ASCEND FOR GROWTH TERMS OF USE Effective Date: September 5, 2026 IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER UNDER “DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER.” PLEASE READ THAT PROVISION CAREFULLY. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN THAT PROVISION. These Terms of Use (these “Terms”) are entered into by and between you and Ascend Executive Group LLC (“Ascend,” “we,” “us,” or “our”). These Terms govern your access to and use of Ascend For Growth, including https://ascendforgrowth.com/, our website content, account features, beta program, assessments, colleague feedback tools, reports, AI-assisted features, communications, and related services that link to these Terms (collectively, the “Platform”). By accessing or using the Platform, creating an account, purchasing or beginning an assessment, submitting information, uploading materials, inviting a colleague to provide feedback, providing colleague feedback, clicking to accept these Terms, or otherwise using any Platform feature, you acknowledge that you have read, understand, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Platform. Eligibility and United States Use The Platform is intended only for individuals who are at least eighteen (18) years old and located in the United States. By using the Platform, you represent and warrant that you meet these requirements and have the legal capacity to enter into these Terms. We do not currently offer the Platform for use outside the United States. If you access the Platform on behalf of another person or an organization, you represent that you have authority to bind that person or organization to these Terms. Unless Ascend expressly agrees otherwise in writing, the Platform is offered for individual professional-development use and not as an employer, human-resources, or enterprise decision-making tool. Platform Overview Ascend For Growth is an AI-enabled leadership-development platform designed to help professionals reflect on how they operate, understand how they may be perceived, receive structured colleague feedback, and identify potential growth opportunities. The Platform may include: • public website content, sample reports, methodology summaries, and related materials; • account registration and account-management features; • a Behavioral Style Assessment that may be offered without charge and is intended to provide insight into how a user approaches work, decisions, communication, structure, collaboration, and execution; • a paid Leadership Insight experience that may use self-reported leadership information, work context, career goals, uploaded materials, structured colleague feedback, Ascend’s proprietary framework and methodology, and AI-assisted narrative generation; • behavioral reports, readiness profiles, observations, recommendations, development opportunities, and related outputs (collectively, “Reports”); and • beta, feedback, testimonial, product-improvement, and other features that Ascend may make available from time to time. Beta, Preview, and Experimental Features The Platform is currently being made available in beta before general availability. Ascend may also make beta, preview, pilot, early-access, experimental, or other pre-release features available from time to time (collectively, “Pre-Release Features”). Pre-Release Features are provided for testing, evaluation, feedback, development, and product-improvement purposes. They may be incomplete, experimental, unavailable, interrupted, inaccurate, or changed without notice, and their assessments, scoring, methodologies, Reports, recommendations, language, user experience, and other functionality may differ from generally available features. Ascend may modify, pause, limit, revoke, suspend, or discontinue any Pre-Release Feature at any time, with or without notice. Ascend is not obligated to maintain a Pre-Release Feature in the same form or to make it generally available. Feedback regarding Pre-Release Features may be used as described under “Feedback and Testimonials.” Accounts and Account Security Certain features require an account. You agree to provide accurate, current, and complete information when creating or updating your account and to keep that information current. Your account is personal to you. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must promptly notify Ascend if you believe your account or credentials have been compromised. You may not share credentials, permit another person to use your account, impersonate another person, or provide false or misleading information. Ascend may disable credentials or suspend or terminate an account if Ascend reasonably believes the account has been compromised, used in violation of these Terms, or used in a manner that creates risk to Ascend, the Platform, or any person. Assessments and Reports • Behavioral Style Assessment. The Behavioral Style Assessment is designed to support reflection, professional development, and growth. It may generate a style classification, profile, work-context overlay, behavioral observations, or similar content. It is not a diagnostic instrument and does not measure or certify psychological condition, employment fitness, or leadership capability. • Leadership Insight. Leadership Insight may combine Behavioral Style information, self-reported leadership inputs, work context, career goals, professional aspirations, uploaded materials, structured colleague feedback, Ascend’s framework and methodology, scoring logic, and AI-assisted narrative generation. A Leadership Insight Report may include a readiness profile, observations, strengths, growth opportunities, and recommended actions. Reports depend on the completeness, accuracy, timing, context, and subjective nature of information provided by users and colleagues. A Report is not a complete or definitive evaluation of a person, their performance, or their potential. Ascend may revise or regenerate Reports as the Platform, methodology, inputs, or Pre-Release Features change. Ascend may preserve prior versions of Reports and may generate refreshed, revised, or replacement Reports using updated User Materials, colleague feedback, methodology, scoring, or Platform functionality. Reports generated at different times may differ. Ascend does not guarantee permanent retention of, or continuous access to, any Report or the information used to generate it. Professional Development Only; No Professional or Employment Advice The Platform and all assessments, scores, classifications, Reports, observations, recommendations, colleague-feedback summaries, AI-assisted content, and other outputs are provided solely for informational, educational, developmental, and self-reflection purposes. The Platform does not provide psychological diagnoses, medical advice, legal advice, financial advice, employment advice, human-resources advice, hiring advice, promotion advice, compensation advice, career guarantees, professional coaching services, certification of leadership capability, or an evaluation of fitness for employment. The Platform and Reports must not be used as the sole basis for hiring, firing, promotion, compensation, discipline, termination, credentialing, admission, or other consequential decisions. You are solely responsible for your decisions, actions, and omissions based on or related to the Platform. Ascend does not guarantee promotion, compensation, hiring, career advancement, leadership readiness, development, or any other outcome. AI-Assisted Features Ascend may use artificial intelligence, machine-learning, and related technologies, including services provided by OpenAI and other vendors, to assist with synthesizing information, generating narrative explanations, identifying themes, drafting observations and recommendations, and producing or refining Reports (collectively, “AI-Assisted Features”). AI-Assisted Features do not independently make hiring, promotion, compensation, employment, psychological, medical, or other regulated decisions. AI-generated or AI-assisted content may be inaccurate, incomplete, misleading, biased, duplicative of content generated for others, or inappropriate for a particular user or situation. Such content may not be unique or eligible for intellectual-property protection. You are responsible for independently reviewing, evaluating, and exercising judgment regarding any AI-assisted content before relying on, using, or sharing it. Ascend may modify, replace, or discontinue any AI provider, model, feature, or workflow at any time. Colleague Feedback • Inviting Colleagues. The Platform may allow you to provide a colleague’s or professional contact’s name, email address, relationship to you, and related information so that Ascend can send that person a structured feedback request. By providing this information, you represent that you have an appropriate relationship, authorization, or other lawful basis to provide the contact information and request the feedback. You authorize Ascend to send invitation, reminder, deadline, and related service communications to the person you identify. • Feedback Participants. If you access the Platform to provide feedback about another person, you agree to provide candid, professional, good-faith feedback based on your direct experience. You must not submit confidential employer or client information, medical or psychological information, protected-class information, discriminatory or harassing content, information you are not authorized to disclose, or content that violates law or third-party rights. • How Feedback Is Used. Ascend is designed primarily to use colleague feedback to identify themes, patterns, and professional-development insights. Ascend ordinarily aggregates, summarizes, synthesizes, or paraphrases feedback rather than presenting individual comments verbatim to the assessed user. Ascend may, however, reproduce, excerpt, attribute, or otherwise use limited feedback content when reasonably necessary to provide, support, troubleshoot, secure, or improve the Platform, respond to a complaint or dispute, comply with law, or with the feedback participant’s consent. Feedback is not anonymous to Ascend. Ascend does not guarantee that a feedback participant’s identity will be concealed from the assessed user or that the assessed user will be unable to infer the participant’s identity. User Materials and Uploaded Materials “User Materials” means information, data, text, files, documents, responses, feedback, communications, and other content submitted, uploaded, entered, transmitted, or otherwise provided by or on behalf of a user or feedback participant through the Platform. User Materials may include account information, assessment responses, professional and work-context information, career goals, uploaded professional-development materials, colleague contact information, colleague feedback, beta feedback, testimonials, and related content. The Platform may permit users to upload resumes, job descriptions, performance reviews, development plans, leadership assessments, career-planning documents, 360 reviews, feedback materials, and similar professional-development materials. You are responsible for reviewing materials before uploading them and confirming that you are authorized to provide them to Ascend. Do not upload or submit medical records, psychological evaluations, protected-class information, employment-investigation materials, government identification numbers, financial account credentials, highly sensitive personal information, trade secrets, confidential employer, client, customer, or third-party information that you are not authorized to disclose, or any other content that is not reasonably necessary for your use of the Platform. Ascend does not undertake to screen User Materials for sensitive, confidential, or unauthorized information and may decline to process or may remove User Materials at any time. You represent and warrant that you have all rights, permissions, authorizations, and consents necessary to provide the User Materials and that the User Materials and Ascend’s permitted use of them will not violate law, third-party rights, confidentiality obligations, employer policies, or these Terms. Rights in User Materials As between you and Ascend, you retain ownership of your pre-existing User Materials, subject to the rights granted in these Terms. You grant Ascend and its service providers a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, transmit, process, analyze, summarize, adapt, format, display, and create derivative works from User Materials as reasonably necessary or useful to: • provide, operate, maintain, support, secure, personalize, and improve the Platform; • administer assessments, colleague-feedback workflows, payments, communications, and accounts; • generate, revise, and deliver Reports, observations, themes, and recommendations; • conduct beta testing, quality assurance, analytics, research, and product development; • enforce these Terms, protect Ascend and others, and comply with applicable law; and • exercise the other rights expressly described in these Terms and the Privacy Policy. Ascend will handle personal information included in User Materials as described in the Privacy Policy. This license continues for as long as reasonably necessary to provide the Platform, preserve prior versions of Reports, support refreshed, revised, or replacement Reports, satisfy legal and operational requirements, and use deidentified or aggregated information as permitted below. Ascend Intellectual Property and Limited License The Platform and all content, features, functionality, software, code, designs, interfaces, text, graphics, trademarks, logos, names, question banks, assessment items, behavioral and leadership frameworks, methodologies, scoring logic, report structure, prompts, prompt architecture, AI workflows, models, processes, documentation, know-how, trade secrets, and other materials created, owned, or licensed by Ascend (collectively, “Ascend Materials”) are protected by intellectual-property and other laws. Ascend and its licensors retain all right, title, and interest in and to the Ascend Materials. Subject to your compliance with these Terms, Ascend grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform and Ascend Materials solely for your personal, non-commercial professional-development purposes. No other rights are granted by implication, estoppel, or otherwise. Reports and Output Rights Reports may incorporate or reflect User Materials, colleague feedback, AI-assisted content, and Ascend Materials. Ascend retains ownership of the Report format, structure, methodology, scoring, templates, prompts, workflow, and other Ascend Materials incorporated into or used to create a Report. Subject to these Terms, Ascend grants the user for whom a Report is generated a limited, non-exclusive, non-transferable license to download, retain, and use that Report for the user’s own personal and professional-development purposes. Each Report reflects the User Materials, colleague feedback, methodology, scoring, and Platform functionality available when it was generated. Ascend may label, retain, archive, or make available multiple versions of a Report, but does not guarantee that any prior or current Report will remain available indefinitely. A refreshed, revised, or replacement Report may differ from a prior Report and does not necessarily invalidate or supersede the prior Report unless Ascend expressly states otherwise. You may share your own Report with a professional advisor, coach, mentor, manager, or other person at your discretion, but you are responsible for the decision to share it and for any consequences of that disclosure. You may not sell, license, publish, publicly distribute, use to train or improve another model or assessment, or commercially exploit a Report or any Ascend Materials without Ascend’s prior written consent. Aggregated and Deidentified Information Ascend may create and use aggregated, anonymized, or deidentified information derived from Platform use, User Materials, assessments, Reports, and feedback. Ascend may use and disclose such information for analytics, research, benchmarking, product development, methodology improvement, security, business planning, and other lawful purposes, provided the information does not reasonably identify a particular individual in violation of applicable law. Ascend will not attempt to reidentify information that has been deidentified, except as permitted by law to test or validate deidentification. Feedback and Testimonials • Product Feedback. If you submit suggestions, comments, bug reports, ideas, or other feedback about the Platform (“Product Feedback”), you grant Ascend a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable right to use, reproduce, modify, distribute, display, perform, commercialize, and otherwise exploit the Product Feedback for any lawful purpose without attribution or compensation. Product Feedback does not include personal information except as described in the Privacy Policy. • Testimonials. Ascend will use a testimonial for marketing or promotional purposes only when the person providing it affirmatively submits or authorizes that use. If you authorize testimonial use, you represent that the testimonial reflects your honest opinions and experience and grant Ascend permission to use, reproduce, display, distribute, and edit it for length or clarity without materially changing its meaning, together with any name, role, company, likeness, or other information you authorize Ascend to use. Fees, Payments, Taxes, and Refunds The Behavioral Style Assessment may be offered without charge. Leadership Insight and other Platform features may be subject to fees displayed at checkout or otherwise communicated before purchase. Ascend may change prices at any time, but a price change will not affect a completed purchase unless disclosed at the time of purchase. Payments are processed by Stripe or another third-party payment processor. You agree to provide accurate payment and billing information and authorize Ascend and its processor to charge all applicable fees, taxes, and other amounts associated with your purchase. Ascend does not receive or store complete payment-card information. Unless a different refund policy is displayed at checkout, fees for a paid assessment are non-refundable once the assessment is started, colleague invitations are sent, report generation begins, or other substantial services are provided, except as required by applicable law or as Ascend otherwise determines in its discretion. Communications By using the Platform, you agree that Ascend may send you transactional, administrative, account, security, payment, assessment, report, colleague-feedback, beta, and service-related communications by email or through the Platform. If you invite colleagues, you authorize Ascend to send them service communications related to the feedback request. You may opt out of marketing emails by using the unsubscribe link in those emails or contacting Ascend. Even if you opt out of marketing communications, Ascend may continue sending non-marketing communications necessary to provide or administer the Platform or comply with law. You consent to receive notices electronically, and electronic notices satisfy any legal requirement that a communication be in writing. Prohibited Uses You may use the Platform only for lawful purposes and in accordance with these Terms. You may not, and may not assist another person to: • use the Platform in violation of any law, regulation, contract, confidentiality obligation, employer policy, or third-party right; • use the Platform or any Report to make or substantially support hiring, firing, promotion, compensation, discipline, termination, credit, insurance, housing, education, healthcare, credentialing, or other consequential or regulated decisions; • submit false, deceptive, unauthorized, unlawful, discriminatory, harassing, defamatory, obscene, infringing, or malicious content; • upload or disclose information you are not authorized to provide or information prohibited under “User Materials and Uploaded Materials”; • copy, reproduce, modify, publish, distribute, sell, license, or create derivative works from the Platform, Reports, or Ascend Materials except as expressly permitted; • reverse engineer, decompile, disassemble, decode, extract, scrape, crawl, harvest, benchmark, or attempt to derive Ascend’s source code, methodology, scoring, question banks, prompts, workflows, models, or proprietary logic; • use the Platform, Reports, or Ascend Materials to train, develop, improve, evaluate, or benchmark a competing or similar product, service, model, assessment, or dataset; • circumvent security or access controls, access another person’s account or data without authorization, or test the vulnerability of any system without permission; • introduce malware, viruses, harmful code, or other material that could impair the Platform; • interfere with, disrupt, overload, damage, or impair the Platform or another person’s use of it; or • use the Platform for any purpose that could harm Ascend, users, feedback participants, or third parties. Third-Party Services and Links The Platform may rely on, integrate with, or link to third-party services, including authentication and database providers, payment processors, AI providers, email providers, hosting providers, source-control providers, analytics and security providers, and other vendors. Current providers include Supabase, Stripe, OpenAI, Resend, and Vercel. Ascend may add, replace, or remove service providers as the Platform and its operations evolve. Third-party services are subject to their own terms, privacy policies, availability, and security practices. Ascend does not control and is not responsible for third-party services, websites, content, or practices, except to the extent required by applicable law or expressly agreed in writing. Ascend may add, replace, or remove third-party providers at any time. Privacy Ascend’s Privacy Policy, available at https://ascendforgrowth.com/privacy, describes how Ascend collects, uses, discloses, retains, and protects personal information. By using the Platform, you acknowledge the Privacy Policy. If these Terms conflict with the Privacy Policy regarding the treatment of personal information, the Privacy Policy controls to the extent of the conflict. Changes to the Platform; Availability; Suspension and Termination Ascend may update, change, suspend, restrict, or discontinue the Platform, any assessment, Report, feature, methodology, scoring model, content, price, output, or provider at any time. Ascend does not guarantee that the Platform will be available, uninterrupted, secure, error-free, complete, or free from harmful code, or that data will never be lost or corrupted. Ascend may suspend, restrict, or terminate your access if Ascend reasonably believes you violated these Terms, created a security or legal risk, failed to pay required fees, provided false or unauthorized information, misused the Platform, or engaged in conduct that may expose Ascend or others to liability. You may stop using the Platform at any time. Termination does not affect rights or obligations that by their nature should survive, including ownership, licenses, payment obligations, disclaimers, limitations of liability, indemnification, and dispute-resolution provisions. Disclaimer of Warranties THE PLATFORM, ASSESSMENTS, REPORTS, AI-ASSISTED FEATURES, OUTPUTS, CONTENT, AND RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ASCEND AND ITS LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY, RELIABILITY, AND ERROR-FREE OPERATION. ASCEND DOES NOT WARRANT THAT THE PLATFORM OR ANY REPORT OR OUTPUT WILL MEET YOUR NEEDS, ACHIEVE ANY INTENDED RESULT, BE ACCURATE OR COMPLETE, BE APPROPRIATE FOR YOUR CIRCUMSTANCES, RESULT IN PROMOTION, COMPENSATION, HIRING, CAREER ADVANCEMENT, LEADERSHIP READINESS, OR ANY OTHER OUTCOME, OR BE COMPATIBLE WITH ANY THIRD-PARTY SYSTEM OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE FOREGOING MAY NOT APPLY TO YOU. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, ASCEND AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES; LOST PROFITS; LOST REVENUE; LOST BUSINESS; LOST GOODWILL; LOSS OR CORRUPTION OF DATA; BUSINESS INTERRUPTION; OR DAMAGES ARISING FROM RELIANCE ON ASSESSMENTS, REPORTS, AI-ASSISTED CONTENT, COLLEAGUE FEEDBACK, OR OTHER PLATFORM CONTENT, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, ASCEND’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO ASCEND FOR THE PLATFORM FEATURE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) FIVE HUNDRED DOLLARS ($500). THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING EXCLUSIONS AND LIMITATIONS DO NOT APPLY TO ASCEND’S FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, OR TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. Indemnification To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Ascend and its members, managers, officers, employees, contractors, affiliates, licensors, service providers, and agents from and against any third-party claim, demand, action, proceeding, damage, liability, loss, judgment, settlement, penalty, cost, or expense, including reasonable attorneys’ fees, arising out of or relating to: (a) User Materials or other information you submit, upload, or provide through the Platform; (b) your provision of colleague contact information or request for colleague feedback; (c) your violation of these Terms, applicable law, or a third party’s rights; or (d) your misuse of the Platform. Ascend may assume exclusive control of the defense of any matter subject to indemnification, and you agree to cooperate reasonably with that defense. You may not settle a matter subject to indemnification in a manner that imposes liability or obligations on Ascend without Ascend’s prior written consent. Dispute Resolution; Binding Arbitration; Class Action Waiver PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. • Informal Resolution. Before initiating arbitration or litigation, the party asserting a dispute must send the other party a written notice describing the dispute and requested relief. Notices to Ascend must be sent to [email protected]. The parties will attempt in good faith to resolve the dispute for at least thirty (30) days after receipt of the notice. • Binding Individual Arbitration. Except for the matters described below, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the relationship between you and Ascend that cannot be resolved informally will be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by these Terms. The Federal Arbitration Act governs this arbitration agreement. The arbitrator has authority to resolve disputes concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide any dispute regarding the class-action waiver below. The arbitration may be conducted by telephone, video conference, written submissions, or in person in Maricopa County, Arizona, or another location reasonably convenient to you as required by the AAA rules or applicable law. Filing, administration, and arbitrator fees will be allocated under the AAA rules. Ascend will pay fees it is required to pay for this arbitration agreement to be enforceable. Each party will bear its own attorneys’ fees unless a statute or the arbitrator permits an award of fees. • Exceptions. Either party may bring an individual action in small-claims court if the action qualifies. Either party may also seek temporary or preliminary injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, unauthorized access, or other misuse of intellectual property, confidential information, or security rights. • Class Action and Jury Trial Waiver. YOU AND ASCEND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER A REPRESENTATIVE OR CLASS PROCEEDING. TO THE EXTENT A DISPUTE PROCEEDS IN COURT, YOU AND ASCEND WAIVE ANY RIGHT TO A JURY TRIAL. • Right to Opt Out. You may opt out of this arbitration agreement by sending Ascend a written opt-out notice within thirty (30) days after you first accept these Terms. The notice must include your full name, the email address associated with your account, and a clear statement that you are opting out of arbitration. Send the notice by email to [email protected] with the subject line “Arbitration Opt-Out.” A notice is effective when received by Ascend. If you timely opt out, the arbitration agreement and the class-action and jury-trial waivers in this section will not apply to disputes between you and Ascend. All other provisions of these Terms, including “Governing Law and Venue,” will remain in effect. • Severability. If any portion of this Section is found unenforceable, that portion will be severed and the remainder will remain in effect, except that if the class-action waiver is found unenforceable as to a particular claim, that claim must proceed in court and not in arbitration. Governing Law and Venue These Terms and any dispute arising out of or relating to them or the Platform are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Arizona, without regard to conflict-of-law rules. Any dispute not subject to arbitration or small-claims court must be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and each party consents to the personal jurisdiction and venue of those courts. Changes to These Terms Ascend may modify these Terms from time to time by posting an updated version and changing the Effective Date. Ascend may provide additional notice of material changes by email, through the Platform, or by other reasonable means. Unless applicable law requires otherwise, updated Terms become effective when posted or on the later date stated in the updated Terms. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms. Changes to the “Dispute Resolution; Binding Arbitration; Class Action Waiver” provision will apply only prospectively to disputes arising after the change becomes effective, unless you agree otherwise. Miscellaneous These Terms, together with the Privacy Policy, checkout disclosures, and any additional terms expressly incorporated by reference, constitute the entire agreement between you and Ascend regarding the Platform. If a provision is invalid, illegal, or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. Ascend’s failure to enforce a provision is not a waiver. You may not assign or transfer these Terms without Ascend’s prior written consent. Ascend may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law. These Terms do not create any agency, partnership, joint venture, employment, or fiduciary relationship. There are no third-party beneficiaries except Ascend’s licensors and service providers with respect to provisions that expressly protect them. Ascend is not liable for delay or failure caused by events beyond its reasonable control. Contact Information Ascend Executive Group LLC Email: [email protected] Website: https://ascendforgrowth.com/