You agree that your participation in the Astro Loyalty Program (the “Program”) and use of the Astro Loyalty Web Site (the “Web Site”) and the Astro Loyalty Mobile App (the “Mobile App) is subject to the following Terms of Participation and Use (“These Terms”). Please read these terms and conditions carefully. If you cannot agree with these provisions, please do not participate in the Program or use the Web Site or Mobile App.
These Terms may be modified from time to time by Astro Loyalty LLC (“Astro”). Your continued participation in the Program and access to the Web Site and the Mobile App will constitute your acceptance of any such changes or revisions. Your failure to follow these rules, whether listed below or posted at various points on the Web Site, may result in suspension or termination of your participation in the Program or your access to the Web Site or Mobile App, without notice, in addition to any other remedies that Astro may have.
INFORMATION ON WEB SITE
Astro does not control, and is not responsible for, any information on the Web Site or Mobile App provided by a party other than Astro or any other web site to which the Web Site links. Astro makes no, and expressly disclaims any and all, representations or warranties, express or implied, regarding the Web Site, including without limitation the accuracy, completeness, or reliability of text, graphics, reports, links, products and services, and other items or information
accessed from or via the Web Site, or that the Web Site or Mobile App will be uninterrupted, error-free, or free of viruses or other harmful components. No information provided by Astro or any other party on the Web Site or Mobile App shall create any warranty by Astro or liability to Astro.
Astro does not warrant or make any representations regarding the use or the results of the use of the information or materials on the Web Site or Mobile App in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Under no circumstances shall Astro or any of its officers, directors, employees, or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on the Web Site or Mobile App. Astro shall have no liability for the resulting unavailability of the Web Site or Mobile App or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers or the Internet infrastructure and network external to the Web Site.
USE OF PASSWORD
The right to use the Web Site is afforded to authorized users (each an “Authorized User”). Each Authorized User is responsible for all use by those persons it allows to use the Web Site and for maintaining the confidentiality of its password or passwords and for all usage or activity on your Authorized User’s account including, but not limited to, use of the account by any person who uses its passwords.
If an Authorized User has reason to believe their account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of password), you must promptly change your password and notify Astro of the problem by contacting support@AstroLoyalty.com.
USE OF THE SITE
The Web Site and any information on or generated from the Web Site or mobile app (“Web Site and Mobile App Data”) are intended for use by Authorized Users only. Use of the Web Site, Mobile app or Web Site Data in any way that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, or federal law or regulation is prohibited. The Web Site contains copyrighted and other proprietary information. You may not in any way make any unauthorized use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Web Site, except as permitted by the Copyright Act or other law or as expressly permitted in writing by These Terms or the Web Site.
You agree not to disrupt, modify or interfere with the Web Site and Mobile app, or its associated software, hardware, and/or servers in any way, and you agree not to impede or interfere with others’ use of the Web Site or Mobile App. You further agree not to alter or tamper with any Web Site or Mobile App Data or any materials on or associated with the Web Site or Mobile App.
ASTRO INDEMNIFICATION
You agree to indemnify Astro, its officers, directors, employees, agents and representatives, and to hold them harmless, from any and all claims and liabilities (including attorneys’ fees) which may arise from your participation in the Program or your use of the Web Site or Mobile App or your use of Web Site and Mobile App Data.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE PARTICIPATING IN THE PROGRAM AND USING THE WEB SITE MOBILE APP AND WEB SITE DATA AT YOUR OWN RISK. THE WEB SITE AND MOBILE APP ARE PROVIDED “AS IS”, AND ASTRO HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEB SITE. ASTRO DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION.
ASTRO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF PARTICIPATING IN THE PROGRAM OR USING THE WEB SITE AND MOBILE APP, THESE TERMS, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEB SITE OR MOBILE APP, YOUR USE OF OR
RELIANCE ON THE PROGRAM, THE WEB SITE OR ANY INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE WEB SITE OR MOBILE APP OR ANY PRODUCTS OR SERVICES ACCESSED BY OR RELATED TO THE WEB SITE AND MOBILE APP, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY AGREE TO RELEASE ASTRO, ITS OFFICERS, DIRECTORS EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR
PARTICIPATION IN THE PROGRAM OR YOUR USE OF THE WEB SITE AND MOBILE APP.
TERMINATION OF ACCESS TO THE SITE
Astro has the right to terminate your ability to access the Web Site and Mobile App, for any reason, without notice.
JURISDICTION
Users access and use the Web Site, Mobile App or Web Site Data on their own initiative and are responsible for compliance with all local, state and federal laws, if and to the extent such laws are applicable.
You agree that These Terms, for all purposes, shall be governed and construed in accordance with the laws of the State of Tennessee applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Nashville, Tennessee. In addition, you agree to submit to the personal jurisdiction and venue of such courts.
FORCE MAJEURE
Astro shall not be liable for delays in the performance of the Web Site or Mobile App, which are directly attributable to causes beyond its reasonable control, including, but not limited to, acts of God, fires, strikes, labor disputes, war, acts or intervention by any governmental authority, failure of a common carrier, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction.