Terms of Use 

 

Introduction 

 

These Terms of Use (“Terms of Use” or “Terms”) outline the terms, conditions, notices, and policies that constitute a legally binding agreement between Ameristar Information Network, LLC, together with its parent, its past, existing, and future direct and indirect subsidiaries and affiliates, its successors and assigns, its representatives, officers and directors (collectively, “Ameristar”, “Company”, “us”, “we” or “our”) and you, individually, all members of your household, others who use the Sites under your account, and/or you, as a representative of your company (“you”, “your”, or “user”). You and Ameristar may be individually referred to herein as a party (“Party”) and together as the parties (“Parties”) to these Terms of Use. 

 

These Terms of Use govern your access to, or use of, our (1) websites and platforms (“Websites”), mobile sites, applications, and mobile interactive features (“Mobile Applications”), our social media pages (“Social Media Pages”), and/or our products, services and/or technologies (“Products and Services”); (2) when you communicate with us in any manner, including but not limited to, by email, telephone, and/or in person; and (3) from third party sources, in our capacity as data controllers (collectively, the use and access of any of these sources shall be referred to as “the Sites”).  These Terms of Use govern your access and use of the Sites, regardless of how you access them, whether by computer, mobile device, or otherwise; and whether directly through the Sites, or through any third-party website that links to them, and regardless of whether you are a registered user or a guest. 

 

Changes to the sites or terms of use 

 

Changes to the Sites 

 

Ameristar reserves the right to change, modify, suspend, discontinue, or otherwise update the Sites at any time, in its sole discretion, and without prior notice to you including, but not limited to, the functionality and content of the Sites. Ameristar makes no commitment to keep the Sites functioning or updated. Ameristar further reserves the right to deny access to the Sites to anyone at any time.  You agree that Ameristar will not be liable to you or any third party for any changes, modifications, suspensions, discontinuance, or updates of the Sites unless specifically stated in a written agreement between the Parties. 

 

Changes to the Terms of Use 

 

Ameristar reserves the right to change, modify, suspend, discontinue, or otherwise update these Terms of Use, at any time, in its sole discretion, and without prior notice to you, by posting such changes on the Sites. All changes shall become effective immediately upon posting. The effective date and revised date may be stated at the top of these Terms of Use. You are bound by any such revisions and should therefore periodically visit the Sites to review the current Terms of Use and all other legal disclaimers or notices on the Sites to which you are bound.  

 

By continuing to access and use the Sites and/or use our Products and Services, or by communicating with us in any manner, following the posting, you represent that you have read, understood, and agree to be bound by these Terms and Use.  If you do not agree to these Terms, you are not permitted to access or use the Sites.   

 

The Parties expressly disclaim the right to claim the enforceability of any oral modifications to these Terms of Use or any amendments based on course of dealing, waiver, reliance, estoppel, or other similar legal theory. No delay or omission by either Party to exercise any right occurring upon any non-compliance or default of the other Party regarding any of the Terms herein shall impair any such right or be construed to be a waiver thereof. Nothing contained or changed in these Terms of Use is intended to modify or amend any other written agreement, if any, that may currently be in effect between you and Ameristar. 

 

Authority 

 

By using our Site, you represent that you are at least 18 years old. Accordingly, you agree that you are fully able and competent to enter into the terms, conditions, representations and warranties set forth in these Terms of Use; otherwise, please exit the Sites.  

 

Ameristar further suggests that you take advantage of any access controls offered through the Sites or third-party sites, which are designed to assist you in limiting or blocking access to certain types of web content you may feel may be harmful or inappropriate. 

 

Geographical limitations 

 

The Sites are operated by a US entity and is governed by the state and federal laws of the United States.  The laws of your jurisdiction may be more or less strict than the laws that apply to the Sites. If you access the Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You may not use the Sites or Ameristar’s Products and Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you are accessing the Sites or using Ameristar’s Products and Services. You are responsible for compliance with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services. 

 

Unless expressly and specifically stated otherwise on the Sites, Ameristar provides the Sites for use only by persons located within the United States. Ameristar makes no representation that all products, services and/or material described on the Sites are appropriate or available for use in locations outside the United States or all territories within the United States. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws. Unless otherwise specified, the content and materials on the Sites is presented solely for your convenience and/or information. 

 

Ownership 

 

The Sites are owned and operated by Ameristar. Unless otherwise explicitly specified by Ameristar, all content and materials that are included in or otherwise a part of the Sites including, without limitations, past, present, and future versions, domain names, features, functionalities, text, interfaces, graphics, source and object code, design rights, logos, icons, images, and videos, and the selection, assembly, and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (“Site Content”) (excluding “User Provided Content”), in each case, whether registered or unregistered, other than the marks of third parties, and related goodwill, are owned, controlled, or licensed as the exclusive property of Ameristar or its licensors. These Terms of Use, the Site Content and all rights, title, and interest, including all related intellectual property rights therein, are and shall remain Ameristar’s property or the property of Ameristar’s licensors. These Terms of Use are not a sale and do not convey or grant to you any rights in or related to the Sites and Site Content, or any intellectual property rights owned by Ameristar, except for the limited license granted herein. 

 

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Ameristar as a result of these Terms of Use or your access or use of the Sites.  You agree not to present yourself as a representative, agent, or employee of Ameristar, and that Ameristar shall not be liable for any representation, act, or omission by you. Any unauthorized use of the materials appearing on the Sites may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties. Any unauthorized use of Ameristar Site Content is strictly prohibited.  

 

The rights, title, and interest of the Sites, the Site Content, the products and services, software and programs, used or obtained, is currently and shall remain the exclusive property of Ameristar or its licensors and, to the fullest extent permitted by applicable law, are protected by copyright, trademark, and other laws of the United States, the various states, and foreign countries, and as more fully described in this section.   

 

Copyright 

 

All Site Content included in or made available through the Sites, or any other websites owned, operated, licensed, or controlled by Ameristar, is protected by copyright and is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, modify, reverse engineer, alter (including the removal or disabling of any security or technological safeguards, disclaimers, or legends), republish, upload, broadcast, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Ameristar or as expressly set forth and permitted by these Terms of Use. Use of the Site Content in any other way or for any other purpose other than personal, non-commercial use is a violation of Ameristar’s copyright and other proprietary rights.  All rights not expressly granted are reserved.  

 

You may not use on your website any trademarks, service marks or copyrighted Site Content appearing on the Sites, including but not limited to any logos or characters, without the express written consent of Ameristar or the owner of the mark or copyright. You may not frame or otherwise incorporate into another website any of the Site Content on the Sites without prior written consent of Ameristar. 

 

Trademarks 

 

The trademarks, service marks, trade dress, our name, brand and logo, and all related names, brands, logos, product and service names, designs and slogans (collectively, “Trademarks”) displayed on the Sites are the registered and unregistered Trademarks of Ameristar and its licensors. Not all marks of Ameristar will appear on the Sites and not all products or services listed on the Sites are available for sale in every country. Some products or services may be marketed under local trademarks in specific countries now, or in the future. Marks of third parties may appear on the Sites when referring to those entities or their products or services. Third party marks displayed on the Sites are owned by their respective owners. All rights not expressly granted are reserved.  

 

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Sites are Trademarks of Ameristar in the U.S. and other countries. Ameristar’s Trademarks may not be used in connection with any product or service that is not Ameristar’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ameristar. All other trademarks not owned by Ameristar that appear in the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ameristar.  

 

You agree that, except as expressly permitted by us (e.g., through social media sharing tools provided on the Sites) or by our licensors, where applicable, you will not refer to or attribute any information to Ameristar or its licensors in any public medium (e.g., press release, websites, or public social media) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademarks of, or imply any endorsement by or relationship with, Ameristar or its licensors. 

 

Copyright Infringement and Complaints 

 

Ameristar respects the intellectual property rights of others. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Sites have been copied or otherwise infringe your copyright, you may submit a notice of same to Ameristar, pursuant to the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(3).  Please send your copyright infringement notification (“DMCA Notice”) to Ameristar’s designated agent at the following address: 

 

     MAILING ADDRESS: 

     DMCA Copyright Agent 

     Ameristar 

     Attn:  Legal Team – Trademark & Copyright Matters 

     PO Box 94049 

     Southlake, Texas 76092 

     EMAIL ADDRESS: 

     Subject Line: DMCA Notice 

     Email:  LegalTeam@AmeristarUSA.com 

 

To be effective under the DMCA, your DMCA Notice must be in writing and include the following: 

 

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

 

1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. 

 

1. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ameristar to locate the material. 

 

1. Information reasonably sufficient to permit Ameristar to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. 

 

1. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 

 

1. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

 

Upon receipt of an effective copyright notice, Ameristar will expeditiously investigate and take appropriate actions pursuant to the DMCA, which may include the removal of, or the disabling of access to, the complained-of material. 

 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. If we take measures to remove or disable content in response to a DMCA Takedown Notice, we may attempt to contact the user who uploaded the content to notify them of a claim. Your claim, along with your personally identifying information, may be shared with the user who uploaded the content at issue. It is our policy to document all notifications of alleged infringement on which we act. As with all legal notices, a copy of the notification may be sent to one or more third parties who may make it available to the public. 

 

Counter Notification 

 

If you are a user of the Sites and content that you have uploaded has been removed or disabled, you may submit a counter notification to Ameristar (“Counter Notice”). To be effective, the Counter Notice must be a written communication sent to the DMCA Copyright Agent, listed above, that includes the following: 

 

1. A physical or electronic signature of the subscriber. 

 

1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. 

 

1. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. 

 

1. The subscriber’s name, address, and telephone number. 

 

1. A statement that the subscriber consents to the jurisdiction of Federal District Court, located in Tarrant County, Texas, and that the subscriber will accept service of process from the person who provided notification or an agent of such person who provided the DMCA Notice to the Sites. 

 

The DMCA allows us to restore the removed User Provided Content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice. Please note that, pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by Ameristar, as a result of Ameristar relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.  Please consult with legal counsel before filing a copyright infringement notification or a counter notification pursuant to the DMCA. 

 

Repeat Infringers 

  

Ameristar reserves the right to disable and/or terminate the accounts of users who repeatedly infringe others’ copyrights. 

 

Use of the sites 

 

User License 

 

Subject to your compliance with these Terms of Use, Ameristar grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Sites solely in connection with viewing the Sites for your personal or internal business purposes. You assume the sole responsibility and liability as to your use of the Sites, including, but not limited to, verifying that the Sites are usable and meet your requirements, and ensuring the accuracy of any User Provided Data that you provided in the course of accessing or using the Sites. You shall comply with all applicable laws in connection with your access to and use of the Sites. We may revoke your license at any time in our sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the Sites, as well as copies of such materials, whether made in accordance with these Terms of Use or otherwise. 

 

You agree not to view, copy, or procure content or information from the Sites by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the Ameristar content (except as may be a result of standard search engine or Internet browser usage), unless formally authorized by Ameristar under a separate written agreement. Further, no materials from the Sites may be reproduced, duplicated, copied, modified, rented, leased, sold, resold, traded, visited, publicly performed, republished, broadcasted, downloaded, uploaded, posted, transmitted, distributed, created or derivative works based on, or otherwise exploited for any commercial purpose, in any form or by any means, any portion, use of, or access to, the Sites (including User Provided Content, advertisements, APIs, and software), without express written consent of Ameristar, or as expressly provided in these Terms of Use. You may access and use the Sites only for lawful purposes and in accordance with these Terms of Use. The license granted by Ameristar may automatically terminate if you do not comply with these Terms of Use. 

 

By accessing or using the Sites, you further agree that you will comply with all applicable laws and will not: 

 

(a) Use any meta tags or any other “hidden text” utilizing Ameristar’s name or trademarks without the express written consent of Ameristar; 

 

(b) Access or obtain, or attempt to access or obtain, any personal, nonpublic, or confidential information contained within the Sites which you are not authorized to access or obtain; 

 

(c) Send, expose, disclose, reveal, or share nonpublic private information through the Sites without the express written consent of the owner of the information; 

 

(d) Access or attempt to access any portions of the Sites which are password-protected, secure, or nonpublic areas of the Site that you are not authorized to access; 

 

(e) Remove or conceal any proprietary notices from the Sites;  

 

(f) Modify, create derivative works, translate, reverse engineer, decompile, hack, disassemble, or in any way exploit the Sites, or any contents or any other elements contained or offered by the Sites; 

 

(g) Use the Sites to directly or indirectly resell, license, or transfer Ameristar Content, or content displayed by the Sites to a third party or in any manner not permitted by the licenses granted herein; 

 

(h) Interfere with the operation of the Sites, the server(s) on which the Sites are stored, or any associated server, computer, or database, or others’ enjoyment or use of the same; 

 

(i) Access, create, or modify source, object, or other code of the Sites in any way; 

 

(j) Scrape or otherwise conduct any systematic retrieval of data or other content from the Sites, and you will not attempt any of the foregoing; 

 

(k) Create, post, display, publish, or distribute any link to any page of the Sites;  

 

(l) Use the Sites to, or in any way that would, violate any applicable local, state, national, or international law, regulation, ordinance or practice having the force of law, or for deceptive or fraudulent purposes; 

 

(m) Access or use the Sites in violation of any applicable laws, including copyrights, trade secrets, other intellectual property rights, or other rights of any third party, including privacy, personality, or publicity rights; 

 

(n) Use the Sites to exploit or harm, or attempt to exploit or harm, Ameristar or Ameristar employees; 

 

(o) Use the Sites to engage in conduct that harms, attempts to harm, or threatens the safety of other users, vendors, suppliers, contractors, subcontractors, or our community in any way whatsoever, and you will take reasonable steps to prevent the foregoing; 

 

(p) Engage in threatening, harassing, racist, or sexist behavior or any other behavior that Ameristar deems inappropriate when using the Sites; 

 

(q) Use or attempt to use the Sites to cause nuisance, annoyance, or inconvenience; and 

 

(r) Use or attempt to use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Sites or impersonate or attempt to impersonate Ameristar, its employees, or anyone else; 

 

(s) Send, knowingly receive, upload, download, use, or re-use material that does not comply with the User Provided Content Standards set out in the following section; 

 

(t) Transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or similar solicitation; 

 

(u) Advertise or offer to sell any goods or services for any commercial purpose; 

 

(v) Conduct or forward surveys, contests, pyramid schemes, or chain letters; 

 

(w) Delay the reporting of any errors, bugs, unauthorized access methodologies, or any breach of our intellectual property rights that you uncover in your use of the Sites; 

 

(x) Access or use the Sites for any reason other than for your sole, personal, or internal business use. 

 

If you violate any of the terms of this Section, your permission to use the Sites automatically terminates. If you detect or discover any issues or failures regarding the operation, function, availability, or security of the Sites, please notify us at the TERMS OF USE CONTACT INFORMATION section herein.  

 

Registration, password and security 

 

You may be required to register for an account to access or use certain parts of the Sites. When you create an account or provide us information on the Sites, you agree to: (i) provide true, accurate, current, and complete information during the registration process and at all other times when you use the Sites, and (ii) maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Ameristar has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, this constitutes a breach of these Terms of Use, which may result in Ameristar suspending or terminating your account and refusing any and all current or future access or use of the Sites (or any portion thereof).  

 

You are the sole authorized user of any account you create through the Sites. When you register or open an account, please select a password that would not be obvious to someone trying to guess your password and change it regularly as an added precaution. You are solely and fully responsible for all activities that occur under your password or account. You are responsible for maintaining confidentiality and safeguarding your username, password, and other log-in information (“Credentials”) that you use to access the Sites and for any activities or actions under your Credentials. You further agree that you will monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You must immediately log off from your account at the end of each session. 

 

You agree not to disclose your Credentials to any third party. You are solely responsible for all uses of your Credentials, including, but not limited to, any account activity or transactions conducted through the use of your Credentials, whether or not authorized by you. Should you suspect that any unauthorized party may be using your password or account, you will notify Ameristar immediately. Ameristar will not be liable, and you may be liable, for losses, damages, liability, expenses, and fees incurred by Ameristar or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you have an existing account with us, your account may be governed by an account or license agreement. If there is any conflict between these Terms of Use and your account or license agreement, the account or license agreement shall govern. 

 

If you become aware of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Credentials, you agree to immediately notify Ameristar of any unauthorized use of your password or account or any other breach of security by notifying us by email at Webmaster@ameristarusa.com. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 

 

Without limiting any rights which Ameristar may otherwise have, Ameristar reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, Ameristar may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Ameristar be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Ameristar under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else’s account, at any time, without the permission of the account holder. 

 

The security of your personally identifying information is important to us. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Sites is invulnerable to all security breaches, and that Ameristar makes no warranty, guarantee, or representation that use of any of the Sites is protected from viruses, security threats or other vulnerabilities. 

 

Privacy 

 

Ameristar respects your concerns about privacy and values its relationship with you. When working with us, you should only provide personal information where specifically requested within the Sites. You are responsible for the personal information that you enter or transmit on the Sites. Personal information entered in sections of the Sites that are intended to collect such information is not considered User Provided Content, as that term is defined herein. 

 

All personal information provided via the Sites will be handled in accordance with the Site’s Privacy Policy. Our use of personal information is governed by the provisions of this Privacy Policy. We recommend that you read the Privacy Policy prior to submitting your personal information on the Sites. You consent to Ameristar’s collection, use, and disclosure of personal information, as described in the Privacy Policy.  

 

You are fully responsible for ensuring that you restrict entry of personal information only to the sections of the Sites intended to collect that information. You are fully responsible for ensuring that all personal information that you submit is: (1)  accurate, current, and complete; (2) that you submit only your own personal information or, if you are acting on behalf of another person and entering their personal information, you are authorized to do so; and (3) that you and anyone whose personal information you submit are over the age of eighteen (18) and reside in the United States.  

 

If you are under the age of 18, please do not create a user account or send any personal information about yourself.  

 

Submissions 

 

User Provided Content 

 

Ameristar may provide you with interactive opportunities through the Sites, including, but not limited to, allowing you to submit, post, upload, embed, display, communicate, email, link to, store, share, and otherwise make available certain information, feedback, testimonials, suggestions, reviews, texts, photos, images, graphics, audios, videos, profile data or other material (collectively, “User Provided Content”). You are authorized to post User Provided Content to the Sites only for the purpose of conducting business with Ameristar. You are responsible for the User Provided Content that you post to the Sites, including its accuracy, legality, reliability, and appropriateness. You must exercise caution, good sense and proper judgment in using the Site and submitting User Provided Content. You are responsible for any material you place on or transmit to or through the Sites. You agree, represent and warrant that any information you post to or transmit through the Sites is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility. By submitting the User Provided Content, you agree to follow and be bound by these Terms of Use, which govern the access and use of User Provided Content. 

 

The User Provided Content is for information, education, and entertainment purposes only and you should not construe any information provided from the User Provided Content as legal, tax, investment, or other advice. In exchange for using any of the User Provided Content, you agree not to hold Ameristar or its third-party providers liable for any possible claim for damages arising from any decision you may make based, in whole or in part, on the use of this information or materials. Please note that all information and other materials contained in the User Provided Content that is provided by third parties are believed by Ameristar to be provided by reliable third sources, but Ameristar does not guarantee and is not responsible for the accuracy, timeliness, or suitability for use of any such information or materials. 

 

The Sites are owned and operated by Ameristar. Ameristar may modify, suspend, discontinue, or restrict the use and availability of any portion of the Sites at any time, without notice or liability. Your use of the Sites may be monitored by Ameristar and used for Ameristar’s internal business purposes, without liability.  

 

Ameristar Right and License 

 

You agree that you are solely responsible for all information, data, content, messages, quotations, and any other materials that you upload, post, e-mail, transmit or otherwise make available through the Sites. By submitting User Provided Content, you represent and warrant that you own all rights, title, and interest to such User Provided Content. Ameristar does not claim ownership of any User Provided Content that you may submit or otherwise make available to or through the Sites, but as a condition of posting User Provided Content you grant Ameristar a perpetual, worldwide, irrevocable, non-negotiable, non-exclusive, fully-paid, royalty-free, fully sub-licensable, and transferable right and license to use, store, modify, adapt, publish, perform, translate, display, broadcast, sell, reproduce, create derivative works from, and distribute such User Provided Content, in whole or in part, in any manner and for any purpose, and in any format or medium now known or later developed, at Ameristar’s sole discretion throughout the world in any media from any User Provided Content you submit. 

 

User Representations 

 

By submitting User Provided Content, you represent and warrant that:  

 

(a) You are at least 18 years of age and possess the legal right and ability to agree and comply with these Terms of Use;  

 

(b) The User Provided Content is yours (you own it) or you have the right to submit, post and or otherwise transmit the User Provided Content and you grant us the rights and license to use such information and materials, as provided in these Terms of Use;  

 

(c) The User Provided Content you submit does not violate any foreign, federal, state or local law or regulation, including all applicable privacy or data protection laws (including, but not limited to, the GLBA, the California Consumer Protection Act (“CCPA”), the General Data Protection Regulation (“GDPR”) and the Taxpayer First Act of 2019) (collectively, “Applicable Laws”);  

 

(d) The posting of your User Provided Content on or through the Sites does not infringe, violate or attempt to violate any law, or the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;  

 

(e) Use of the content you supply will not cause injury to any person or entity and that you will fully indemnify Ameristar for all claims resulting from User Provided Content you supply; 

 

(f) The User Provided Content does not contain personal, confidential, or proprietary information and, if it does, you grant Ameristar the right to use the information that you submit in connection with such User Provided Content, if we shall choose;  

 

(g) The User Provided Content does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; and  

 

(h) The User Provided Content is not known by you to be false, inaccurate, or misleading and you agree that Ameristar takes no responsibility and assumes no liability for any User Provided Content posted by you or any third party. 

 

If you violate any of the terms of this section, your permission to use the Sites may be suspended or terminated at the sole discretion of Ameristar. 

 

 

 

 

Non-Confidentiality of User Provided Content 

 

Ameristar, as a policy, does not accept or consider content, information, ideas, suggestions, or other materials including, but not limited to, ideas for new products, promotions, or technologies, other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. You should never transmit any material to or through the Sites that you consider to be confidential or proprietary.  

 

All material which you transmit to or through the Sites will be considered non-confidential and non-proprietary. Except as expressly provided in Ameristar’s Privacy Policy or separate written agreement between you and Ameristar, you grant Ameristar a perpetual, worldwide, irrevocable, non-negotiable, non-exclusive, fully-paid, royalty-free, fully sub-licensable, and transferable right and license to use, store, modify, adapt, publish, perform, translate, display, broadcast, sell, reproduce, create derivative works from, and distribute such User Provided Content, in whole or in part, in any manner and for any purpose, and in any format or medium now known or later developed, at Ameristar’s sole discretion throughout the world in any media from any User Provided Content you submit. You further agree that Ameristar has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas which you (and those who act on your behalf) transmit to or through the Sites. To the fullest extent permitted by applicable law, you (a) waive any moral rights you may have in any User Provided Content you submit in favor of Ameristar, even if such User Provided Content is altered or changed in a manner not agreeable to you and (b) agree and consent to Ameristar doing, or refraining to do, any act that would otherwise infringe any moral rights you have (to the extent that any moral rights cannot be waived under applicable law). Ameristar is not required to host, display, or distribute, and may remove at any time, any User Content. Ameristar reserves the right to change the format, sizing, and any other display specifications of the User Provided Content as it sees fit. 

 

Acceptable use policy 

 

You are solely responsible for the User Provided Content that you submit, through or in connection with the Sites, and any User Provided Content to other users and for your interactions with other users. When you contribute, upload, or otherwise provide User Provided Content via the Sites, you agree to comply with the following community usage rules (“Community Usage Rules”). In addition to removing such prohibited information and/or materials, Ameristar may terminate your account, and/or report such activities to law enforcement authorities, as appropriate. 

 

Prohibited User Provided Content and/or actions include, but are not limited to, information and/or material you submit, upload to, distribute, create, or otherwise publish through the Sites that Ameristar determines may: 

 

(a) Contain unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, abusive, offensive, threatening, harassing, harmful, violent, hateful, inflammatory, invasive of privacy or publicity rights, or is otherwise objectionable; 

 

(b) Promote violence or discrimination based on race, sex, religion, nationality, ethnicity, gender, age, sexual orientation, physical or mental disability, or may otherwise humiliate others; 

 

(c) Infringe, violate, or attempt to violate any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any person, including rights of privacy and publicity; 

 

(d) Constitute, encourage or give rise to any civil or criminal liability under applicable local, state, national or international laws, regulations, ordinances, or practices having the force of law, or otherwise conflict with these Terms of Use or our Privacy Policy; 

 

(e) Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses; 

 

(f) Contain charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam”, or “junk mail” (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email), or offering or disseminating fraudulent goods, services, schemes or promotions; 

 

(g) Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; 

 

(h) Be likely to deceive Ameristar or anyone else including, but not limited to, schemes that involve commercial activities and/or sales without prior written consent from Ameristar such as contests, sweepstakes, barter, advertising, or pyramid schemes; 

 

(i) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy Ameristar or anyone else; 

 

(j) Impersonate any person or entity, or misrepresent your identity, affiliation with, or endorsement by, any person or organization including, but not limited to, using a false e-mail address, or otherwise mislead as to the origin of your submissions;  

 

(k) Create a privacy or security risk to any person, including by soliciting personal information from any person, or contain any confidential, sensitive, private, or personally identifiable information;  

 

(l) Attempt to solicit money from any person;  

 

(m) Contain financial, legal, medical, or other professional advice;  

 

(n) Reflect negatively on Ameristar, including Ameristar’s goodwill, name, and reputation;  

 

(o) Tamper with, hinder the operation of, or make unauthorized modifications to the Sites; or 

 

(p) Otherwise result in civil or criminal liability for you, Ameristar, or any third party. 

 

Monitoring and enforcement 

 

Ameristar has the right, but accepts no obligation, to restrict or monitor User Provided Content in any way. In its sole discretion, Ameristar may remove or disable access to any User Provided Content from the Sites, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Provided Content that violates these Terms of Use or any community or content guidelines we may publish or that we consider to be objectionable for any reason. You further acknowledge and agree that, to the fullest extent permitted by applicable law, Ameristar will not have any obligation to you with regard to User Provided Content and that Ameristar may or may not monitor, display or accept your User Content and may delete it at any time.  

 

By using the Sites, you understand and acknowledge that we do not regularly monitor the accuracy, reliability, or quality of User Provided Content.  We do not undertake to review material before it is posted on the Sites, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Ameristar shall not be liable for any action or inaction regarding transmissions, communications, or content provided by any user or third party, and that Ameristar shall not be liable or responsible to anyone for performance or nonperformance of the activities described in this section. 

 

Any opinions, advice, statements, services, offers, or other information or User Provided Content expressed or made available by third parties, including other users, are those of the respective third parties and not of us.  We do not endorse and are not responsible for the accuracy, reliability, or quality of any opinion, advice, information, or statement within the User Provided Content. You further agree that you must evaluate, and bear all risks associated with, the User Provided Content, including any reliance on the accuracy, completeness, or usefulness of such User Provided Content. You understand that under no circumstances will Ameristar be liable in any way for any User Provided Content, including, but not limited to, for any errors or omissions in any User Provided Content, or for any loss or damage of any kind incurred as a result of the use of any User Provided Content posted, emailed, or otherwise transmitted on or through the Sites. 

 

Ameristar has the right, but accepts no obligation, to: 

 

• Remove or refuse to post any User Provided Content for any or no reason in our sole discretion; 

 

• Take any action with respect to any User Provided Content that we deem necessary or appropriate in our sole and reasonable discretion, including if we believe that such User Provided Content violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public, or could create liability for Ameristar; 

 

• Monitor or enforce your intellectual property rights to your User Provided Content but has the right to protect and enforce Ameristar’s and its licensor’s rights to your User Provided Content; 

 

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; 

 

• Detect, prevent, or otherwise address fraud, security, or technical issues;  

 

• Terminate or suspend your access to all or part of the Sites at any time, with or without notice, for any or no reason, including, without limitation, for any violation of these Terms of Use; 

 

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites; 

 

• Enforce the Terms of Use, including investigation of potential violations hereof;  

 

• Without limiting the foregoing, we have the right to access, read, preserve, and disclose User Provided Content and any other information collected through the Sites that Ameristar reasonably believes is necessary to comply with any court order, law, subpoena, or legal process, including to respond to any government, regulatory or law enforcement request.  

 

YOU WAIVE AND HOLD HARMLESS AMERISTAR AND OUR LICENSORS, LICENSEES, VENDORS, SUPPLIERS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AMERISTAR AND/OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. 

 

Communications with Ameristar 

 

By agreeing to these Terms of Use, you expressly consent to and authorize Ameristar and its third-party representatives to use written, electronic, or verbal means to contact you for any reason, including regarding information about the Sites and any other materials, information, products and services software and programs, use or obtained, along with all reminders, confirmations, and marketing of any kind, including offers, solicitations, and promotions. This express written consent includes but is not limited to contact by manual calling methods, pre-recorded or artificial voice messages, WhatsApp, emails, texts, push notices, and/or automatic telephone dialing systems or chatbots. You further agree that Ameristar and its third-party representatives may, now or in the future, use any email addresses or telephone number(s) you provided to Ameristar to contact you for any reason, regardless of whether you incur charges as a result.  

 

IF YOU WISH TO OPT OUT OF RECEIVING MARKETING AND/OR PROMOTIONAL NOTICES FROM EMAILS, TEXTS, OR OTHER COMMUNICATION METHODS, YOU MAY EITHER UNSUBSCRIBE FROM SUCH LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL NOTICE ITSELF OR BY CONTACTING US AS DESCRIBED IN THE PRIVACY POLICY CONTACT INFORMATION SECTION AND REQUESTING YOUR REMOVAL FROM THESE MARKETING AND/OR PROMOTIONAL NOTICES. FOR PURPOSES OF CLARITY, MANY MESSAGES BETWEEN YOU, AMERISTAR AND/OR OUR THIRD-PARTY REPRESENTATIVES ARE TRANSACTIONAL MESSAGES, NOT MARKETING OR PROMOTIONAL NOTICES.  YOU EXPRESSLY AGREE THAT FOR THESE TYPES OF MESSAGES SUCH CONSENT MAY NOT BE REVOKED AT ANY TIME, WHICH INCLUDES, WITHOUT LIMITATION, TIMES WHEN AMERISTAR MUST CONTACT YOU IN CONNECTION WITH YOUR ACCOUNT, PRODUCTS AND SERVICES YOU MAY HAVE ORDERED, AND WHEN WE SUSPECT FRAUD, UNLAWFUL ACTIVITY ON YOUR ACCOUNT, OR OTHERWISE. 

 

Website security; data security and protection 

 

Website Security 

 

Ameristar monitors the usage of the Sites. Violating the security of the Sites is prohibited and may result in criminal and civil liability. Ameristar may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. You are prohibited from violating, or attempting to violate, the security of the Site including, without limitation:  

 

• Unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Sites or of any system or network or breach or authentication measures;  

 

• Unauthorized monitoring of data or traffic; 

 

• Interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system; 

 

• Forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous re-mailers, and  

 

• Using manual or electronic means to avoid any use limitations. 

 

• Placing any software, code, or communication, such as cookies, spyware, robots or viruses, or other malicious or technologically harmful material, on the Sites; 

 

• Logging into or attempting to log into a server or account that you are not authorized to access and/or accessing data or taking any action to obtain services not intended for your use;  

 

• Transmitting Materials that contain Harmful Elements; and/or 

 

• Uploading files that contain software or any other materials in breach of any intellectual property right or in breach of confidentiality restrictions.  

 

You represent and warrant that you will not attempt any of the foregoing or Ameristar may prevent or restrict access to the Sites or Site Content and could result in criminal and civil liability. 

 

Data Security and Protection 

 

While Ameristar takes reasonable and appropriate precautions to protect its customers and to prevent possible security breaches on the Sites, no website, internet transmission, computer system or wireless connection is completely secure. Consequently, NAN cannot guarantee that unauthorized access, hacking, data loss or other breaches will never occur.  

 

Moreover, you represent and warrant that you individually and, if applicable, as a representative of your company, have a program of administrative, technical, and physical safeguards in place designed to (a) ensure the security and confidentiality of User Data and Customer Information, (b) protect against unauthorized access to or use of such User Data and Customer Information, (c) protect against threats or hazards to the security or integrity of such User Data and Customer Information; and (d) screen for viruses and other malicious code. 

 

 

 

 

Subscription Based Content 

 

Ameristar may offer Products and Services to you on the Sites, now or in the future, conditioned on your payment of subscription fees. If you elect to purchase subscription-based Products and Services and/or content and transmit to Ameristar a request for such Products and Services, you warrant that all information that you submit is true and accurate (including, without limitation, your credit card number and expiration date), and you further agree to pay all subscription fees that you incur. Like all online publications, those accessed on or through the Sites may be temporarily unavailable from time to time due to required maintenance, failures, telecommunications interruptions, or other disruptions. Although Ameristar makes reasonable efforts to minimize such downtime, Ameristar does not guarantee 100% availability or “up-time” of the Sites. If you wish to cancel your subscription for any reason, you may do so through the appropriate section of the Sites, but there shall be no refunds of subscription fees previously paid. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others including, without limitation, your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and additional charges based on unauthorized use. 

 

Internet Delays 

 

The Sites may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications.  Except as otherwise required by applicable law, Ameristar is not responsible for any delays, delivery failures, damage, loss, injury, or other economic damage resulting from such problems. 

 

Hyperlinks 

 

Links to the Sites 

 

You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and permission to link to the Sites on which these Terms of Use are posted; provided however, that any link to the Sites: 

 

• Must not portray Ameristar and its licensors nor any of their respective Products and Services in a false, misleading, derogatory, or otherwise defamatory manner; 

 

• Must not frame or create a browser or border environment around any of the content on such websites or otherwise mirror any part of such websites;  

 

• Must not imply that Ameristar or the Sites are endorsing or sponsoring any third-party or its products or services, unless Ameristar has given the third-party prior written consent;  

 

• Must not contain content that could be construed as distasteful, offensive, or controversial or otherwise objectionable; and  

 

• Must not use any Ameristar trademarks without our prior written consent;  

 

• Must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms of Use.  

 

By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms of Use, Ameristar reserves the right to prohibit linking to the Sites for any reason in our sole and absolute discretion. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Ameristar or any third party. 

 

Third-Party Links 

 

The Sites may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”), and advertisements, including banner advertisements and sponsored links (“Third-Party Advertisements”) (collectively, “Third-Party Links”). When you click or tap on Third-Party Links, Ameristar may not warn you that you have left the Sites and may not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination.  

 

Third-Party Links are not maintained or controlled by Ameristar do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such destination, or any representation regarding the content at such Third-Party Links.  

 

Ameristar assumes no responsibility for the content, services, products, functionality, representations, privacy policies, or practices of any Third-Party Links, or any damage or loss caused or alleged to be caused by or in connection with use of or reliance on Third-Party Links that are linked to the Sites.  

 

Ameristar provides links to these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Links or their products or services.  

 

Ameristar is not responsible for any Third-Party Links, and you understand and agree that your use of all Third-Party Links is entirely at your own risk.  

 

We strongly advise that you should review applicable terms and policies, including privacy and data gathering practices, of all Third-Party Links, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. 

 

YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH SUCH THIRD PARTIES FOUND THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY. 

 

Disclaimers; limitation of liability; and indemnity 

 

DISCLAIMERS 

 

YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES. ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOUR USE OF THE SITES AND ANY OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES, SOFTWARE AND PROGRAMS USED OR OBTAINED IS AT YOUR SOLE RISK. 

 

ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND ANY OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES, SOFTWARE AND PROGRAMS USED OR OBTAINED ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, OR ASSURANCES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, FITNESS FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALING, OR USAGE OF TRADE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  

 

NEITHER AMERISTAR NOR AMERISTAR INDEMNIFIED PARTIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THE SITES WARRANT THAT THE FUNCTIONS OF THE SITES WILL BE UNINTERRUPTED, SECURE, OR AVAILABLE OR THAT THE SITES ARE FREE OF ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT POLICIES, PROCEDURES AND CHECKPOINTS TO SATISFY YOUR SPECIFIC REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITES FOR ANY RECONSTRUCTION OF ANY LOST DATA. 

 

IN ADDITION, AMERISTAR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SITES WILL BE COMPATIBLE WITH ALL BROWSERS, OPERATING SYSTEMS, HARDWARE, AND SOFTWARE, OR THAT THE SITES WILL MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS. WE DO NOT MAKE ANY REPRESENATION, WARRANTY OR GUARANTEE WITH RESPECT TO THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, USEFULNESS, SECURITY, RELIABILITY, TIMELINESS OR AVAILABILITY OF THE SITES OR ANY MATERIALS, INFORMATION, PRODUCTS AND SERVICES, SOFTWARE AND PROGRAMS USED OR OBTAINED. ALL STATEMENTS AND/OR OPINIONS, OTHER THAN CONTENT PROVIDED BY AMERISTAR, ARE SOLELY THE OPINIONS AND RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING THOSE MATERIALS.  THE MATERIALS, INFORMATION, PRODUCTS AND SERVICES, SOFTWARE AND PROGRAMS DO NOT NECESSARILY REFLECT THE OPINIONS OF AMERISTAR AND WE ACCEPT NO REPSONSIBILITY FOR ENSURING THEIR ACCURACY. AMERISTAR DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF VENDORS, SUPPLIERS, OR THIRD-PARTY PROVIDERS.  YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITES AND ANY OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES, SOFTWARE AND PROGRAMS USED OR OBTAINED AND ANY SERVICE REQUESTED OR OBTAINED FROM VENDORS, SUPPLIERS OR THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. ANY FEATURE, PROCESS, POLICY, STANDARD OR OTHER EFFORT UNDERTAKEN BY AMERISTAR IS NOT AN INDICATION OF ANY EMPLOYMENT OR AGENCY RELATIONSHIP WITH ANY USER. 

 

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY AND IRREVOCABLY WAIVE ANY IMPLIED WARRANTIES OR SIMILAR PROTECTIONS UNDER STATUTE THAT MIGHT BE CLAIMED TO APPLY TO ANY PART OF THE SITES, OUR PRODUCTS AND SERVICES AND ALL VENDORS, SUPPLIERS AND/OR THIRD-PARTY PROVIDERS THAT MAY BE ASSOCIATED, DIRECTLY OR INDIRECTLY, WITH AMERISTAR.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO ONE OR MORE OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

 

LIMITATION OF LIABILITY 

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMERISTAR OR AMERISTAR INDEMNIFIED PARTIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ECONOMIC DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR OPPORTUNITIES, DELETION, CORRUPTION OR LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED, SERVICE INTERRUPTIONS OR THE COST OF PROCUREMENT OF SUBSITUTE SERVICE, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, PERSONAL INJURY, EMOTIONAL DISTRESS DAMAGES (INCLUDING PAIN AND SUFFERING), AND PROPERTY DAMAGE, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITES AND ANY OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES, SOFTWARE AND PROGRAMS USED OR OBTAINED; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITES; (iii) ANY USE OR RELIANCE UPON INFORMATION OR CONTENT FOUND OR ADVERTISED IN OR OBTAINED THROUGH THE SITES, OR PROVIDED BY US, OR ANY PRODUCT OR SERVICE DESCRIBED OR PROVIDED AT THE SITES OR THROUGH ANY OTHER MEDIUM, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND US OR MATERIAL YOU POST, OR THE DELAY OR INABILITY TO USE THE SITES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF AMERISTAR, WHETHER OR NOT WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM ANY DATA BREACH, CYBERATTACK, SYSTEMS SECURITY BREACH OR DIGITAL INFILTRATION OF OR AGAINST AMERISTAR, ITS VENDORS OR SUPPLIERS, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

 

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT AMERISTAR OR AMERISTAR INDEMNIFIED PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITES.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATON OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, BY ACCESSING THE SITES AND ANY OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES, SOFTWARE AND PROGRAMS USED OR OBTAINED, YOU FULLY UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, PROVINCE, OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” 

 

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES AND ANY OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES, SOFTWARE AND PROGRAMS USED OR OBTAINED, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND ANY OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES, SOFTWARE AND PROGRAMS USED OR OBTAINED. 

 

NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS OF USE AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND AMERISTAR FURTHER AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER, AS OUTLINED HEREIN. TO THE EXTENT THAT AMERISTAR MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMITS ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF AMERISTAR’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW, AND OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR TO YOUR USE OF THE SITES OR INFORMATION WE SUPPLY YOU (INCLUDING WITHOUT LIMITATION WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED FIFTY US DOLLARS ($50.00 USD). THE TOTAL AMOUNT PAID BY YOU TO AMERISTAR FOR ALL AMERISTAR PRODUCT(S) AND SERVICE(S) GIVING RISE TO THE CLAIM UNDER THESE TERMS DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO LIABILITY, OR FIFTY US DOLLARS ($50.00 USD), WHICHEVER IS GREATER. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE FOREGOING, THIS SECTION SHALL (I) APPLY ONLY TO THE EXTENT PERMITTED BY PRODUCT LIABILITY LAW; AND (II) SHALL NOT APPLY IN THE EVENT THAT PERSONAL INJURY OR DEATH HAVE BEEN CAUSED INTENTIONALLY BY AMERISTAR OR BY AMERISTAR’S GROSS NEGLIGENCE. THIS PROVISION SHALL HAVE NO EFFECT ON AMERISTAR’S CHOICE OF LAW PROVISION SET FORTH HEREIN. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

 

INDEMNITY 

 

To the fullest extent permitted by applicable law, you agree to indemnify, protect, defend and hold harmless Ameristar Information Network, LLC., together with its parent, its past, existing, and future direct and indirect subsidiaries and affiliates, its successors and assigns, licensee and licensors, along with its respective officers, directors, employees, partners, advertisers, agents, representatives, attorneys, and advisors (“Ameristar Indemnified Parties”) from and against any and all claims, suits, demands and assessments, cause of action, judgments, obligations, losses, liabilities, costs or debt, damages, and expenses including, but not limited to interest, penalties, reasonable attorney’s fees, expenses, and disbursements incurred by Ameristar and/or Ameristar Indemnified Parties related to, in connection with, resulting from, or otherwise arising out of:  

 

(a) your use and access to the Sites and any other materials, information, products and services, software and programs, used or obtained;  

 

(b) the actions of any persons, authorized or unauthorized, who gained access to the Sites through your Credentials; 

 

(c) your breach of these Terms of Use or of our Privacy Policy or the inaccuracy of any of your covenants, agreements, representations, or warranties under these Terms of Use or in the documents they incorporate by reference (including, but not limited to, our Privacy Policy);  

 

(d) your contributions, trademarks, other source identifiers, or User Provided Content posted on the Sites; and  

 

(e) any allegation that any materials or User Provided Content that you submit to us, whether through the Sites, or otherwise, infringes, misappropriates, or otherwise violates the copyright, trademark, trade secret or other intellectual property or any other rights of any third party. 

 

This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. You will not, without Ameristar’s prior written consent, agree to any settlement on behalf of any Indemnified Party which includes either the obligation to pay any monetary amounts, or any admissions of liability, whether civil or criminal, on the part of any Indemnified Party. 

 

 

 

 

 

 

 

 

Dispute resolution; arbitration agreement;  

Class action waiver 

 

Waiver of Notices 

 

To the extent permitted by law, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your account. For example, if you deposit a check and it is returned unpaid or we receive a notice of nonpayment, we do not have to notify you unless required by state or federal law.  

Arbitration Agreement 

You agree that if a dispute, claim, or controversy of any kind arises out of or relates to in any way to the subject matter of these Terms of Use, to your access or use of the Sites or our Products and Services, to any advertising or marketing communications regarding Ameristar or the Sites, or to any Products or Services sold or distributed through the Sites or any other delivery mechanism that you ordered and/or received our Products and Services, or to any aspect of your relationship or transactions with Ameristar as a user of the Sites or our Products and Services (this includes, without limitation, any contract claim, tort claim, statutory claim, or claim for unfair competition), then either you or Ameristar can request to have that dispute resolved by binding arbitration. This arbitration provision limits your ability to litigate claims in court and your right to a jury trial. You should review this section carefully. You will not have the right to participate as a class representative or member of any class of claimants for any claim subject to arbitration. Arbitration is a more informal proceeding in which disputes are decided by one or more neutral arbitrators who issue a binding ruling in the form of an award. You and Ameristar understand that discovery and other procedures in arbitration may be more limited than discovery in court proceedings and that the ability to modify, vacate, or appeal an award by an arbitrator(s) is strictly limited. You and Ameristar agree, upon written demand made by you or the Ameristar, to submit to binding arbitration all disputes, controversies, and claims, whether based on contract, fraud, tort, intentional tort, statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate in any way to the subject matter of these Terms of Use, to your access or use of the Sites or our Products and Services, to any advertising or marketing communications regarding Ameristar or the Sites, or to any Products or Services sold or distributed through the Sites or any other delivery mechanism that you ordered and/or received our Products and Services, or to any aspect of your relationship or transactions with Ameristar as a user of the Sites or our Products and Services (this includes, without limitation, any contract claim, tort claim, statutory claim, or claim for unfair competition) or  the validity, interpretation, scope or enforceability of these Terms of Use or the interpretation or scope of this Arbitration section (collectively, a “Claim”). Arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with the AAA Rules (“Rules”) by a single arbitrator. You agree that this arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision. The demand for arbitration may be made before or after commencement of any litigation.  Demand for arbitration must be made before the date when any judicial action upon the same Claim would be barred under any applicable statute of limitations; otherwise, the Claim also is barred in arbitration. Any dispute as to whether any statute of limitations, estoppel, waiver, laches, or similar other doctrine bars the arbitration of any Claim shall be decided by arbitration in accordance with the provisions of this Agreement. The decision of the arbitrator is not reviewable.  

General 

 

The terms, conditions, notices, and policies outlined below further govern your access or use of the Sites and our Products and Services, as follows: 

 

Entire Agreement 

 

This Terms of Use (and, if applicable, together with your Pricing Schedule, Statement of Work, and any extensions or renewals thereof), constitute the final, complete, and entire understanding and agreement of the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or understandings, inducements, conditions, representations, and warranties, express or implied, written or oral, between the Parties. The most current Terms of Use shall be used in the event of any inconsistencies. This “Entire Agreement” section shall survive any expiration or termination of your relationship with Ameristar. 

 

Notwithstanding the foregoing or anything contrary herein, nothing in these Terms of Use shall supersede, amend, or modify the terms of any separate, written agreement(s) between you and Ameristar relating to (i) your status as a client, including, without limitation, a master services agreement; (ii) your work as an employee, including, without limitation, an employment agreement, and/or (iii) your designation as a vendor/independent contractor, including, without limitation, a vendor services agreement. 

 

Waiver 

 

The failure of Ameristar at any time to require performance of you of any provision of this Terms of Use will in no way affect our right thereafter to require performance of you of such provision, nor will such failure be held to be a waiver of any succeeding breach of such provision or a waiver of such provision itself. 

 

Transfer and Assignment  

 

These Terms of Use and Agreement, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by Ameristar, without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. 

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No Third-Party Beneficiaries 

 

The Parties do not confer any rights or remedies upon any person or entity other than the Parties to these Terms of Use.  

 

Relationship of the Parties 

 

Ameristar is an independent contractor, and nothing in this Terms of Use shall be deemed to create an agency, sub-agency, joint venture, amalgamation, partnership, employer/employee, or similar relationship between you and Ameristar.   

 

Severability 

 

If any court of competent jurisdiction finds any one or more of the provisions contained in these Terms of Use to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision of these Terms of Use.  These Terms of Use will be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 

 

Remedies Cumulative 

 

Any and all rights and remedies which Ameristar may have under this Terms of Use, at law or in equity, shall be cumulative and shall not be deemed inconsistent with each other, and any two or more of all such rights and remedies may be exercised at the same time insofar as permitted by law. 

 

Headings 

 

The section headings contained herein are for ease of reference and convenience only and shall not affect the construction or interpretation of any of its provisions. 

 

Governing Law; Jurisdiction; Venue; and Consent   

 

(a) To the extent the Parties are permitted under these Terms of Use to initiate litigation in a court, both you and Ameristar agree that all claims and disputes arising out of or relating in any way to the subject matter of these Terms of Use, to your access or use of the Sites or our Products and Services, to any advertising or marketing communications regarding Ameristar or the Sites, or to any Products or Services sold or distributed through the Sites or any other delivery mechanism that you ordered and/or received our Products and Services, or to any aspect of your relationship or transactions with Ameristar as a user of the Sites or our Products and Services (this includes, without limitation, any contract claim, tort claim, statutory claim, or claim for unfair competition), will be litigated exclusively in the federal and state district courts located in Tarrant County, Texas. This jurisdiction consent includes any circumstance where the agreement to binding Arbitration and Class Action Waiver requires the Parties to litigate in court. 

 

(b) Choice of Law. Without giving effect to any principles that provide for the application of the law of any other jurisdiction, these Terms of Use and Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without reference to the principles of conflicts of law that would apply the substantive laws of another jurisdiction, and shall be adjudicated exclusively in the federal and state district courts located in Tarrant County, Texas.  

 

(c) Consent. Parties hereby consent to the personal jurisdiction of the federal and state district courts located in Tarrant County, Texas, for the adjudication of all matters relating hereto or arising hereunder and shall accept as due and binding service of legal process there for service by receipted mail directed to the respective address provided for herein for notice purposes. Parties waive the right to object to such venue or make a claim of forum non conveniens. Notwithstanding anything herein to the contrary, each party shall be entitled to seek injunctive or equitable relief whenever the circumstances permit such party to seek such equitable relief in a court of competent jurisdiction. You must bring any cause of action arising out of, or in connection with, these Terms of Use within one year of when the alleged breach occurred. 

 

TEXAS COURTS ARE THE EXCLUSIVE FORUM FOR RESOLVING ANY DISPUTES ARISING FROM THIS TERMS OF USE AND AGREEMENT, AND THE PARTIES SUBMIT THEMSELVES TO THE PERSONAL JURISDICTION OF THE TEXAS COURTS. 

 

Incorporation of Disclaimers 

 

These Terms of Use incorporates all disclaimers and notices appearing on any portion of the Sites and all such disclaimers and notices may be augmented, modified, or removed and/or additional disclaimers or notices added by Ameristar without further notice to you. 

 

​​​​​​Survival 

 

Any provision herein that contemplates performance or observance subsequent to any expiration or termination of these Terms of Use, or which is otherwise necessary to interpret the respective rights and obligations of the Parties hereunder, shall survive any expiration or termination of the Terms of Use and shall continue in full force and effect. 

 

Termination 

 

You agree that Ameristar may, at any time and at our sole discretion, terminate or suspend your account immediately, without prior notice or liability, for any reason. Upon termination, your right to use the Sites will immediately cease. If your access to the Sites is terminated or suspended, you may no longer have access to the copies of material or other information that may be available to you through the Sites. Ameristar shall not be liable to you or any third-party for any termination of your access to the Sites. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of service may be referred to appropriate law enforcement authorities.  

 

All provisions of these Terms of Use shall survive termination including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, indemnity, and arbitration provisions. 

 

 

 

Terms of use contact information  

 

Should you have any questions or comments about our Terms of Use, please contact us with your specific request or question, as follows: 

 

   > By Email:  dataprivacy@ameristarusa.com  

 

> By Mail:  Ameristar, ATTN: Terms of Use Request, PO Box 94049, Southlake, TX 76092. 

 

Related Policies and Terms 

 

In addition to these Terms of Use, Ameristar has adopted a Privacy Policy, Cookie Policy, and an Accessibility Statement that, collectively, govern your access to, and use of, the Sites and our Products and Services. Notwithstanding the foregoing, the terms, conditions notices included on the Sites do not alter in any way the terms or conditions of any other agreement you may have, if any, with Ameristar, including, without limitation, products and services agreements, vendor, or supplier agreements, or otherwise.  

 

Acknowledgement 

 

Please carefully read these Terms of Use, as they affect your legal rights and obligations. The practices described herein are subject to the laws in the places in which we operate. 

 

Acceptance and Consent 

 

As a condition of accessing or using the Sites or any other channels where these Terms of Use are posted, you acknowledge and agree that you have read and understand the Terms of Use and that the Terms of Use are a legally binding contract between you and Ameristar governing your use of the Sites. You further agree to be bound by any rules and policies published on the Sites. By accessing or using the Sites, you also certify that you are at least 18 years of age, reside in the United States, and that, if you are acting on behalf of another person, you are authorized to do so. The information and materials contained in the Sites are for marketing and information purposes only and are not intended to be a complete disclosure about Ameristar and its business, products, or services.  

 

IMPORTANT: PLEASE BE ADVISED THAT THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN HOW ANY AND ALL CLAIMS BETWEEN YOU AND AMERISTAR CAN BE BROUGHT. THESE TERMS OF USE OUTLINE HOW ALL SUCH CLAIMS ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS OF USE.  

 

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS OF USE AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. IF YOU DO NOT AGREE WITH THE PROVISIONS OUTLINING HOW YOU CAN BRING CLAIMS BETWEEN YOU AND AMERISTAR, INCLUDING THE ARBITRATION AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITES.  THE SITES ARE INTENDED FOR USE ONLY IN THE UNITED STATES BY LAWFUL RESIDENTS OR CITIZENS OF THE UNITED STATES.  ALL OTHER USE IS PROHIBITED. 

 

BY ACCESSING AND/OR USING THE SITES AND/OR OUR PRODUCTS AND SERVICES, OR BY COMMUNICATING WITH US IN ANY MANNER, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITES.