Terms of Use

Last updated: August 1, 2020

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

ACCEPTANCE OF THESE TERMS

This Terms of Use Agreement ("Terms") governs your access to, use of, and participation in the Platform made available by Astronova ("Astronova," "we," "our," or "us"). PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.

All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity.

MODIFICATIONS

We reserve the right, in our sole discretion, to modify these Terms at any time and without prior notice. Your use of our services after the modification shall constitute your consent to the changes.

ADDITIONAL TERMS AND POLICIES

Please review our Privacy Policy, incorporated herein by reference, for information and notices concerning our collection and use of your information. Certain areas of and/or products on the Platform may have different terms and conditions posted or may require you to agree with additional terms and conditions.

KEY TERMS

"Content" means text, graphics, images, music, software, audio, video, information or other materials, including profile information, astrological information, scheduling and calendar information, and other materials available on or through the Platform.

"Member" means a person or entity who submits or receives a request through us, including content and other Services provided by the Platform.

"Platform" means all our websites, mobile or other applications, software, processes and any other services provided by or through us.

"Services" means the services listed, quoted, scheduled, offered or provided through the Platform.

ELIGIBILITY TO USE THE PLATFORM

Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible.

YOUR LICENSE TO USE THE PLATFORM

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Content solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. The Platform and Content are provided to you AS IS.

PROHIBITIONS

As a user of the Platform, you may not:

Copy copyrighted text or otherwise misappropriate Platform information or Content;
Transmit more request messages through the Platform in a given period of time than a human can reasonably produce using a conventional online web browser;
Take any action that may unreasonably encumber the Platform's infrastructure, interfere with the proper working of the Platform, bypass security measures, distribute viruses, use the Platform in a way that violates any third-party rights, or circumvent fee structures;
Violate any policies that govern your use of the Platform; or
Take any action that may undermine the efficacy or accuracy of reviews or ratings systems.

THE COMPANY'S FEES AND TAXES

You agree to pay all applicable fees or charges based on the fee and billing terms then in effect. If you do not pay on time, we reserve all rights permissible under law to recover payment, including reasonable attorneys' fees. If any fee is not paid in a timely manner, we reserve the right to terminate or suspend your service.

Taxes

Payments required by these Terms may be stated exclusive of all taxes, duties, levies, or similar governmental assessments. Certain jurisdictions may require us to collect taxes from you in connection with the purchase of, payment for, access to, or use of the Services. You shall be responsible for taxes associated with your use of the Services.

PROMOTIONS

You may receive certain offers from us ("Promotions"), including discounted or free use of the Services for a limited period. Any Promotions are offered at our discretion, and may be revoked at any time and for any reason.

INTELLECTUAL PROPERTY RIGHTS

Our Content and Services are protected by copyright, trademark, and other laws. Except as expressly provided in these Terms, we exclusively own all right, title, and interest in and to the Platform and our Content, including all associated intellectual property rights.

FEEDBACK

By sending us any feedback, comments, questions, or suggestions you represent and warrant that you have the right to disclose the Feedback and that it does not violate the rights of any other person or entity. By sending us Feedback, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.

COPYRIGHT POLICY

We expect users to respect copyright law. In appropriate circumstances we will terminate the services of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders.

SANCTIONS FOR VIOLATIONS OF THESE TERMS

Without limiting any other rights reserved herein, we may, in our sole discretion, take any action permitted by law for any violation of these Terms, including limiting your access to services, blocking access to services, or cooperating with law enforcement agencies in investigation or prosecution.

REFUND AND EXCHANGE POLICY

There are absolutely no refunds or exchanges after the completion of the purchase of Services.

ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Astronova agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section governs any and all disputes between us, including claims arising out of or relating to any aspect of the relationship between us.

Initial Dispute Resolution

Most disputes can be resolved without resort to litigation. You can reach our support department at info@astronova.io. The parties agree to use their best efforts to settle any dispute directly through consultation, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration

If the parties do not reach an agreed-upon solution within thirty (30) days from the time informal dispute resolution is initiated, then either party may initiate binding arbitration as the sole means to resolve claims. All claims arising out of or relating to these Terms, the parties' relationship with each other, and/or your use of the Platform shall be finally settled by binding arbitration.

Class Action Waiver

The parties agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action. YOU AND ASTRONOVA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Exception: Litigation of Intellectual Property and Small Claims Court Claims

Either party may bring enforcement actions or validity determinations relating to intellectual property rights in state or federal court. Either party may also seek relief in a small claims court for disputes within the scope of that court's jurisdiction.

Survival

This Arbitration and Class Action Waiver section shall survive any termination of your account or the Platform.

GOVERNING LAW

The Terms and the relationship between you and Astronova shall be governed in all respects by the laws of the State of Florida, without regard to its conflict of law provisions. You agree that any claim or dispute not subject to arbitration must be resolved by a court located in Broward County, Florida.

DISCLAIMERS

YOUR USE OF THE PLATFORM, SERVICES, OR CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY THAT THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICES REMAINS WITH YOU. NEITHER ASTRONOVA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, SERVICE INTERRUPTION, OR COMPUTER DAMAGE.

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF ASTRONOVA ARISING FROM OR RELATING TO THE TERMS, PLATFORM, SERVICES, AND/OR CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO US BY YOU, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE.

INDEMNIFICATION AND RELEASE

You agree to release, defend, indemnify, and hold Astronova and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms or your use of the Services.

GENERAL

No Third-Party Beneficiaries

Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by us on the Platform, shall constitute the entire agreement between you and Astronova concerning the Platform or Services.

Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term.

Statute of Limitations

Any claim arising out of or related to the Platform or the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Contact Information

If you have any questions about these Terms, please contact us at info@astronova.io.