Terms and Conditions of Use

  1. Acceptance of Terms and Conditions of Use

    1.1 READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE

    Ameristar, its past, current and future subsidiaries, affiliates and/or parent companies (collectively, "Ameristar") provide this website to you, your employees, agents, contractors and any other entity on whose behalf you accept these terms (collectively, "You"), subject to these Terms and Conditions of Use. The Website is for informational purposes only. These Terms and Conditions of Use set forth in this document, along with all changes to this document that Ameristar may publish, from time to time (collectively, the "Terms of Use"), are entered into by and between Ameristar and You, and You accept them, without limitation or qualification, by: (i) placing an order on or through the Website; (ii) using the Website in any other manner; (iii) purchasing any products or services from Ameristar, regardless of the medium used to make the purchase; and/or (iv) acknowledging agreement with the Terms of Use. The Terms of Use constitute a contract between Ameristar and You and are governed by the laws of the State of Texas.

    IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

    1.2 The website ("Website") includes, without limitation: (i) materials such as editorial, technical, contractual, product, program, pricing, marketing, and other valuable information (collectively, the "Materials"); and (ii) content such as designs, documents, files, data, text, software, music, sound, photographs, illustrations, artwork, graphics, video, short features, games, messages, communications, names, logos, icons, code or other related data (collectively, the "Content"); and (iii) all products and services operated and made available by Ameristar and/or third parties through the Website along with all Services purchased at any time, by any medium, from Ameristar (collectively, the "Services"); and (iv) all other online information or services accessible via the Website (collectively, the "Other Information"). Ameristar may operate the Website from various locations and makes no representation that the Website is appropriate or available for use in all locations. Ameristar Services may not be available in Your location, and deliverables may vary among locations. If You are using the Website on behalf of Your employer, You represent and warrant that You are authorized to accept the Terms of Use on Your employer's behalf, and that Your employer agrees to indemnify Ameristar and You for violations of the Terms of Use. The Terms of Use shall govern Your use of the Website, the purchase of all Services provided by Ameristar and outlines the relationship between Ameristar and You, except as expressly provided otherwise in a written agreement between Ameristar and You, in which case that separate agreement governs, and in cases of conflict, prevails.

    1.3 INTERNATIONAL VISITORS. The Website can be accessed from countries around the world and may contain references to Services that are not available in Your home country. The references made herein do not imply that Ameristar intends to announce such Services in Your country. The Website is controlled, operated and administered by Ameristar from its offices within the United States of America. Ameristar makes no representation that the Website, or Services made available through the Website, is appropriate or available for use at other locations outside the United States of America and access to the Website from territories where the Website or any of its Services are illegal is prohibited. Those that choose to access the Website from locations other than the United States do so on their own initiative and risk and are responsible for compliance with local laws if, and to the extent, local laws are applicable.

  2. Obligations and Conduct

    2.1 In consideration of Your use of the Website, You agree to: (i) provide accurate, current, and complete information about You as may be prompted by a registration form on the Website or from some other medium (the "Registration Data"); (ii) maintain the security of Your password and identification; (iii) maintain and promptly update the Registration Data, and any information You provide to Ameristar, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to information and Registration Data. You acknowledge that it is Your sole responsibility to adequately protect and backup Your data and/or equipment used in connection with the Website.

    2.2 You are entirely responsible for all Content that You upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that: (i) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Ameristar or other users of the Website; (ii) includes unauthorized disclosure of personal information; (iii) violates or infringes anyone's intellectual property rights; or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Ameristar reserves the right to edit or remove Content that violates the Terms of Use or that contains third-party commercial advertisements.

    2.3 You agree that You will not use the Website to: (i) transmit spam, bulk or unsolicited communications; (ii) misrepresent Yourself or pretend to be Ameristar or someone else, or use someone else's identity; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Website; (iv) misrepresent Your affiliation with a person or entity; (v) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website; (vi) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (vii) collect or store personal data about other users unless specifically authorized by such users.

    2.4 Ameristar may or may not claim, at its sole discretion, ownership of the Content You place on the Website and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, or in Ameristar's Privacy Policy, any Content You provide in connection with the Website shall be deemed to be provided on a non-confidential basis. Ameristar shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and You grant Ameristar an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that You have proper authorization for the worldwide transfer and processing by Ameristar of any information that You may provide on the Website.

    2.5 Ameristar may not routinely monitor Content, however, Ameristar and its designees reserve the right to monitor, restrict access to, edit or remove any Content that is made available via the Website.

  3. Changes and Modifications

    Ameristar reserves the right, at its sole discretion, to make additions, deletions, corrections, improvements, enhancements and/or other modifications (collectively, the "Modifications") at any time to the Website, the Terms of Use, the Privacy Policy along with all other policies, guidelines or rules posted on the Website, including the termination of the Website (in whole or in part), without notice. All Modifications, including those to the Terms of Use, shall be effective upon posting. The continued use of the Website, or any Content, Materials, Services or Other Information accessible through it, after such Modifications have been posted, constitutes Your acceptance of the Modifications. Accordingly, You shall be solely responsible for periodically re-examining the Terms of Use to ensure that You remain apprised of any Modifications. You agree that Ameristar shall not be liable to You or to any third party for any Modifications, suspensions or discontinuances made to the Website. Use of the Website may be monitored, tracked and recorded. Your use of the Website will be subject to the most current version of the Terms of Use posted at the time of such use, which shall be available by clicking on the "Terms of Use" link, at the bottom of the Website. Anyone visiting, using or submitting information to Ameristar represents that they have the capacity to be bound by this Agreement, or, if acting on behalf of a company or other entity, they have the authority to bind such company or entity. If a breach occurs to any of the Terms of Use, Your authorization to use the Website automatically terminates, and any Content, Materials, Services and/or Other Information downloaded or printed from the Website in violation of the Terms of Use must be immediately destroyed. If the Terms of Use are unacceptable at any time, You shall immediately discontinue use of the Website.

  4. Reliance on Information

    The Website, along with the Content, Materials, Services and Other Information incorporated or accessible herein, may include items with typographical errors or inaccuracies. Ameristar does not make any warranty or representation with respect to accuracy, completeness, reliability or suitability of any such information or that the Website will be free of any viruses or other harmful content. Ameristar may, at its sole discretion, make any corrections to the Website and the prices and availability of Services on the Website may change, without notice, at any time. Ameristar reserves the right to refuse or cancel any order(s) placed for Services listed at an incorrect price.

  5. Third-Party Links and Advertisers

    5.1 In an effort to provide You with a valuable Website, Ameristar may, from time to time, provide links or references to sites maintained by third parties ("Third Party Sites"). These links are provided for Your convenience only. Ameristar does not operate or control any of the Third Party Sites, and is not responsible or liable, directly or indirectly, for any information, products, services or other materials on, or available, from them. Ameristar provides these links without warranties or representations of any kind, either express or implied, concerning the content of such Third Party Sites, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Ameristar warrant that such sites are free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Ameristar does not in any way endorse these Third Party Sites, or any products or services described or provided therein and shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Website. If You choose to view these Third Party Sites, You do so at Your own risk and should refer to the policies posted by other sites regarding terms and conditions of use, privacy policies and other topics before viewing these sites. You agree not to create a link from any website, including any website controlled by You, to the Website, without the express and prior written consent of Ameristar.

    5.2 IN NO EVENT WILL AMERISTAR BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES FOR ANY USE OF THIRD PARTY SITES. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOST PROFITS, REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEMS OR OTHERWISE, INCURRED BY YOU OR ANY THIRD PARTY, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, AMERISTAR AND YOU AGREE THAT AMERISTAR'S ENTIRE LIABLITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED ONE HUNRED DOLLARS ($100.00) OR BE THE EXACT COST FOR ALL SERVICES THEN ORDERED AND DELIVERED, WHICHEVER IS LESS.

  6. Confidentiality of Ameristar Information

    6.1 You may obtain access via the Website, or otherwise, to certain confidential information of Ameristar, its clients and/or its vendors, including, without limitation, technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. The title to Confidential Information remains with Ameristar, its clients and/or its vendors. You shall treat such information as strictly confidential, and shall not use, disclose, duplicate, copy, transmit or otherwise disseminate or permit to be used, disclosed, duplicated, copied, transmitted or otherwise disseminated at any time prior to or after the termination of this Agreement such information, except in connection in directly performing for, or on behalf of, Ameristar or as specifically permitted in writing by Ameristar.

    6.2 The Terms of Use impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (i) You possessed prior to Your receipt from Ameristar, without an obligation to maintain its confidentiality; (ii) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms of Use; (iii) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (iv) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (v) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under the Terms of Use and as disclosed after prior notice to Ameristar adequate to afford Ameristar the opportunity to object to the disclosure.

    6.3 Your obligations regarding Confidential Information expire three (3) years after the date of disclosure. Upon termination of the Terms of Use or Ameristar's written request, You must cease use of Confidential Information and return or destroy it.

    6.4 Notwithstanding anything to the contrary, You shall comply with all privacy and data protection laws, rules, and regulations which are, or which may in the future be, applicable to the Services. Without limiting the generality of the foregoing, You agree that (i) You will keep confidential and will not use nor disclose to any other party any nonpublic personal information which You receive from or on behalf of Ameristar in connection with the providing of Services under the Terms of Use, except to perform the Services in accordance with the Terms of Use and (ii) You will not directly initiate charges to any account of any Ameristar client or vendor. For purposes of this provision, the terms "nonpublic personal information" shall have the meanings set forth in Section 509 of the Gramm-Leach Bliley Act (P.L. 106-102) (15 U.S.C. Section 6809) and implementing regulations thereof.

    6.5 This Section shall survive the termination of this Agreement, regardless of the party that terminated the Terms of Use or the reasons therefore.

  7. Indemnification

    You shall defend, indemnify and hold harmless Ameristar, its current and former officers, directors, agents and employees, from and against any and all suits, claims, losses, liabilities, damages, judgments, settlements, costs and expenses, including reasonable attorney fees (collectively "Loss"), whether groundless or otherwise, due to, or arising out of, Your violation of any of the Terms of Use outlined herein, misuse of the Website, the Content, the Materials, the Services and/or Other Information provided by Ameristar or any violation or misappropriation of the rights of any third party. Notwithstanding the foregoing, if You are a Vendor that performs work on behalf of Ameristar, You shall defend, indemnify and hold harmless Ameristar, its current and former officers, directors, agents and employees, from and against any Loss, whether groundless or otherwise, as a direct or indirect result of Your acts or omissions or those of Your officers, directors, agents, employees, subcontractors or others working on Your behalf, in the performance or nonperformance of any of Your obligations hereunder. You agree that in no event shall Ameristar be liable to You for any indirect, special or consequential damages in connection with, or arising out of, this Agreement. This Section shall survive the termination of this Agreement, regardless of the party that terminated the Terms of Use or the reasons therefore.

  8. Termination

    Ameristar may terminate or deny access to passwords, accounts, or to the Website (in whole or in part), along with any related Service(s), at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. Ameristar may, at its sole discretion, delete any archived data after thirty days of termination and deactivate, but not necessarily delete, a user's password or account. The provisions relating to Confidentiality of Ameristar Information, Indemnification, Disclaimer, Limitation of Liability, Trademark, Copyright and the General Terms and Conditions shall survive any termination.

  9. Privacy Policy

    The terms of the Ameristar Privacy Policy Notice are hereby incorporated as part of the Terms of Use. Please review this privacy statement and print a copy for Your records. The Website does not intend to target or collect personal information from individuals under the age of majority.

  10. Disclaimer

    EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND AMERISTAR, THE WEBSITE, AND ALL ITS CONTENT, MATERIALS, SERVICES AND OTHER INFORMATION ON OR ACCESSIBLE THROUGH THE WEBSITE OR PURCHASED FROM AMERISTAR, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THE WARRANTY OF NON-INFRINGEMENT, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SUITABILITY SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THE WEBSITE, ITS CONTENT, THE MATERIALS, THE SERVICES, OTHER INFORMATION OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, OR PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. IN ADDITION, AMERISTAR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON, OR ACCESSIBLE BY, THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, SUITABLE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

    NOTWITHSTANDING THE FOREGOING, AMERISTAR MAKES NO, AND DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES THAT (i) THE CONTENT, MATERIALS, SERVICES AND/OR OTHER INFORMATION WILL MEET YOUR REQUIREMENTS; (ii) THE CONTENT, MATERIALS, SERVICES AND/OR OTHER INFORMATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT, MATERIALS, SERVICES AND/OR OTHER INFORMATION WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY CONTENT, MATERIALS, SERVICES AND/OR OTHER INFORMATION PURCHASED OR ACCESSIBLE BY YOU THROUGH THE WEBSITE, OR ANY OTHER MEDIUM, WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE WEBSITE, OR ANY DEFECTS IN THE WEBSITE, ITS CONTENT, MATERIALS, SERVICES AND/OR OTHER INFORMATION, WILL BE CORRECTED.

    THE WEBSITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. AMERISTAR MAY MAKE CHANGES TO THE WEBSITE, THE CONTENT, MATERIALS, SERVICES AND/OR OTHER INFORMATION AT THE WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT, MATERIALS, SERVICES AND/OR OTHER INFORMATION AT THE WEBSITE MAY BE OUT OF DATE, AND AMERISTAR MAKES NO COMMITMENT TO UPDATE SUCH CONTENT, MATERIALS, SERVICES AND/OR OTHER INFORMATION.

    THE REQUEST OR USE OF THE SERVICES, THE DOWNLOADING OF INFORMATION, OR OTHER USE OF ANY CONTENT, MATERIALS, SERVICES AND/OR OTHER INFORMATION THROUGH THE WEBSITE, OR OTHERWISE, IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. AMERISTAR ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY CONTENT, MATERIALS, SERVICES AND/OR OTHER INFORMATION OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMERISTAR OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

    FOR STATES OR JURSIDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, AMERISTAR, TO THE EXTENT PERMISSIBLE, LIMITS ANY IMPLIED WARRANTIES TO THE LEAST AMOUNT OF TIME ALLOWABLE OR NINETY DAYS, WHICHEVER IS LESS.

  11. Limitation of Liability

    IN NO EVENT SHALL AMERISTAR, ITS EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, REPRESENTATIVES, SHAREHOLDERS, ATTORNEYS, SUCCESSORS AND ASSIGNS BE LIABLE TO ANY PARTY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF THE WEBSITE, ALL ITS CONTENT, MATERIALS, SERVICES AND/OR OTHER INFORMATION ON, OR ACCESSIBLE, THROUGH THE WEBSITE OR FOR ANY PRODUCTS OR SERVICES PURCHASED FROM AMERISTAR, REGARDLESS OF THE MEDIUM USED TO MAKE THE PURCHASE, EVEN IF AMERISTAR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IS NEGLIGENT AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOST PROFITS, REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEMS, OR OTHERWISE, INCURRED BY YOU OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, AMERISTAR AND YOU AGREE THAT AMERISTAR'S ENTIRE LIABLITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED ONE HUNRED DOLLARS ($100.00) OR BE THE EXACT COST FOR ALL OF THE SERVICES THEN ORDERED AND DELIVERED, WHICHEVER IS LESS.

  12. Intellectual Property

    12.1 The information displayed on or contained within the Website including, without limitation, all Content, Materials, Services and Other Information along with all copyrights, trademarks, service marks or other legally cognizable intellectual property rights (collectively, the "Intellectual Property"), are the property of Ameristar or its licensors and are protected by copyright, trademark and other intellectual property laws. Ameristar expressly retains all right, title and interest in all patents, trademarks, trade names, trade dress, trade secrets, software, know-how or other Intellectual Property.

    12.2 Ameristar hereby grants You a personal, non-exclusive, non-assignable and non-transferable license to use and display the Intellectual Property for personal and non-commercial use only; provided that You maintain all copyright and other notices contained in such Intellectual Property. You agree not to reproduce, modify, rent, lease, loan, sell, distribute, disseminate, mirror, frame, republish, download, broadcast, circulate, transmit or create derivative works of the Contents of Ameristar, in whole or in part, by any means, along with the Intellectual Property of any third party (including, without limitation, the display and distribution of Intellectual Property via a Third Party Site) without express prior written consent of Ameristar. Use of Intellectual Property is only permitted with the express written permission of Ameristar and/or its licensors. You must not modify, disassemble, decompile or reverse engineer any software or other Intellectual Property Ameristar discloses to You, and You must not remove, modify any copyright or trademark notice or other notice of ownership. This Section shall survive the termination of this Agreement, regardless of the party that terminated the Terms of Use or the reasons therefore.

  13. Trademark Information

    All trademarks, services marks, brands, designs, trade dress, slogans, logos, icons, domain names, word marks, trade names and other designations Ameristar uses in connection with the Website, the Content, the Materials, the Services provided by Ameristar and the Other Information (collectively, the "Marks") used on, or accessible through, the Website are trademarks or registered trademarks of Ameristar or other third parties. You are not permitted to use the Marks without the prior written consent of Ameristar or such third parties that may own the Marks. The AMERISTAR name, design and related marks are trademarks of AMERISTAR 2004. All rights reserved. Notwithstanding the foregoing, by using Ameristar's Marks on the Website, Ameristar is not granting You any license to utilize the proprietary Marks. Any unauthorized use of the Marks may violate copyright laws, trademarks laws, the laws of privacy and publicity and civil and criminal statutes. This Section shall survive the termination of this Agreement, regardless of the party that terminated the Terms of Use or the reasons therefore.

  14. Copyright Information

    All contents of the Website are Copyright 2019, Ameristar. All rights reserved. The works of authorship included in the Website, including, but not limited to, all Content, Materials, Services and/or Other Information (except as otherwise expressly stated) is copyrighted as a collective work under the United States copyright laws, international conventions and treaties, and other copyright laws, and is the property of Ameristar. The collective work may include works that are licensed to Ameristar. You are authorized to view the information available on the Website for personal and non-commercial use only and You acknowledge that You do not acquire any ownership rights or license by downloading or printing copyrighted material. Except as otherwise expressly stated herein, You may not copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, frame, reproduce, create derivative works of or republish all or any portion of the Website, store for subsequent use or otherwise use, in whole or in part, the Website in any manner without the prior written consent of Ameristar. Notwithstanding the foregoing, You may make copies or view the Website in accordance with the Copyright Act of 1976 (17 U.S.C. 107), as amended, and provided that You may download information and print out hard copies for Your personal and non-commercial use only, so long as You do not remove any copyright or other notice as may be contained in information, as downloaded. This Section shall survive the termination of this Agreement, regardless of the party that terminated the Terms of Use or the reasons therefore.

  15. Notification of Copyright Infringement

    15.1 Ameristar respects the intellectual property of others and we respectfully request that You do the same. Ameristar may, in appropriate circumstances and at its sole discretion, disable, deactivate and/or terminate the accounts of those that may be repeat infringers. If You believe that Your work has been copied in a way that constitutes copyright infringement, or other intellectual property rights have been violated, please provide Ameristar's Copyright Agent with the written information specified below:

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    • A description of the copyrighted work or other intellectual property that You claim has been infringed upon;
    • A description of where the material that You claim is infringing is located on the Website;
    • Your address, telephone number, and email address;
    • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
    • Ameristar's Copyright Agent for Notice of Claims of copyright or other intellectual property infringement can be reached as follows:

    Copyright Agent
    Ameristar Legal Department
    6616 Davis Boulevard,
    North Richland Hills, TX 76182
    Phone: 800-920-9270
    FAX: 800-920-9271
    E-mail: copyrightagent@ameristarusa.com

    15.2 THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THE WEBSITE. ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT MAY NOT BE RESPONDED TO.

  16. General Terms and Conditions

    16.1 GOVERNING LAW AND JURISDICTION The Terms of Use shall be construed and enforced in accordance with the laws of the State of Texas, without reference to the conflict of laws provisions thereof. The parties hereby consent to the personal jurisdiction of the state and federal courts within the County of Dallas, Texas, for the adjudication of all matters relating hereto or arising hereunder.

    16.2 FORCE MAJEURE
    Ameristar shall not be liable or deemed to be in default of the Terms of Use for any failure to perform, or any delay in performing, its obligations pursuant to the Terms of Use that arises out of, is caused by or results from circumstances that are beyond its reasonable control, including without limitation, Acts of God, fire, explosion, vandalism, storm, terrorism, or other similar catastrophes; any law, order regulation, direction, action or request of the United States Government or any other Government, including foreign, state and local governments having jurisdictions over either of the parties, or any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more of said governments, or of any civil or military authority; national emergencies; insurrections; riots; wars; or strikes, lock-outs, work stoppages or other labor difficulties. In the event that any such circumstances do arise, occur or result, Ameristar shall use reasonable efforts to overcome such circumstances as promptly as possible.

    16.3 DISPUTE RESOLUTION
    (i) All claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (i) the Terms Use; (ii) the Website; (iii) any advertisement or promotion relating to the Terms of Use or the Website; or (iv) transactions effectuated through the Website, or (v) purchase made, regardless of the medium used to make the purchase, of Ameristar Services; and (vi) the relationship which results from the Terms of Use (including relationships with third parties who are not party to the Terms of Use) (collectively "Claims"), will be referred to and determined by binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association under its rules for the resolution of consumer-related disputes, or under other mutually agreed procedures. Because this method of dispute resolution is personal, individual and provides the exclusive method for resolving such disputes, You further agree, to the extent permitted by applicable laws, to waive any right You may have to commence or participate in any class action or class-wide arbitration against Ameristar related to any Claim. This entire Section, including this Subsection, shall survive the termination of this Agreement, regardless of the party that terminated the Terms of Use or the reasons therefore. (ii) Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon Ameristar and You and Ameristar's and Your respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, in no event shall You be entitled to punitive damages and You hereby waive Your respective rights to any direct, indirect, incidental, special, punitive, or other consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.

    16.4 STATUTE OF LIMITATIONS
    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms of Use, the Website or any Content, Materials, Services and/or Other Information provided by Ameristar shall be filed within one (1) year after such claim or cause arose or be forever barred.

    16.5 ATTORNEY FEES
    In the event that any party to this Agreement commences legal proceedings to enforce the Terms of Use against the other party, the non-prevailing party will be required to pay to the prevailing party all documented out-of-pocket fees, costs and expenses (including reasonable attorney's fees) incurred by the prevailing party in connection with the enforcement of the Terms of Use.

    16.6 INDEPENDENT CONTRACTORS
    Ameristar and You are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by the Terms of Use.

    16.7 WAIVER AND SEVERABILITY
    The failure of Ameristar to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. Any term or provision of the Terms of Use, which is prohibited or unenforceable in any jurisdiction, shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining terms or provisions of the Terms of Use, and no such prohibition or unenforceability in any jurisdiction shall invalidate such term or provision in any other jurisdiction.

    16.8 REMEDIES CUMULATIVE
    Any and all rights and remedies which either party may have under the 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.

    16.9 HEADINGS
    The division of the Terms of Use into sections, clauses, paragraphs or subdivisions thereof, and the insertion of headings, are for convenience and reference only and shall not affect the construction or interpretation hereof.

    16.10 SURVIVAL
    Any terms or conditions of the Terms of Use, which by their express terms extend beyond termination or expiration of the Terms of Use, or which by their nature shall so extend, shall survive and continue in full force and effect after any termination or expiration of the Terms of Use. The provisions relating to Confidentiality of Ameristar Information, Indemnification, Disclaimer, Limitation of Liability, Trademark, Copyright and the General Terms and Conditions shall survive any termination.

    16.11 ENTIRE AGREEMENT
    Except as expressly provided otherwise in a written agreement between Ameristar and You, the provisions, terms and conditions of the Terms of Use constitutes the entire agreement between Ameristar and You and govern Your use of the Website, the Content, the Materials, the Services and Other Information, superceding any prior, non-written, properly signed agreements between Ameristar and You.