Ben Marr relaxes between runs / Eric Parker

ASTRAL TERMS OF USE

IMPORTANT, READ CAREFULLY: YOUR USE OF THE ASTRAL WEBSITE (THE “ASTRAL WEBSITE” or “SERVICES”) REFLECTS YOUR AGREEMENT WITH THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS OF USE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, THEN YOU MUST NOT USE THE ASTRAL WEBSITE.

LEGAL AGREEMENT. The Terms of Use constitute a legal agreement between you and Astral Buoyancy Company (“Astral”), a North Carolina corporation which is the owner and operator of the Astral Website. Unless otherwise amended as set forth herein, the Terms of Use will be the complete and exclusive understanding and agreement between the parties governing your access to and use of the Services and will supersede any oral or written proposal, agreement, or other communication between the parties, regarding your access to and use of the Services.

ELIGIBILITY. By accepting the Terms of Use, you represent and warrant that you have reached the age of eighteen (18), are able to form legally binding contracts, and have the right, authority, and capacity to agree and abide by the Terms of Use.

REPRESENTATIONS AND WARRANTIES. You represent, warrant, and covenant that you will not upload, post, transmit, distribute, or otherwise publish through the Services any materials which restrict or inhibit any other user from using and enjoying the Services; are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; violate, plagiarize, or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; contain a virus or other harmful or potentially harmful component; contain any advertising of any kind; and/or constitute or contain false or misleading indications of origin or statements of fact.

AGREEMENT UPDATES. Astral reserves the right, at any time, to modify, alter, or update the Terms of Use without prior notice. Modifications shall become effective immediately upon being posted on the Astral website. Your continued use of the Services after amendments are posted constitutes an acknowledgement and acceptance of the Terms of Use and its modifications. Except as provided in this paragraph, the Terms of Use may not be amended. The Terms of Use operate to the fullest extent permissible by law. If any provision herein is unlawful, unenforceable, or void, that specific provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions.

REGISTRATION FOR THE SERVICES. You will be required to provide information about yourself in order to register for and use the Services. You agree that any such information shall be accurate. You will also be asked to choose a user name and password. You are solely responsible for maintaining the security of your user name and password and agree not to disclose such to any third party. You may close your account at any time by sending an email to info@astraldesigns.com.

SYSTEM REQUIREMENTS. Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to use such Services may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

CHANGES TO THE SERVICES. Astral reserves the right to modify or stop the Services (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Astral may post on the Astral Website notice of such changes to the Services. It is your responsibility to review the Astral Website for any such notices. You agree that Astral shall not be liable to you or any third party for any modification or cessation of the Services.

TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, and copyrighted works (hereinafter, “intellectual property”) appearing as part of the Services are the property of Astral. Astral retains all rights with respect to any of their respective intellectual property appearing in the Services. All contents of the Services are: Copyright 2017 Astral Buoyancy Company, all rights reserved.

USER SUBMITTED CONTENT. In the event you provide any content (e.g., product reviews) through the Astral Website, you affirm, represent, and warrant that you have the necessary rights, ownership, and permissions to submit such content. Further, you grant to Astral a non-exclusive, royalty-free, transferable, sub-licensable worldwide license to use, adapt, display, publicize, re-format, revise, distribute, and otherwise fully exploit your content in any format and through any channel. Astral reserves the right to remove, edit, and modify your content at any time and for any reason without notice.

UNSOLICITED IDEAS. Astral does not review or accept unsolicited submissions of designs, ideas, or inventions, regardless of format, from individuals who are not employed by or contracted with Astral. Accordingly, you should not post any such submissions to the Astral Website or share them with Astral in any manner. If you do share such submissions with Astral, Astral shall be entitled to use, copy, and/or commercially exploit such submissions without payment to you regardless of whether you attempted to bind Astral as to the confidentiality of your submissions.

THIRD PARTY SOFTWARE AND WEBSITES. The Services may contain or include software code owned or provided by third-parties (“Third-Party Software”). For any Third-Party Software clearly indicated to be subject to the terms of a third party software license (a “Third-Party License”), the terms of the applicable Third-Party License will apply to the Third-Party Software independent of the Terms of Use. All other Third-Party Software distributed to you by Astral may be used only under the Terms of Use. Nothing in the Terms of Use limits your rights under, or grants rights to you that supersede, the terms of any applicable Third-Party License. The Services may provide links to third-party sites that are not under the control of Astral, and Astral is not responsible for any content on any linked site. If you access a third-party site through the Services, then you do so at your own risk. Astral provides links only as a convenience, and the inclusion of the link does not imply that Astral endorses or accepts any responsibility for the content on those third-party sites.

LIMITATIONS ON USE. The Services are for your personal and non-commercial use only. You will not reproduce, resell, or distribute the Services for any purpose. You will not offer or use the Services on a timeshare basis, use the Services to generate income, or use the Services for the development, production, or marketing of a service or product substantially similar to the Services. You shall not engage in any activity or use the Services in any manner that could damage, disable, overburden, impair, or otherwise interfere with or disrupt the Services.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ASTRAL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, ASTRAL MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, INCLUDING BUT NOT LIMITED TO SATISFYING REQUIREMENTS OF THE ACTIVITIES FOR WHICH YOU ARE USING THE SERVICES; (II) YOUR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASTRAL OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASTRAL AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, AND MEMBERS (THE “ASTRAL PARTIES”) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF ANY OF THE ASTRAL PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES (II) ANY CHANGES MADE TO THE SERVICES OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICES OR ANY PART THEREOF; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (IV) ANY OTHER MATTER RELATING TO THE SERVICES; AND (V) PARTICIPATION IN A GIVEAWAY. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE. IN SUCH CASES, THE ASTRAL PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE ASTRAL PARTIES, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED $100.

OBJECTIONABLE MATERIAL. You understand that, by using the Services, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as objectionable material. Nevertheless, you agree to use the Services at your sole risk, and Astral and its affiliates, licensors, service providers, content providers, employees, agents, officers, directors, shareholders, managers and members shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.

FORCE MAJEURE. In addition to any excuse provided by applicable law, Astral shall be excused from liability related to the Services arising from any event beyond Astral’s reasonable control, whether or not foreseeable by either party, including but not limited to: acts of God, terrorism, war, fire, accident, adverse weather, governmental act, or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

INDEMNIFICATION. To the fullest extent permitted under law, you agree to indemnify, defend, and hold harmless Astral and its affiliates, licensors, service providers, content providers, employees, agents, officers, directors, shareholders, managers and members from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from your use of the Services, your violation of the Terms of Use, or the infringement or violation by you or any other user of your account of any intellectual property or other right of any person or entity.

PRIVACY POLICY. Click here or direct your web browser to www.astraldesigns.com/privacy-policy to view a copy of Astral’s current privacy policy (the “Privacy Policy”). By accessing or using the Services, you expressly consent to the terms and conditions of the Privacy Policy. Notwithstanding anything in the Privacy Policy, Astral will have the right to collect, generate, extract, compile, synthesize, and analyze non-personally identifiable data, information and other content resulting from or arising from your use of and access to the Services. All such data, information, and other content will be solely owned by Astral and may be used by Astral for any lawful business purpose without a duty of accounting to you, provided that the data, information, and other content is used only in an aggregated form, without directly identifying you.

ASSIGNMENT. Neither the Terms of Use nor any of your rights or obligations hereunder may be assigned, transferred, or delegated by you in whole or in part, by operation of law or otherwise, without the prior written approval of Astral. Any assignment, transfer, or delegation in derogation of the foregoing shall be null and void. Astral may assign, transfer, or delegate the Terms of Use, any obligation or right hereunder, or any portion hereof at any time without notice to you.

EXPORT RESTRICTIONS. You acknowledge that the Services, or portion thereof, may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.

CHOICE OF LAW AND FORUM. The Terms of Use shall be governed by and construed under the laws of the State of North Carolina without regard to its choice of law provisions. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Buncombe County, North Carolina.

WAIVER. Failure by either party to exercise any of its rights under, or to enforce any provision of, the Terms of Use will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision.

GIVEAWAY TERMS & CONDITIONS.

  • To the extent our giveaways are promoted on a social media platform (e.g., Facebook, Instagram), the giveaway is in no way sponsored, endorsed, or administered by or associated with the social media platform.
  • No purchase is necessary to enter our giveaways.
  • These contests are void where prohibited.
  • By participating in the giveaway, you agree to be fully and unconditionally bound by the Giveaway Terms & Conditions as well as the Terms of Use and you warrant that you meet the eligibility requirements.
  • Eligibility: You must be a U.S. resident and at least 18 years of age to enter. Astral employees are ineligible.
  • The number of eligible entries received determines the odds of winning.
  • The prize, method of entry, promotion period, and number of winners will be specified in the giveaway announcement.
  • Astral will contact the winner through the platform on which the giveaway is offered. The winner will have up to one week to reply to Astral in order to claim the prize, which will be delivered to the winner via FedEx, UPS, or USPS within 2 weeks of legitimately claiming the price.
  • Astral reserves the right to publicize the names of winners.
  • The giveaways are governed by the laws of North Carolina without regard to its choice of law provisions.

4833-5910-1511, v. 1

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