TERMS OF USE
These Terms of Use (“Terms”) constitute a legally binding agreement (“Agreement”) between you and Ameristar Enterprises, Inc. a California corporation (“Ameristar” “we” “us”) governing the use of Ameristar’s applications, the www.ameristarwindows.com website, its technology, platforms, including any mobile site, mobile applications, and any other site on which these Terms appear (collectively, the “Website”). The Website is provided by us to you, unless specifically provided otherwise.
By accessing or using the Website, you agree to be unconditionally bound by this Agreement and our Privacy Policy (found at hyperlink), without any modification by you. THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE WEBSITE.
PLEASE NOTE: THIS AGREEMENT CONTAINS A PROVISION FOR ARBITRATION THAT GOVERNS THE MANNER IN WHICH CLAIMS CAN BE BROUGHT. THIS PROVISION WILL REQUIRE YOU TO SUBMIT CLAIMS AGAINST AMERISTAR THROUGH FINAL AND BINDING ARBITRATION, WITH LIMITED EXCEPTION. THIS AGREEMENT ALSO CONTAINS A CLASS ACTION WAIVER. Please ensure to carefully review the Agreement prior to using the Website.
The Website and its content related to the purchase, sale, distribution of windows, doors, storm doors, replacement parts, and related products (collectively, the “Products”), including the facilitation of orders, delivery, installation services, warranty claims, and user support (the “Services”), are owned and operated by Ameristar. Individuals, groups, entities, and contractors may use our Website to obtain Products, request Services, or access support (each such person or entity, a “User”). We provide such Products and Services directly to Users or through authorized dealers and affiliates.
Upon entering into this Agreement, you hereby acknowledge and agree that you have read, understood, and comprehended the terms of this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT ACCESS OR USE OUR WEBSITE.
The terms “you,” “your,” or “User(s)” pertain to any party who gains access to the Website, purchases our Products, or uses our Service(s), either for personal purposes, or on behalf of an entity or any other person. If you claim to be an agent, representative, or acting on behalf of any entity or person, then the references to “you,” “your,” or “User(s)” will include you as an individual and any such entity or person you claim to represent, and you further covenant and warrant that you are an authorized representative of the entity or person you claim to represent, that you have the power to bind such entity or person to this Agreement, and that your acceptance of this Agreement will constitute acceptance on behalf of such entity or person.
By accepting the Terms through your use of the Website or our Services, you certify that you are either (i) 18 years of age or older; or (ii) you are at least 13 years of age and are using the Website under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use this Website. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Website, including all financial charges and legal liability that such child may incur.
If we determine that a child under the age of 13 has provided personal information on the Website, we will delete that information as soon as practical. If you become aware that such information has been provided by a child under the age of 13, please contact us at info@ameristarwindows.com so that we can delete the information.
We retain the right to alter, amend, append, or delete any part of this Agreement at any given time without providing prior notice. Your continued use of the Website or Services or purchase of Products subsequent to any such modifications will indicate your unconditional acceptance of the changes made.
Please contact info@ameristarwindows.com if you have any questions in regard to the above.
1. General Terms of Use
Ameristar hereby grants you a limited license to access and use the Website. The grant of this license is subject to your compliance and satisfaction with the terms of the Agreement. In the event of non-compliance, Ameristar may exercise its right to restrict your ability to access or use the Website or our Services, and revoke your license(s). Certain materials available on this Website or through the Services are protected by trademark and copyright laws in the United States and internationally. These materials are either owned or controlled by Ameristar, or its partners. You may only view or download materials from the Website for personal use or a use permitted by Ameristar. Further, you must: (i) properly attribute to Ameristar and anyone else who is attributed to the original image in any use of an image from the Website; and (ii) accurately identify any Product that appears in an image.
Ameristar prohibits any and all reproduction, duplication, distribution, publication, modification, copying, or transmission of any material available on or through the Website without our prior written consent, except where expressly permitted by the Website or necessary for the performance of Services. Unless otherwise specifically noted in this Agreement, you are prohibited from copying, modifying, transmitting, selling, republishing, broadcasting, or redistributing any of the content, trademarks, logos, or icons displayed on the Website, as these are the property of Ameristar or its affiliates or licensors. You are also prohibited from manipulating or altering in any way, the above-mentioned intellectual property.
All Rights Reserved. Ameristar does not grant any right (express or implied) to you under any patents, trademarks, copyrights, trade secret, or any other intellectual property displayed on, connected to, or related to the Website.
2. Consent to Communications
Agreement to Receive Communications from Ameristar
Upon using the Website and providing contact information, you shall consent to receive communications (electronic mail, text, text receipts, Short Messaging Service “SMS”, and by telephone) from us (collectively, “Communications”). We may be required by law to send you Communications in relation to the Website, your account, our Products or our Services (“Required Communications”). Other Communications may be sent to you for various reasons. You have the option to change the email, mobile phone number, or address that is associated with your procurement of Products or Services or your account by contacting us at info@ameristarwindows.com. Ameristar shall not impose any fees on you for sending SMS text messages; however, your Communications service provider may do so. You agree to bear any fee(s) or charge(s) incurred for incoming and outgoing text messages between you and Ameristar or Ameristar’s assigns, successors, servicers, or agents, without seeking reimbursement from Ameristar or such entities.
Additionally, any communication or material submitted by you to the Website including, but not limited to, by electronic mail, text and/or website submission (“Website Submission”) is considered to be non-confidential and nonproprietary. Such Website Submission may include without limitation, questions, comments, suggestions, and ideas. Any Website Submission is the exclusive property of Ameristar. Ameristar shall have a perpetual, royalty-free and exclusive license to any Website Submission. We shall be free to use any Website Submission for any purpose whatsoever without restriction or further notice or compensation. This means that you hereby disclaim any proprietary rights in such Website Submission(s), and you acknowledge and agree to Ameristar unrestricted right to use the content of the Website Submission, in whole or in part (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation, attribution, or other obligation to you or any other person. It also means that we have no obligation to keep your Website Submission confidential.
Although we are under no obligation to review or monitor your Website Submission(s), Ameristar hereby reserves the absolute right to do so in its sole discretion. In addition, we reserve the right to alter, edit, create derivative works, refuse to contact or remove any Website Submission, in whole or in part, for any reason or for no reason. You hereby acknowledge and agree that we do not have any obligation to use or respond to any Website Submission. We have the right, but not the obligation, to monitor, edit or remove any content at any time and without notice. Furthermore, we have the right and reserve the right to remove postings that are off the subject of our Products or Services or not in a language we can understand. We can also remove content if we believe that doing so will improve our Website and the experience of our Users. Notwithstanding anything to the contrary stated herein or in our Privacy Policy, we have the right to view and monitor any content posted to this Website, even if that content has been designated as private.
You are responsible for all of your Website Submission(s). You may not submit any material misrepresenting yourself as someone else or using a false e-mail address or other contact information. If we send you any Communication, but you do not receive it due to an incorrect, outdated, or blocked primary email address or phone number on file, or any other reason that renders you unable to receive Communications, such Communication shall still be deemed to be received by you on the date it was sent. Do not submit any material or links to material that violates the rights of any third party, violates copyright rights, violates trademark rights, is libelous, defamatory, false, obscene, violent, abusive, threatening, harassing, prejudicial, or is otherwise in violation of the law or the terms of this Agreement.
You understand that you are personally responsible for your behavior while on the Website and agree to indemnify and hold Ameristar, and its affiliates, subsidiaries, business partners, dealers, insurers, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Website or access to the Website, or your violation of either these Terms, applicable law or the rights of any third party.
Electronic Signature
You hereby acknowledge and agree that when you check the “I Agree” box when creating an account, or click the “Submit”, “Sign Up”, or other similar button on Ameristar’s Website, you are agreeing to be bound by the terms of this Agreement, as well as representing your unequivocal intent that such action shall constitute your signature for all purposes of this Agreement.
Withdrawing Consent to Communications
You may choose to opt-out of receiving all non-required Communications via email by sending us a notice of such withdrawal. If, upon notifying Ameristar, you receive further Communications or Ameristar attempts further Communications, you shall send a further notification of withdrawal in accordance with the instructions below.
You may withdraw your consent to receive Communications by emailing the Ameristar legal team at info@ameristarwindows.com, sending a notice containing your full name, user name (if applicable), and email address. However, if you decide to opt-out of these Communications, you will no longer receive any further electronic notices from us (except for Required Communications), which could include essential announcements or notifications.
You may opt out of promotional emails or promotional text messages by emailing the Ameristar marketing team at info@ameristarwindows.com, sending a notice containing your full name, user name (if applicable) and email address.
Requesting Paper Copies of Electronic Communications
At your request, we shall provide you with a hard copy of the contract(s) or other electronically provided material in accordance with this consent. If you wish to receive a hard copy of any such material, you must notify Ameristar in writing within thirty (30) days of the communication for which you seek a hard copy. There shall be no fee for providing a hard copy of this material.
3. User-Generated Content
If Ameristar contacts you to request permission to use photos, videos, text, or other materials you have posted on social media (“User Generated Content”), and you provide such permission, you grant Ameristar a non‑exclusive, worldwide, royalty‑free license to use, reproduce, display, distribute, and create derivative works from your User Generated Content for marketing, advertising, and promotional purposes. This license includes the right for Ameristar to sublicense such rights to its service providers solely as necessary to perform these activities.
You represent and warrant that you own or otherwise control all rights in and to the User Generated Content and that our use of the User Generated Content will not infringe the rights of any third party.
You may opt out of future use of your User Generated Content by providing written notice to info@ameristarwindows.com. Your opt‑out will apply prospectively and will not require Ameristar to remove or modify materials already created or distributed prior to receipt of your notice.
If Ameristar provides you with any Product, Service, or other consideration in connection with your User Generated Content, you agree to comply with all applicable disclosure requirements, including those issued by the Federal Trade Commission.
4. Product Orders
We use commercially reasonable efforts to fulfill all orders; however, product availability is not guaranteed. Ameristar may modify, suspend, or discontinue the offering of any product at any time without notice.
Prices (if any) displayed on the Website may differ from prices offered in other channels or geographic markets. All prices are listed in U.S. dollars, are valid only within the United States, and exclude shipping, handling, and applicable taxes. You are responsible for all shipping and handling charges and any applicable state or local sales or use taxes.
We do not warrant that Website content is accurate, complete, or current, including with respect to pricing or product specifications. Ameristar reserves the right, at any time, to correct any errors, inaccuracies, or omissions, and to cancel or revoke any stated offer (including after an order has been submitted and/or accepted).
5. Dispute Resolution; Arbitration; Class Action Waiver
By accessing or using the Website, you acknowledge the following Arbitration Provision and further agree to be bound by the terms of the following Arbitration Provision.
If any dispute, claim, or question (collectively, “Dispute”) arises (i) out of or relating to this Agreement or any alleged breach of this Agreement; (ii) with respect to any of the transactions or events contemplated by this Agreement; (iii) with respect to any Products or Services; (iv) with respect to any indemnity provisions or obligations of this Agreement; and/or (v) between or among any parties with respect to any approval, consent, request, instruction, order, determination, vote, decision, direction, demand, requirement, communication, or similar action or conduct required or permitted to be given to or by any party under this Agreement (whether as a User or as a customer), then any party that is a party to such Dispute may, at its election, in its sole and absolute discretion, and as its sole remedy for such Dispute, trigger the provisions of this arbitration provision (“Arbitration Provision”) by so notifying in writing (the “Dispute Notice”) each other party that is a party to such Dispute (such notifying party and such other party(ies), collectively, the “Dispute Parties” and individually, a “Dispute Party”) with a copy to, if not a party to such Dispute, Ameristar.
If any party gives a Dispute Notice pursuant to this Arbitration Provision, then the Dispute Parties shall meet and will attempt to settle the matter in good faith by consultation and negotiation. The Dispute Parties will make reasonable efforts to reach a mutually acceptable and equitable resolution, taking into account their shared interests. The Dispute Parties will have a period of thirty (30) days to attempt to achieve a resolution. If a resolution cannot be reached within the stipulated time frame, either Dispute Party may provide notice to the other to initiate binding arbitration to resolve the Dispute.
If such Dispute is not resolved or settled by the Dispute Parties through negotiations pursuant to the provisions above, then the Dispute Parties shall submit such Dispute to non-binding mediation before a retired judge knowledgeable in the subject matter hereof, or some similarly qualified, mutually agreeable individual. The Dispute Parties shall bear the costs of such mediation equally. Such mediator must be selected by the Dispute Parties on or before fifteen (15) calendar days after the end of such thirty (30) calendar day “negotiated resolution” period following the Dispute Notice, and such mediation must be concluded within thirty (30) calendar days after the selection of such mediator. If either of such deadlines is not met, then the provisions immediately below shall apply.
If either of the deadlines set forth above is not met, then, upon written request (the “Arbitration Notice”) by any Dispute Party (given within twenty (20) calendar days thereafter), the Dispute shall be determined by arbitration before one impartial arbitrator (the “Arbitrator”). Such arbitration shall be submitted to and administered by the Judicial Arbitration and Mediation Services or its successor pursuant to its then-current “Comprehensive Arbitration Rules and Procedures,” as modified by this Agreement (“JAMS”) (and if, at any time, JAMS no longer exists for such purposes, then all references in this Agreement to JAMS shall be deemed to mean the American Arbitration Association pursuant to its “Commercial Arbitration” rules as modified by this Agreement).
Such arbitration shall be conducted in San Diego County, California (or any other location that is determined mutually by the Dispute Parties, each in their sole and absolute discretion).
The Dispute Parties shall immediately, but no later than fifteen (15) calendar days after the giving of the Arbitration Notice, jointly select the Arbitrator. If the Dispute Parties do not agree on the Arbitrator within such 15-calendar day period, then the Arbitrator shall be appointed in accordance with relevant California law.
Notwithstanding anything to the contrary in this Agreement, absent a finding of fraud, the Arbitrator shall not be authorized to award punitive damages with respect to any such claim or controversy, nor shall any Dispute Party seek or be awarded punitive damages relative to any matter under, arising out of, or relating to this Agreement in any other forum.
Each Dispute Party shall bear its own costs of any arbitration under this Agreement (including without limitation legal fees, the cost of the record or transcripts of such arbitration, if any, and administrative fees), or an equal share of such fees and costs that are not specific to such Dispute Party. Notwithstanding the foregoing, if a Dispute Party is determined by the Arbitrator not to be prevailing, then such non-prevailing Dispute Party shall be responsible for all such fees and costs (as determined by the Arbitrator).
Each Dispute Party shall instruct the Arbitrator to render his or her decision no later than, and each Dispute Party shall use its good faith efforts to cause the Arbitrator’s decision to be issued on or before, sixty (60) calendar days after the selection of the Arbitrator. In all cases, the determination of the Arbitrator shall be final and binding on each Dispute Party. Judgment on the Arbitrator’s award may be entered in any court having jurisdiction.
Notwithstanding anything to the contrary in this Arbitration Provision, any Dispute Party may seek any provisional remedy available at law or in equity in any state or federal court in San Diego County, California without compromising the right and obligation, subject to the first and third paragraphs of this Arbitration Provision, to arbitrate ultimately and finally all Disputes.
YOU AGREE THAT YOU MAY ASSERT DISPUTES AGAINST AMERISTAR ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDINGS RELATED TO YOUR USE OF ANY WEBSITE. AS PART OF THIS DISPUTE RESOLUTION PROCESS, YOU AND AMERISTAR ALSO AGREE TO WAIVE ANY RIGHT TO A JURY AND AGREE TO HAVE ALL DISPUTES HEARD AND DECIDED SOLELY BY THE FEDERAL OR STATE COURT JUDGE. All terms of these Terms set forth herein remain in force and effect. If any term of this Arbitration Provision or dispute resolution process is found to be invalid or unenforceable in any particular jurisdiction, that term will not apply to that issue in that jurisdiction. Instead, that term will be severed with the remaining terms continuing in full force and effect.
6. Links to Other Sites
As a convenience to you, we may offer information on other resources that may be useful to Users as part of its Service. Please Note: Ameristar shall not be responsible or liable for any content, advertising, products, or other materials found on such sites or resources. The inclusion of third-party links or content by Ameristar does not imply endorsement, sponsorship, or recommendation of those resources. When you leave the Website, you are subject to the policies of the new website, and Ameristar cannot be held responsible for any damages or losses that may arise from your use or reliance on any third-party content, goods, or services available on or through any third-party website or resource.
7. Prohibited Activities
You hereby acknowledge and agree that you will not do any of the following (collectively, “Prohibited Activities”):
- Use the Website, our Products, or the Services to engage in any illegal or immoral activities, such as defaming, abusing, harassing, stalking, threatening, or violating the legal rights of others (including privacy rights).
- Impersonate any entity or person, or falsely stating or otherwise misrepresenting your affiliation with a person or entity of Ameristar.
- Restrict or inhibit any other visitor from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website.
- Transmit any material through the Website that is: (i) in breach of any relevant federal, state, or local laws, rules, or regulations, including guidelines, policies, or procedures of any governmental agency; (ii) copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (iii) unlawful, abusive, vulgar, harmful, threatening, obscene, pornographic, libelous or otherwise objectionable; (iv) intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or (v) non-public information about a company or individual without the express written authorization to do so.
- Transmit any material that contains computer code, files, or programs that may harm or disrupt the functionality of any computer software or hardware, telecommunications equipment, or any other related device. This includes, but is not limited to, software viruses, trojan horses, worms, software time bombs, and cancelbots.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website.
- Remove any copyright, trademark or other notices of proprietary rights contained on the Website.
- Anything that would constitute fraud.
- Taking any action that hinders or interrupts the normal functioning of the Website (including any action(s) intended to unlawfully gather information), our Products, or our Services.
- Collecting or retaining any personal information about other Users.
- Removing or modifying any material posted by another person or entity.
- Engage in any activity that, in our sole discretion, places an unreasonable or materially disproportionate demand on the infrastructure supporting the Website or the Services.
By using the Website, purchasing our Products, or utilizing our Services, you are bound to comply with all the relevant federal, state, or local laws, rules, or regulations, including any guidelines, policies, or procedures set by government agencies. You hereby acknowledge and agree that you are solely accountable for all your actions or inactions.
8. Digital Millennium Copyright Act (“DMCA”) Notice
If you suspect that your work has been used in any way that constitutes copyright infringement, you should contact Ameristar’s legal team at the email address provided above and provide the following information:
- A signature, either electronic or physical, of the copyright owner or an authorized representative acting on behalf of the copyright owner
- Contact information of the copyright owner including your address, email address and telephone number
- A detailed description of where on the Website this infringed work/material is located
- Give consent to Ameristar to find the alleged infringed work/material
- A statement affirming your belief, made in good faith, that the contested use of the copyrighted material is not authorized by the owner of the copyright, their agent, or the law.
- A statement in your notice, made under penalty of perjury, affirming the accuracy of the information provided and your authority as the copyright owner or authorized agent acting on behalf of the owner.
Please Note: If copyright owners and agents fail to meet all the requirements stated above, it may render the DMCA notice invalid.
9. Indemnification
You agree to indemnify, defend, and hold harmless Ameristar, and its affiliates, subsidiaries, business partners, dealers, insurers and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs (including reasonable attorneys’ fees and court costs) resulting from any violation of these Terms or any activity related to accessing the Website (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Website under your direction.
10. Disclaimer
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE WEBSITE AND THE INTERNET IN GENERAL. AMERISTAR ENDEAVORS TO MAINTAIN THE WEBSITE, THE INFORMATION IN THE WEBSITE(S) AND THE WEBSITE’S OPERATION (ALL THREE COLLECTIVELY “SITE CONTENT AND OPERATION”). AMERISTAR IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS OR INACCURACIES THAT MAY EXIST IN THE SITE CONTENT AND OPERATION. THE WEBSITE, THE MATERIALS AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND AMERISTAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT FOR SITE CONTENT AND OPERATION. AMERISTAR MAKES NO WARRANTY THAT (I) THE WEBSITE CONTENT AND OPERATION WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE CONTENT AND OPERATION WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT AMERISTAR) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THE WEBSITE.
11. Limitation of Liability
IN NO EVENT SHALL AMERISTAR BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY MATERIALS IN THE WEBSITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR INFORMATION AVAILABLE IN THE WEBSITE. AMERISTAR SHALL NOT BE LIABLE EVEN IF AMERISTAR OR AN AMERISTAR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.
Please Note: Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Consequently, some or all of the above limitations may not apply to you.
12. Termination of this Agreement
We reserve the right to terminate or suspend this Agreement at any time without notice to you. Without limiting the foregoing, Ameristar shall have the right to immediately terminate your access to the Website in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of this Agreement. Your right to access and use the Website terminates automatically upon your breach of any of the terms in this Agreement.
13. Governing Law; Jurisdiction
We control and operate the Website from Ameristar’s company headquarters in Temecula, California, in the United States of America. Ameristar in no way warrants or implies that the materials on the Website are appropriate for use outside of the United States. If you use the Website from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the Website in violation of U.S. export laws and regulations. Any claim relating to the Website or your use of it shall be governed by the internal substantive laws of the State of California, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Website shall be in the state or federal courts located in San Diego County, California.
14. Miscellaneous
No joint venture, partnership, employment, or agency relationship is created between you and Ameristar, or between you and any service provider or supplier, by virtue of these Terms or your access to or use of the Website.
All rights not expressly granted to you herein are reserved to Ameristar, its affiliates, subsidiaries, licensors, and applicable third parties.
These Terms, together with any applicable terms of sale, constitute the entire agreement between you and Ameristar with respect to the subject matter hereof and supersede all prior or contemporaneous communications, proposals, or understandings, whether written, oral, or electronic, relating to the Website. No amendment or modification of these Terms shall be effective unless issued by Ameristar or executed in a physically signed, blue‑ink original by an authorized executive officer of Ameristar.
No waiver by Ameristar of any actual or alleged breach of these Terms shall be deemed a waiver of any other or subsequent breach.
A printed version of these Terms, and any notice delivered by Ameristar in electronic form, shall be admissible in judicial or administrative proceedings relating to these Terms or your use of the Website to the same extent, and subject to the same conditions, as other business records originally generated and maintained by Ameristar in printed form.
If any provision of these Terms is held invalid or unenforceable under applicable law, such provision shall be replaced with a valid and enforceable provision that most closely reflects the original intent, and the remainder of these Terms shall continue in full force and effect.
