TERMS OF SERVICE

Effective date: November 1, 2022

Astro Rover (“we” or “our”) operates the https://www.astrorover.com website (the “Website”) which provides users access to our articles (“Products”) for sale online.

Your use of Astro Rover is subject to the following terms of service (“Terms”).

BASIC TERMS

These Terms constitute a legally binding agreement between you and Astro Rover and is deemed accepted by you each time that you visit the Website, or use any of our Products. You warrant and represent that you are at least 13 years old or older. If you are under age 18 but above 13 you are permitted to use the Website, provided you do so with the consent of a parent or legal guardian who accepts these Terms on your behalf. If you are accepting these Terms and accessing the Website and/or using the Products on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use or access the Website and/or Products only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree with any of these Terms, please do not access the Website or use any of our Products.

The Terms are effective as of the “Effective date” above. We may change these Terms at any time, with or without notice to you, by posting an updated version to this web page. If you continue accessing the Website or using any Products after any such changes, it will mean you accepted any new or changed Terms. We may terminate these Terms and your access to all or any part of the Website and/or the Products at any time and for any reason without prior notice or liability and in our sole discretion.

PRIVACY

Your use of the Website and/or the Products may involve the transmission to us of certain personally-identifiable information (“Personal Information”). Our policies with respect to the collection and use of Personal Information are set forth in its then-current Privacy Policy located at astrorover.com/privacy-policy, which also governs your access to the Website and/or use the Products, and is incorporated herein by reference, in its entirety.

ELECTRONIC COMMUNICATIONS

When you access the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website or through any other communication tool.

BRAND CONTENT

Astro Rover or its licensors retain all right, title and interest in and to its designs, text, graphics, images, video, information, logos, button icons, software, audio files and other brand content used on the Website and/or the Products (collectively, “Brand Content”). All Brand Content is the property of Astro Rover or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content that is part of the Website and/or the Products is the exclusive property of Astro Rover and is protected by copyright, trademark, patent and other laws. Unauthorized use of the Brand Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademarks, service mark and other proprietary notices contained in the original Brand Content on any authorized copy you make of the Brand Content.

You are not allowed to: (i) use our trademarks, service marks or logos without our written permission in each instance; (ii) copy or use the Brand Content for any purpose other than your use of any Products; (iii) remove any copyright or other protected notices contained in the Brand Content on any authorized copy you make of the Brand Content; (iv) sell, transfer, assign, license, sublicense, or modify the Brand Content, or use the Brand Content for any public or commercial purpose; or (v) use or post the Brand Content on any other website or in a networked computer environment.

LICENSE AND ACCESS

Subject to your compliance with these Terms and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, nonsublicensable license to access the Website and/or make use of the Products. This license does not include any resale or commercial use of any Products; any collection and use of any profile listings, descriptions, or prices; any derivative use of any Products; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Terms are reserved and retained by Astro Rover or its suppliers, publishers, photographers, rights holders, or other content providers. No part of the Website and/or the Products may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Astro Rover. You may not frame or utilize framing techniques to enclose our trademark, logo, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Astro Rover name or trademarks without our written consent.

YOUR ACCOUNT

To access certain password-protected areas of the Website, you may need to register for an account. To register for an account, you must provide us with information including, but not limited to, your first name, last name, and email address. By doing so, you promise that all registration information provided by you is truthful and accurate. You are also required to update any inaccurate registration information as necessary from time to time. All registration information and any other Personal Information that you provide to us through your use of the Website is covered under our Privacy Policy.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We may delete or change your password at any time for any reason, at our sole discretion.

PAYMENTS

If you purchase any Products that we offer for a fee, you agree to us using your payment or credit card information as set out in our Privacy Policy. You also agree to pay the applicable fees for any Products as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts.

COPYRIGHT COMPLAINTS

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (DMCA). AstroRover works to ensure that items and content using our services do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe your intellectual property rights have been infringed, please notify our DMCA Agent, and we will investigate. Learn how to submit a notice to AstroRover.

UNSOLICITED INFORMATION

By submitting any unsolicited information and materials, including but not limited to comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

ALL USER CONTENT

All Astro Rover users may post reviews, comments, and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information (collectively, “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam.’ You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. We reserve the right (but not the obligation) to remove or edit such User Content.

If you do post or submit User Content, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You grant us the right to use the name that you submit in connection with such User Content.

You agree that such User Content license includes the right for us to provide, promote, and improve the Products, including but not limited to resolving disputes amongst users, and to make the User Content submitted to or through the Website and/or Products available to other companies, organizations or individuals who partner with us for the syndication, broadcast, distribution or publication of such User Content on other media and services, subject to our terms and conditions for such content use.

Such additional uses by us, or other companies, organizations or individuals who partner with us, may be made with no compensation paid to you concerning the User Content that you submit, post, transmit or otherwise make available to us.

We may modify or adapt your User Content to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content, to suspend or terminate users, and to reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Astro Rover, its users and the public.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that any material, of any kind, including User Content that you submit to us is owned by you and will not (a) violate or infringe upon the rights of any third party, including, but not limited to copyright, trademark, privacy or other personal or proprietary rights; or (b) contain any libelous or otherwise unlawful material. If you wish to have items removed please contact Chris@AstroRover.com.

You also represent and warrant that any User Content posted by you will not send or result in the transmission of junk email, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing;” be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages; transmit, distribute or upload programs or material that contain malicious code or other potentially harmful programs or other material or information.

RESTRICTIONS

You may not do any of the following while accessing the Website: (i) access, tamper with, or use non-public areas of the Website, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Website by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Website.

ENDING THESE TERMS

The Terms will continue to apply until terminated by either you or Astro Rover as follows.

You may end your legal agreement with us for any reason by deactivating your accounts and discontinuing your use of the Website and/or Products.

We may suspend or terminate your accounts or cease providing you with all or part of the Website and/or Products at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Products to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

In all such cases, these Terms shall terminate, including, without limitation, your license to use the Website and/or Products, except that the following sections shall continue to apply: Brand Content, Copyright Complaints, All User Content, Restrictions on User Content, Restrictions on Use of the Products, Ending These Terms, Disclaimer of Warranties and Limitation of Liability, Representations and Warranties, Indemnity Waiver and Severability, Disputes, and Applicable Law.

Nothing in this section shall affect our rights to change, limit or stop the provision of the Website without prior notice, as provided above.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Please read this section carefully since it limits the liability of Astro Rover and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Astro Rover Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

The Website and the Products, unless otherwise agreed upon by the parties pursuant to additional terms and conditions, are available “AS-IS.” Your access to and use of the Website and/or Products, or any content therein are at your own risk. You understand and agree that the Website and/or Products are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Astro Rover Entities DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Astro Rover Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Website and/or Products; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website and/or Products; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by us; and (iv) whether the Website and/or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Astro Rover Entities, Website, and/or Products, will create any warranty not expressly made herein.

Links. The Website, service content and/or Products may contain links to third-party websites or resources. You acknowledge and agree that the Astro Rover Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Astro Rover Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASTRO ROVER ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR USER CONTENT OF ANY THIRD PARTY ON THE WEBSITE, AND/OR ASTRO ROVER PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

INDEMNIFICATION

You agree to defend, indemnify, and hold the Astro Rover Entities harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms; (ii) your access to, use, or misuse of the Website and/or Products; (iii) any User Content; or (iv) your violation of any third-party right, including without limitation any intellectual property, or privacy right.

WAIVER AND SEVERABILITY

The failure of Astro Rover to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

DISPUTES

BINDING ARBITRATION

In the event of a dispute arising under or relating to the Terms, the Website, the Products, or any other products or services provided by Astro Rover (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in the State of Colorado may enforce the arbitrator’s award. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in the State of Colorado. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.

CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

APPLICABLE LAW

By accessing or using the Website, the Products, or any other products or services provided by Astro Rover, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Astro Rover.