Terms of Use

Astra’s Terms of Use

 

Last updated ­January 1st, 2017.

These Terms of Use, along with any exhibits, disclosures, addendums, or amendments hereto, as amended or modified from time to time (collectively, the “Agreement”) constitute a binding agreement between you (“you”, “your”’ “user”’ or “customer”) and Astra, Inc. and/or its affiliates or subsidiaries (collectively, “Astra”, “we”’ “us”, or “our”) which set forth the terms and conditions that apply to your access and use of the Astra.finance website located at www.astra.finance or through our web-based or mobile applications (the “Site”) and any and all services offered by Astra through the Site.

Acceptance of Terms

By accessing or using the Site, you agree to be bound by the terms and conditions of these Terms of Use and Astra’s Privacy Policy, as they may be amended from time to time in the future (see “Modifications” below).  If you do not agree to these Terms of Use, then you may not use the Site.  You further agree as follows:

  1. You are able to enter into legally binding contracts, and you agree that these Terms of Use legally bind you in the same manner as a signed, written, paper contract would bind you. You may not use the Site in any manner or attempt to access the Site if you are not willing to be bound by the terms and conditions of these Terms of Use.
  2. ASTRA IS NOT RESPONSIBLE FOR THE FINANCIAL INFORMATION, PRODUCTS, AND SERVICES OR FOR THE ACCURACY OF THE DATA OBTAINED FROM THIRD-PARTY SITES THAT ARE DISPLAYED OR REPORTED THROUGH OUR SITE OR ANY SERVICES CONNECTED THEREWITH. While the Site provided by Astra may provide significant assistance in helping you to manage your finances, you should consult with a professional financial advisor before making investment decisions or deciding on significant changes to your personal financial strategy.
  3. We reserve the right, in our sole discretion, to change or modify these Terms of Use or our Privacy Policy, or modify or discontinue any portion of the Site, or features and functionality provided through the Site.  If changes are made to the Terms of Use or our Privacy Policy, we will post such changes on the Site, and such changes will be effective at such time.  We reserve the right to modify or temporarily discontinue, in our sole discretion, your access to the Site (or any portion thereof), or any service offered through the Site, with or without prior notice.
  4. The Site is intended to be accessed and used only by individuals that are 18 years of age or older. You may not use or access this Site, or take advantage of any service offered on the Site, unless you are 18 years of age or older.

Authorized Agent

By using the Site, you expressly authorize and direct Astra, on your behalf, to electronically retrieve account information maintained by third-party financial institutions with which you have a legally binding customer relationship (“Account Info”). Subject to the terms of our Privacy Policy, Astra may work with one or more third party financial services providers to access and retrieve such Account Info.

YOU HEREBY GRANT ASTRA, FOR THE PURPOSES OF THESE TERMS OF USE, A LIMITED POWER OF ATTORNEY, AND APPOINT ASTRA AS YOUR ATTORNEY-IN-FACT AND AGENT, WITH FULL POWER OF SUBSTITUTION AND RE-SUBSTITUTION, FOR YOU AND IN YOUR NAME, PLACE, AND STEAD, IN ANY AND ALL CAPACITIES, TO ACCESS THIRD PARTY SITES, SERVERS, OR DOCUMENTS, RETRIEVE INFORMATION AND USE YOUR INFORMATION WITH THE FULL POWER AND AUTHORITY TO DO AND PERFORM EACH AND EVERY ACT AND THING REQUISITE AND NECESSARY TO BE DONE IN CONNECTION WITH SUCH ACTIVITIES, AS FULLY AS YOU COULD DO IN PERSON, FOR THE SOLE PURPOSE OF OBTAINING AND PROVIDING FINANCIAL ACCOUNT INFO TO YOU AS PART OF THE SITE’S SERVICES.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT WHEN ASTRA ACCESSES AND RETRIEVES YOUR FINANCIAL ACCOUNT INFO FROM THIRD PARTY SITES, ASTRA IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF ANY THIRD PARTY. YOU FURTHER AGREE THAT THIRD PARTY FINANCIAL ACCOUNT PROVIDERS SHALL BE ENTITLED TO RELY ON THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY GRANTED BY YOU.

You additionally understand and acknowledge that the Site and its associated services are not endorsed or sponsored by any third-party financial account providers accessible through the Site.

Your Registration Information

In order to use the Site or any of the services offered thereon, you will first need to register with the Site and create a Site account (“Site Account”).  As part of this registration process you must provide personally identifiable information through the Site.  You authorize us to make any inquiries we deem necessary to validate your identity.  These inquiries may include, but are not limited to, asking you for further information, and/or requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying information you provide against third party databases or through other sources.  If you do not provide the required information, or if Astra is unable to verify your identity, Astra may refuse to allow you to access or use the Site and/or its associated services.

You acknowledge that our Site and its associated services depend upon you providing us with complete, accurate, and up-to-date information about yourself and your financial accounts, both at the time of registration and in the future. You are therefore required to provide true, accurate, and complete contact and other information as part of the registration process and to update this information as necessary throughout the time you maintain your relationship with the Site. Astra agrees to secure and use that information as described in our Privacy Policy. You are forbidden from providing false information or misrepresenting to us your identity or account registration information.

Consent to Disclose

By creating a Site Account, you consent to receive all notices and information regarding Astra electronically. These notices may be posted on the Site and/or delivered to the email account you used to set up your Site Account. All such notices will be considered to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. It is your responsibility to promptly update us with your complete, accurate contact information, or to change your information, including email address, as appropriate.  Your consent to receive communications electronically is valid until you end your relationship with us.

You may print a copy of any such electronic communications and retain them for your records.  We reserve the right to terminate or change the terms and conditions surrounding electronic communications and will provide you notice of the same in accordance with applicable law. 

Costs of Service

Your use of the Site and any related services are offered free of charge. Astra reserves the right, in its sole discretion, to amend or change its pricing policy for its current Site or services or any additional services that we may choose to offer.

Access

Astra cannot foresee or anticipate every technical or other difficulty which may arise.  Such technical or other difficulties may result in (i) an inability to obtain your Account Info or other data, (ii) a loss of your Account Info or other data, (iii) a loss of your personalized settings on the Site, or (iv) other interruptions in access to the Site or the services offered there. Astra is not responsible for, and cannot guarantee the accuracy, timeliness, or availability of, your Account Info that we retrieve on your behalf from third-party technology providers or from your financial institutions where you accounts are held, or any other third-parties used to provide information for the Site or any associated services. Astra explicitly assumes no responsibility for the timeliness, accuracy, availability, deletion, non-delivery, or failure to store any of your data, loss of your data, communications or Site settings.

Your access and use of the Site and its associated services may be interrupted from time to time for any of several reasons, including, but not limited to, malfunction of equipment, periodic updating, maintenance or repair of the Site or associated equipment, or other actions that Astra, in its sole discretion, may elect to take.  In no event will Astra be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime of the Site or its associated services.  Your sole and exclusive remedy for any failure or non-performance of the Site or its associated services, including any associated software or other materials supplied in connection with the Site and its services, shall be for Astra to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable equipment, service, or Site.

Your Obligations While Using the Site

You agree that you will not do any of the following:

  1. engage in behavior that will put your personal information at unnecessary risk, such as leaving, transmitting, or publishing your Site login or passwords;
  2. use our Site or any associated services for illegal purposes;
  3. use our Site or any associated services to transmit anything that is unlawful, libelous, intended to harass or violate the rights of others;
  4. resell or make any commercial use of the Site or its associated services;
  5. reverse engineer or decompile any technology associated with the Site or any associated services, including but not limited to any software applications, Java applets, or plug-ins associated with the Site or its services;
  6. use any robot, spider, webcrawler, scraper, deep link or similar automated extraction or data gathering mechanism, program or tool to access, copy or monitor the Site or its associated services or any portion thereof without Astra’s prior written consent;
  7. use, or attempt to use, any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, or robots) to navigate or search the Site, other than (a) any search engines available through the Site, or (b) generally available third-party web browsers (such as Google or Microsoft Explorer);
  8. post or transmit any file or email which contains viruses, worms, Trojan horses, or any other damaging or destructive elements;
  9. attempt to gain unauthorized access to any portion of the Site;
  10. create/register accounts or aggregate financial institutions with the Site through unauthorized means, including, but not limited to, using an automated device, script, bot, spider, crawler, or scraper; or
  11. transfer or resell our Site or associated services.

You agree and understand that you are responsible for maintaining the confidentiality of your login information and password. You should maintain appropriate antivirus and anti-malware software on your computer to prevent unauthorized access to or of your login or password.  If you learn that someone has accessed your Site Account without your permission or authorization, you must contact us immediately at security@astra.finance.

You further agree that any trade secrets, computer software, product or service specifications, as well as any non-public technical, financial, or business information that we may provide or share via the Site or in connection with its associated services is confidential and is the sole property of Astra.  You agree not to disclose or share any of Astra’s confidential information with any third party.

By submitting information, data, passwords, usernames, PINS, other log-in information, materials, and other content to Astra through the Site, or in connection with services offered thereon, you grant to Astra a license to that content for the purpose of providing the services associated with the Site.  Astra may use and store the content you provide in accordance with these Terms of Use and our Privacy Policy.  You represent to us that you are entitled to submit such information to Astra for this purpose, without any obligation by Astra to pay any fees or be subject to any restrictions or limitations whatsoever.

Third Party Involvement

You may ask Astra to retrieve your information from financial institutions with which you have an existing customer relationship, where you maintain an account, or where you engage in financial transactions.  Astra may work with one or more online services or third-party service providers to access your Account Info on your behalf.  Astra does not review this Account Info for accuracy, legality, or non-infringement.  Astra is not responsible for the Account Info or for any products or services offered by or on any third-party sites.  Third parties that Astra work with may require you to adopt or agree to additional terms of use with respect to their software or services.  In the event that any use of third party software or services results in you leaving our Site and entering the site of such a third-party vendor or service provider, you will be subject to the terms of use and the privacy policy of that third-party vendor or service provider.  Astra strongly suggests that you review such terms carefully before proceeding.

In addition, if you access the sites of your financial institutions through the Site, you will be subject to the terms of use and privacy policies for those sites.  Astra again cautions you to familiarize yourself with the terms of use and privacy policies of your financial institutions before undertaking any such access.

Portions of the Site or the services offered thereon may be supported by sponsored links from advertisers.  The Site may display special offers or opportunities to acquire products or services custom matched to you based on information available to Astra through the Site and its associated services.  We may disclose when a particular offer is sponsored or otherwise provided by a third party.

The Site may provide links to other sites belonging to Astra advertisers, marketing partners, or other third parties.  These links are provided to you as a convenience.  Astra does not endorse, warrant, or guarantee the products or services available through any such links found on the Site (or any other third-party products or services advertised on or linked from our Site), whether or not sponsored.  Astra is not an agent or broker or otherwise responsible for the activities or policies of any such sites.  Astra does not guarantee that the terms of any offers, plans, or rewards offered to you through links on the Site are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market.  Information associated with any links found on the Site are provided by the third parties, and any such offer is subject to the third parties’ review of your information.  Astra may receive compensation from third parties which may impact the placement and availability of links found on the Site.

If you elect to use or purchase products or services from third parties whose links appear on the Site, you are subject to any applicable terms of use and/or privacy policies they may have in association with their sites.

Mobile Device Use

Use of the Site or its services may be available through compatible mobile devices, Internet, and/or network access and may require the downloading of additional software.  You agree that you are solely responsible for any requirements necessary to access the Site on such devices, including, but not limited to, any applicable changes, updates, and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

ASTRA MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SITE OR ITS ASSOCIATED SERVICES AT ANY TIME OR FROM ANY LOCATION, (ii) ANY LOSS, DAMAGE, OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES.

Account Alerts

Astra may, as it deems necessary, provide automatic alerts regarding your account with Astra.  Automatic alerts may be sent to you following certain changes to your Site Account or information associated with your Site Account. Astra may add new alerts from time to time, or cease to provide certain alerts at any time in its sole discretion.  You may be asked to select from among certain options upon activating your account regarding your alert preferences.

You understand and agree that any alerts provided to you through the Site or its associated services may be delayed or prevented by a variety of factors. While Astra may make commercially reasonable efforts to provide your alerts in a timely fashion with accurate information, Astra cannot guarantee the delivery, timeliness, or accuracy of the content of any alert.  Astra is not liable for:

  1. any delays, failure to deliver, or misdirected delivery of any alert;
  2. for any errors in the content of an alert; or
  3. or any actions taken or not taken by you or any third party in reliance on any alert.

All alerts will be sent to the email address you provided during registration.  If your email address changes, or the email address associated with your mobile device changes, you are responsible for updating us of that change.

Because alerts are not encrypted, we will never include your password in such a communication.  However, alerts may include your login information as well as information about your accounts.  Anyone with access to your email will be able to view the content of these alerts.  At any time you may disable future alerts.

Astra’s Intellectual Property Rights

The contents of the Site, including, but not limited to, any text, graphics, images, logos, buttons, photographs, editorial content, notices, software (including html-based computer programs) and other materials, are protected under both Untied States and other applicable copyright, trademark, trade secret, unfair competition, and other laws. The contents of the Site belong to or are licensed to Astra or its software or content suppliers.  Astra grants you the right to view and use the Site and its content exclusively for your personal, internal, and non-commercial use. Any distribution, reprint, reproduction, or creation of any derivative work from any content from this Site, or any part or portion thereof, for any other purpose is expressly prohibited without the prior express written consent of Astra. You agree not to use, nor permit any other third party to use, the Site or any associated services, in a manner that violates any applicable law, regulation, or these Terms of Use.

Disclaimers

THE SITE, ASSOCIATED SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE OR PROVIDED THROUGH THE SITE (WHETHER SPONSORED OR NOT) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.  ASTRA, ITS AFFILIATES, AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF ANY ASSOCIATED SERVICES.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

NEITHER ASTRA NOR ITS THIRD PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITE OR OF THE SERVICES PROVIDED THEREON (WHETHER SPONSORED OR NOT), AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.  NEITHER ASTRA NOR ITS THIRD PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SITE IS FREE FROM INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  IN SUCH STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS PROVISION MAY NOT APPLY TO YOU.

Not a Financial Planner, Broker, or Tax Advisor

Neither the Site nor its associated services are intended to provide legal, tax, or financial advice.  Astra is not a financial planner, broker, or tax advisor.  The Site and its associated services are intended to assist you in your financial organization and decision-making.  Each individual’s financial situation is unique, and so any information and advice obtained through the Site or its associated services may not be appropriate or applicable to you or your situation.  Therefore, before relying on the Site and its associated services to make any final decisions or implement any financial strategies, Astra strongly recommends that you consider obtaining additional information and advice from your financial advisors, attorneys, or accountants who are fully aware of your individual situation or circumstances.

Limitation on Liability

ASTRA SHALL NOT BE LIABLE OR RESPONSIBLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OPPORTUNITY, OR BUSINESS, ARISING IN WHOLE OR IN PART FORM YOUR ACCESS (OR LACK THEREOF) TO THE SITE, YOUR USE OF THE SERVICES ASSOCIATED WITH THE SITE, OR THIS AGREEMENT, EVEN IF ASTRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ASTRA’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $750.00 (SEVEN HUNDRED AND FIFTY U.S. DOLLARS).

Indemnification

You shall indemnify, defend, and hold harmless Astra and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate to, in whole or in part, arising out of or attributable to, any breach of this Agreement by you, or any activity by you in relation to the Site or any associated services.

Term

These Terms of Use shall apply to you and your use of the Site and its associated services so long as you use the Site and/or maintain an account with the Site or in connection with any associated services.  You may delete your account and end your relationship with Astra by following the steps outlined on the Site.

Modification

Astra reserves the right to modify, discontinue, whether temporarily or permanently, amend, or suspend the Site and its associated services with or without notice for any reason in Astra’s sole discretion.  Astra reserves the right to change any applicable fees associated with the Site or its associated services in Astra’s sole discretion. In the event of such a change, your continued use of the Site or its associated services after such change(s) will constitute your agreement to such change(s).  You acknowledge and agree that Astra shall not be liable to you or any third party for any modification, amendment, suspension, or discontinuance of the Site or its associated services.

You further acknowledge and agree that Astra may modify these Terms of Use from time to time in its sole discretion.  Any and all changes to these Terms of Use may be provided to you by electronic means.  In addition, these Terms of Use always indicate the date they were last revised.  Your use of the Site or its associated services after the posting of any such change(s) will indicate your acceptance of the change(s).

Governing Law

These Terms of Use shall be governed in all respects by the laws of the United States of America and by the laws of the State of Missouri without regard to its conflicts of laws provisions. You hereby irrevocably consent to the exclusive personal jurisdiction of the federal courts located in St. Louis, Missouri and the state courts located St. Louis County, Missouri,  as applicable, for any matter arising out of or relating to these Terms of Use, except that in actions seeking to enforce any order or any judgment of such federal or state courts located in Missouri, such personal jurisdiction shall be nonexclusive.

Arbitration

Any controversy or claim arising out of or relating to your use of the Site or these Terms of Use, or the breach thereof, shall be settled by arbitration administered before a single arbitrator from the American Arbitration Association under its Commercial Arbitration Rules to be held in St. Louis, Missouri. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.