1. DEFINITIONS

“Orbital Memorials” means Orbital Memorials LLC, whose principal mailing address is at 512 West Martin Luther King Jr. Blvd, Suite 265, Austin, TX 78701.

“Service” or “Services” means Orbital Memorials’ products, services and tools.

“Site” refers to the official Orbital Memorials website at www.orbitalmemorials.com accessible by the user through the world wide web.

“Partial Refund” means a full refund of the service cost minus the cost of shipping and handling, and a twenty (20) dollar processing fee.

“Terms of Use” or “Terms” the agreement specified by this document

“Space Flight Capsule” is the receptacle for the customer’s cremated ashes.

“Memorial Satellite” is the overall structure to be sent to space. This holds Space Flight Capsules.

“Memorial Kit” is the kit sent by Orbital Memorials to retrieve the customer’s cremated ashes.

 

  1. AGREEMENT TO TERMS OF USE

Orbital Memorials reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree these Terms and its changes.

2.1 INDEMNITY

You agree to indemnify and hold Orbital Memorials, its officers, directors, successors in interest, employees, and agents, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Orbital Memorials by any third party due to or arising out of or in connection with your use of the Site.

 

  1. LEGAL POINT OF CONTACT

For any formal or informal disputes, please direct all communication legally made to info@orbitalmemorial.com.

 

  1. DESCRIPTION OF SERVICE

Unless explicitly stated otherwise, any new feature that augments or enhances the current Service shall be subject to the Terms defined in this document. All Services and products are provided “AS-IS”. You agree that the form and nature of the Services which Orbital Memorials provides may change from time to time, may stop providing services or features, at Orbital Memorial’s discretion without prior notice to you. By using or purchasing our Services you understand and agree to our Privacy Policy and are 18-years of age or older.

 

  1. PRIVATE AND STORAGE OF INFORMATION

You acknowledge and agree that Orbital Memorials has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services. You further acknowledge that Orbital Memorials reserves the right to change these general practices and limits in its sole discretion. You must contact Orbital Memorials directly regarding the closure of your account.

Our privacy policy is available separately at www.orbitalmemorials.com/privacy-policy.

 

  1. RETURN POLICY

All sales are final and we are unable to offer refunds of any kind. However, a customer can opt out of a service with a Partial Refund if all of the following conditions are met 1) the customer notifies Orbital Memorials via email within thirty (30) days of the date of purchase 2) the customer has returned the Memorial Kit and 3) the Space Flight Capsule has not been integrated into the Memorial Satellite.

 

  1. DISPUTE RESOLUTION

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Delaware and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

  1. SERVICES VOID WHERE PROHIBITED

Orbital Memorials is a registered company in the state of Delaware, USA. Although the Site is accessible worldwide, not all features, products or services discussed, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. You are solely responsible for complying with local laws if accessing the Site from outside of the United States. Orbital Memorials, in its sole discretion, reserves the right to limit or refuse service to any person or geographic area for any reason. Any offer for any feature, product or service made on the Site is void where prohibited.

 

[Last edited: 03/18/2016 20:20 CST]