SUBJECT TO THESE SITE TERMS, ULA PROVIDES THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE SITE TERMS (INDIVIDUALLY AND COLLECTIVELY “YOU”).
ULA RESERVES THE RIGHT TO CHANGE OR MODIFY ANY OF THE TERMS AND CONDITIONS CONTAINED IN THE SITE TERMS OR ANY POLICY OR GUIDELINE OF THE WEBSITE, AT ANY TIME AND AT ITS SOLE DISCRETION. ANY CHANGES OR MODIFICATIONS WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS AND NOTICE OF SUCH CHANGES TO THE WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE FOLLOWING THE POSTING OF ITS CHANGES OR MODIFICATIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. THEREFORE, YOU SHOULD FREQUENTLY REVIEW THE SITE TERMS AND APPLICABLE POLICIES FROM TO UNDERSTAND THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF THE WEBSITE.
THESE TERMS ARE ENTERED INTO BY AND BETWEEN ULA AND YOU, AND YOU ACCEPT THEM BY (A) ACCESSING, BROWSING, AND USING THIS WEBSITE OR ANY WEBSITE OWNED, OPERATED, OR SPONSORED BY ULA, (B) REGISTERING WITH THIS WEBSITE OR A FEATURE CONTAINED WITHIN OR ACCESSED THROUGH THIS WEBSITE AND/OR (C) ACKOWLEDGING AGREEMENT WITH THESE TERMS.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
1. This Website includes without limitation: (a) information such as technical, contractual, product, program, pricing, marketing, and other valuable information; and (b) content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials. ULA controls and operates its Websites from various locations and makes no representation that this Website is appropriate or available for your use. If you are using the Website on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on your employer's behalf, and that your employer agrees to indemnify you and ULA for violations of these Terms.
1. Copyright Complaint Policy. ULA respects the intellectual property rights of others. Please refer to our Copyright Complaint Policy if you believe your intellectual property rights are being infringed by any of the material on this Website (“Material”).
2. INDEX OF PROVISIONS
1.0 General Conduct and Limited License
2.0 Third Party Content
3.0 Intellectual Property
4.0 Press Releases
5.0 General Submissions
6.0 Export Control Laws
9.0 Applicable Law and Venue
12.0 Copyright Complaint Policy
13.0 Termination and Survival
14.0 Effective Date
1.0 GENERAL CONDUCT AND LIMITED LICENSE
1.1 ULA grants you a limited license to make personal use only of this Website. Such grant does not include, without limitation: (a) any resale or commercial use of the Website or content; (b) the collection and use of any product listings or descriptions, or (c) making derivative uses of this Website and its contents. Except as noted above, ULA does not convey to you any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of ULA or any third party.
1.2 You are granted a limited, non-exclusive right to create a hyperlink to this Website provided such link does not portray ULA or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use a ULA logo or other proprietary graphic or trademark of ULA to link to this Website without the express written permission of ULA. This limited right may be revoked at any time.
1.3 You may not use, frame or utilize framing techniques to enclose any ULA trademark, logo or other proprietary information (including the images found at this Website, the content of any text or the layout/design of any page or form contained on a page) without ULA's prior express written consent. Further, you may not use any Meta tags or any other "hidden text" utilizing a ULA name, trademark, or product name without ULA's prior express written consent.
1.4 Any unauthorized use of this Website will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
1.5 You may access, display, and print copies of the Material solely for your personal, internal, non-commercial use, except as otherwise provided on the Website. No other use of the Material is authorized. You agree that the copy of the Material shall retain all copyright, trademark, and other notices in the same form and in the same manner as such notices appear on the Material or on the Website. You may not otherwise reproduce, modify, distribute, transmit, post, or publish the Material without ULA’s prior written consent. See also Section 3.3.
1.6 You may not, without the prior written consent of ULA, use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, program, algorithm, or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through the Website. You also may not engage in the mass downloading of files from the Website; use the computer processing power of the Website for purposes other than those permitted above; or flood the Website with electronic traffic designed to slow or stop its operation.
2.0 THIRD PARTY CONTENT
2.1 This Website may include Material contributed by third parties, owned by third parties, as well as links to websites owned by third parties (singularly and collectively “Third Party Material”). Access to and use of any Third Party Material is at your own risk. ULA makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third Party Material. Third Party Material is not under the control of ULA and ULA is not responsible for the content of any Third Party Material, or any review, changes or updates to such Third Party Material. ULA is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by ULA of the Third Party Material or any information contained therein. When leaving the ULA Website, you should be aware that the Site Terms of ULA and its policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.
2.2 If a third party links to our Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our Website. A Website that links to our Website:
a) May link to, but not replicate, our content;
b) Should not create a browser, border environment or frame our content;
c) Should not imply that we are endorsing it or its products;
d) Should not misrepresent its relationship with us;
e) Should not present false information about our products or services; and f) Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
2.3 ULA’s inclusion of Third Party Material on the Website does not grant you rights or licenses in the Third Party Material. You agree to defend and hold ULA harmless from any liability that may result from your use of the Third Party Material.
2.4 While visiting this Website, you shall not submit, upload, post, publish, distribute or transmit: (a) material that is inaccurate, illegal, indecent, obscene, libelous, defamatory, false, misleading, racist, violent, or otherwise objectionable to ULA or other users of this Website; (b) material other than that which may be requested by an interactive application or tool on the Website; (c) unsolicited advertising, promotional material, or other forms of solicitation; (d) material that would infringe the intellectual property, privacy or other rights of third parties; (e) a computer virus, worm, Trojan horse or other element destructive to the Website or any ULA hardware or software accessible through the Website; or (f) a digital or manual signature, password, or other element impersonating a ULA employee or other person or otherwise misrepresenting your affiliation with a person or entity, or any forged Transmission Control Protocol with Internet Protocol (TCP/IP) headers or parts of a header, or otherwise attempt to gain unauthorized access to ULA's computers, software, data, accounts, or databases.
2.6 You remain solely liable for the content of any messages or other information and materials you upload or transmit to this Website, including any discussion forums or interactive areas of the Website. You agree to indemnify and hold harmless ULA from any claim, action, demand, loss, or damages (including attorney’s fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party.
3.0 INTELLECTUAL PROPERTY
3.1 This Website and the Materials comprise ULA and third party intellectual property and are protected by the law of the United States of America and other countries. Except as otherwise provided in these Site Terms, nothing contained herein shall be construed as granting any license or right to you under any patent, trademark, copyright, or other intellectual property right of ULA or any third party.
3.2 United Launch Alliance, ULA, United Launch Services, ULS, Perfect Product Delivery, ULA - One Community - One Mission - One Team, Delta, Delta II, Delta IV, Atlas, Atlas V, their logos and product markings, and the products and services described in this Website, are among the trademarks, service marks, or registered trademarks owned by ULA or others, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ULA. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress owned by ULA, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ULA. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners, and may not be copied, imitated or used, in whole or in part without the prior written permission of such respective owners. Any request for grant of a license to use ULA marks is subject to prior approval, and should be addressed to firstname.lastname@example.org.
3.3 All Materials, including, without limitation, the design, text, graphics, pictures, sound files, and other files, and the selection and arrangement of those materials are copyrighted, ALL RIGHTS RESERVED, by ULA and/or third-party licensors. Except as stated in these Site Terms, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ULA or the respective copyright owner. Permission is granted to access, display, and print copies of the Materials on this Website solely for personal, internal, non-commercial use; provided that, you may not, without the permission of ULA or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials. Any request for grant of a commercial license to ULA copyrighted materials is subject to prior approval, and should be addressed to email@example.com. Notwithstanding the above, ULA permits the use of images and videos accessible on this Site for editorial media use only, and not for commercial or advertising purposes, provided that the user complies with the licensing requirements of Section 1 herein, maintains all copyright and other proprietary notices contained in the Materials and does not modify the Materials.
4.0 PRESS RELEASES
The information contained within press releases issued by ULA should not be deemed accurate or current except as of the date the release was posted. ULA has no intention of updating, and specifically disclaims any duty to update, the information contained within the press releases.
5.0 GENERAL SUBMISSIONS
6.0 EXPORT CONTROL LAWS
Any software and all underlying information and technology (“Software”) owned or entrusted to ULA that are downloaded from this Website by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
7.1 THIS WEBSITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS WEBSITE, IS AT YOUR SOLE RISK. BY SIMPLY PROVIDING ACCESS TO THE ULA WEBSITE, ULA DOES NOT WARRANT OR REPRESENT THAT:
1. THE CONTENT IS ACCURATE OR COMPLETE;
2. THE CONTENT IS UP-TO-DATE OR CURRENT;
3. ULA HAS A DUTY TO UPDATE ANY CONTENT;
4. THE CONTENT IS FREE FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS;
5. THE CONTENT IS FREE FROM CHANGES CAUSED BY THIRD PARTIES; AND
6. YOUR ACCESS TO THE ULA WEBSITE WILL BE FREE FROM INTERRUPTIONS, ERRORS, COMPUTER VIRUSES, OR OTHER HARMFUL COMPONENTS.
7.2 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY SHALL ULA, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN PROVIDING THE WEBSITE, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA, SOFTWARE OR HARDWARE ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEBSITE, THE MATERIAL, ANY ULA PRODUCT OR SERVICE, OR ANY OTHER HYPERLINKED WEBSITE, OR ANY DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE MATERIAL PRESENTED, EVEN IF ULA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ULA’S LIABILITY IS LIMITED TO THE GREATEST EXTENT OF THE LAW IN SUCH JURISDICTIONS.
7.3 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ULA, ITS SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN PROVIDING THE WEBSITE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED $5.00 OR THE COMPENSATION YOU PAID ULA, WHICHEVER IS LESS.
1. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
1. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.
9.0 APPLICABLE LAW AND VENUE
These terms and conditions shall be governed in accordance with the laws of the State of Colorado. Any lawsuit filed regarding these Terms shall be filed in either the Colorado District Court located in Arapahoe County, Colorado, or the United States District Court located in Denver, Colorado. You further agree that the substantive law of Colorado shall apply in such lawsuit without regard to the conflict of law rules of Colorado. You hereby consent to the jurisdiction and venue of both the Colorado District Court located in Arapahoe County, Colorado, and the United States District Court located in Denver, Colorado.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
11.2 Personally Identifiable Information. When you visit this Website, ULA will not collect any personal information about you unless you provide it to us voluntarily. Personal data include information that is specific to you such as name, street address, telephone number, and e-mail address. If you choose not to provide us with personal information, you can still access this Website; however, you will be unable to participate in some of the features.
Please keep in mind that if you, for any reason, disclose personally identifiable information or personally sensitive data through this Website, this information may be collected and used by ULA.
11.3 How ULA Uses Personally Identifiable Information Collected on this Website. ULA may use personally identifiable information to:
a) Authenticate that you are the user matching a specified account;
b) Manage your profile;
c) Respond to your comments or requests for information;
d) Communicate with you regarding ULA business;
e) Make the user experience more customer friendly; and
f) Comply with legal requirements.
ULA does not rent, sell, or trade any personally identifiable information about you (e.g., e-mail addresses) to third parties. Certain sections or features of this Website may disclose information to third parties assisting us in processing a transaction requested by you. To cooperate with legitimate governmental requests, subpoenas, or court orders, to protect ULA and/or ULA’s customers, or to ensure the integrity and operation of ULA, ULA may access and disclose any information it considers necessary or appropriate under the circumstances.
11.4 International Data Transmissions. If you are one of ULA’s international visitors, ULA realizes that you may want to know whether your personal information will be transferred out of your country of origin. Please be aware that when you register or request a transaction on this Website, your personal data may be transferred to computers in the United States to process your request.
11.5 Other Information ULA May Collect From Website Visitors. When you visit this Website and you have not otherwise identified yourself (e.g., via registration), the ULA web server automatically recognizes your domain name, but not your e-mail address. ULA may collect the domain name and monitor general site use and traffic patterns to improve this Website. ULA may use web server logs to collect data for metric purposes. Examples of the types of data that may be collected on the logs are IP addresses, referral pages, date and time of Website access, and portions of this Website visited.
If you are asked to register on a ULA Website, in some instances ULA may use “web beacons" that recognize a unique identifier from a cookie placed on your hard drive by another website. These will be used by ULA solely to gauge the success of ULA marketing and publications. ULA does not use tracers to gather information on your use of the internet unrelated to ULA or this Website. Please note that ULA does not use web beacons to identify your personal information, and you remain anonymous unless and until you choose to register.
11.7 Security. ULA does not treat your general interaction with this Website as your proprietary, confidential and/or trade secret information. However, certain sections or features of this Website may conduct transactions for which heightened security is appropriate. For instance, sections or features of this Website encrypt your personal information so that only appropriate personnel are able to decode your information. Note that most internet browsers also offer security alerts that permit you to determine whether your transmissions are protected. Please refer to the agreements and policies applicable to any Website for which you provide personal information to ensure that you understand applicable security practices.
11.8 Children’s Privacy. ULA asks children under thirteen (13) years of age not to transmit any information to this Website. ULA welcomes the parent or guardian of a child under that age to use this Website and provide any information, service, or product gained from this Website to their child. ULA does not knowingly intend to collect personal information from children under thirteen (13) years of age.
If a child has provided ULA with personal information, a parent or guardian of that child may contact us at: firstname.lastname@example.org. ULA will then make reasonable efforts to delete the child's information from the database that stores information.
11.9 External Links. For the convenience of visitors to this Website, ULA may provide links to third party websites that are external to this Website. These websites are not operated or controlled by ULA, and ULA is not responsible for the privacy practices or the content of such external websites.
12.0 COPYRIGHT COMPLAINT POLICY
12.1 Notice of claims of copyright infringement on this Website can be submitted to the ULA Copyright Agent at: email@example.com.
12.2 ULA respects the intellectual property rights of others. If you believe that your work has been copied and has been posted to this Website in a way that constitutes copyright infringement, please provide the following written information:
1. Your electronic or physical signature;
2. identification of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the Website;
4. Your address, telephone number, and e-mail address;
5. aA statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is current, accurate and complete and that you are the copyright owner or authorized to act on the copyright owner's behalf.
12.3 Upon receipt of the written notification containing all the information requested in Section 12.2, ULA may, at its discretion, elect to remove the allegedly copyrighted work. In the event ULA elects to remove the allegedly copyrighted work, ULA:
1. Shall remove or disable access to the material that is alleged to be infringing;
2. Shall forward the written notification to such alleged infringer; and
3. Shall take reasonable steps to promptly notify the alleged infringer that ULA has removed or disabled access to the material.
12.4 If you believe that your copyrighted works were incorrectly removed from this Website because of a copyright complaint, you can submit a “counter notification” to ULA at: firstname.lastname@example.org. To be effective, a counter notification must be sent to the above email address and include the following information:
1. Your physical or electronic signature;
2. Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake o misidentification of the material to be removed or disabled;
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States of America, for any judicial district in which ULA may be found, and that you will accept service of process from the person who provided notification or an agent of such person.
12.5 Upon receipt of a counter notification containing the information requested in Section 12.4, ULA may, at its discretion, elect to replace the removed material. In the event ULA elects to replace the removed material, ULA:
1. Shall promptly provide the complaining party with a copy of the counter notification;
2. Shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days;
3. Shall replace the removed material or cease disabling access to the material within fourteen (14) business days following receipt of the counter notification, provided ULA has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on ULA's network or system.
13.0 TERMINATION AND SURVIVAL
13.1 These Site Terms shall expire when you discontinue use of this Website.
132 ULA reserves the right to change or modify these terms, or terminate these Site Terms at any time. In the event of breach of these Site Terms, ULA may terminate your current and future use of this Website and Materials.
14.0 EFFECTIVE DATE
These Site Terms are effective as of November 2009.
Copyright © 2010 United Launch Alliance, LLC. All Rights Reserved.