TERMS & CONDITIONS

Welcome to our site (the “Site”). The Site is operated by Orbital Express, Inc. (“Orbital”, “we” or” “us”) on its own behalf or on behalf of its affiliates. This document (the “Terms of Use” or the “Agreement”) establishes the terms and conditions governing your use of the Site.

These Terms of Use, together with Orbital’s Privacy Policy, constitute a binding agreement between users of the Site (“you”, unless otherwise specified) and Orbital.

By using the Site, you acknowledge and signify that you have read, understood, and agree to be bound by this Agreement. You must agree to this Agreement in order to access or use the Site.

This Agreement contains the following provisions:

1. Your Acceptance of this Agreement

This is an agreement between you and Orbital and governs your use of the Site, its contents and services. Each time you visit, browse, order goods through, purchase goods through, advertise goods through, access or otherwise use the Site, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for the purposes of this Agreement, “person” includes any type of incorporated or unincorporated entity, including your employer), without limitation or qualification, to be bound by this Agreement for using the Site, and to comply with all applicable laws and regulations.

By accessing this Site, you represent and warrant that you are at least eighteen (18) years old and that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent.

If you do not have the legal authority to agree to and accept this Agreement, or if you are not authorized to agree to and accept this Agreement, or if you do not agree with the terms of this Agreement, then you may not use the Site.

2. Scope of this Agreement

These Terms of Use only apply to your activities when using the Site or its contents. From time to time, we may establish or authorize a Orbital service provider to establish a Orbital-branded site that operates under different terms and conditions. Those different terms and conditions will be linked to that site’s home page. Please review such different terms and conditions if you choose to visit those sites, as they govern your use thereof.

These Terms of Use do not affect or amend the terms of any other contracts you have entered into or may enter into with Orbital or a Orbital affiliate, such as carrier contracts, agency agreements, transportation and logistics contracts, and other contracts for Orbital goods or services (each of these separate contracts with Orbital and/or its affiliates is referred to as a “Orbital Contract”), and your and Orbital’s (and its affiliates’) respective obligations thereunder, except as otherwise expressly set forth in such Orbital Contract. An Orbital “affiliate” is any entity that controls, is under common control with, or is controlled by, Orbital.

3. Authority

Orbital is based in the state of California in the United States. Orbital provides this Site for use primarily by persons located in North America (United States, Canada and Mexico) and the Site is not intended to be used by persons located outside of the United States, Canada or Mexico. Orbital makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and you accept full responsibility for ensuring compliance with local laws.

4. Changes to these Terms of Use

We may modify, suspend or terminate the operation of the Site, as well as its content and offerings, in whole and/or in part, in our sole discretion, at any time and for any reason.

From time to time, Orbital may, in its sole discretion, for any reason and without any liability to you or any other person, change, supplement or amend these Terms of Use, or require that you agree to additional terms and conditions (the “Revised Terms”) in order to continue using the Site.

You may be required to agree to Revised Terms in order for you to obtain Passwords (as defined below), access certain areas of the Site or utilize certain features or functions offered on the Site by Orbital. For example, certain portions of the Site may only be accessible to those who have met prerequisite Orbital business qualifications or to those situated in particular geographic locations. Orbital may require you to agree to Revised Terms before you are allowed to post information to the Site, participate in group discussions or business forums, enter sweepstakes and contests, and engage in similar interactive activities. Such Revised Terms are incorporated herein by reference and made a part of these Terms of Use.

These Terms of Use may only be modified in writing by an authorized officer of Orbital and they may not be modified orally or in writing by our Site’s customer service representatives or our employees. You may not change, supplement, or amend these Terms of Use in any manner.

You are responsible for checking for revisions to the Terms of Use each time you use the Site and, in any event, are bound to changes to this Agreement thirty (30) days after such changes have been introduced and for which notification of substantive changes has been made (such as a notice on the home page of the Site that such change has been made.)

Any changes to the dispute resolution procedures set forth below in Governing Law and Venue shall not apply to any disputes that have been commenced prior to the changes to the Terms of Use taking effect.

5. Privacy Policy

Please review our Orbital’s Privacy Policy, which explains Orbital’s practices relating to the collection, use and disclosure of personal information you provide through use of the Site. The Privacy Policy is incorporated herein by reference and is a part of these Terms of Use. By using the Site, you are consenting to the Privacy Policy.

6. Site Ownership; Trademarks

Orbital, its affiliates and/or their licensors own the Site, its content, features, functionality and systems, including the copyright and other intellectual property rights therein. All rights not expressly granted or licensed herein are reserved to Orbital, its affiliates and licensors.

Landstar and its affiliates’ federally registered or common law trademarks may appear on the Site from time to time, including, without limitation, Orbital, Orbital Express Inc., Orbital Transport, Orbital Express, Orbital Exp, Orbital Xpress, Orbital Brokerage, Orbital Brokerage Inc., Orbitalxpress.com, Orbital Teams, (collectively, the “Orbital Trademarks”). Other product, service and company names appearing in the Site may be the trademarks of their respective owners, and are used by Orbital via license or under “fair use” principles. No right or license to use any of these trademarks or the Orbital Trademarks is granted in these Terms of Use.

7. Your Use of Site Content; Monitoring

Subject to these Terms of Use and any further restrictions set forth in the Revised Terms, Orbital hereby grants to you a non-exclusive, limited, non-sublicensable, non-transferable, revocable license to access the Site and use the information, functions and content made available to you on the Site, solely in connection with Orbital-related or Orbital affiliate-related business and not for purposes of competing with Orbital or its affiliates or for any other purpose. With respect to information and content that is identified on the Site as available to you for downloading or printing, or is configured to enable you to download or print, you may download and/or print one copy and may only use it for the Orbital-related or Orbital affiliate-related business purpose for which it was made available and not for purposes of competing with Orbital, an Orbital affiliate, or for any other purpose. You are expressly prohibited from modifying any of the Site pages or other content and from removing or altering any visible or non-visible identification, marks, notices, or disclaimers in the content that you download or print from the Site.

Where access to portions of the Site is limited to those users with valid Passwords, the license granted above with respect to those portions of the Site is applicable only to those with a valid Password and those authorized to use such Password.

No other license or rights in the Site are granted by Orbital and all licenses and rights granted may be terminated or revoked by Orbital at any time at Orbital’s sole discretion. From time to time Orbital may, without notice, monitor your use of the Site, although Orbital is not obligated to do so.

8. Passwords

You are responsible for maintaining the security of information such as user names, codes and passwords (codes and passwords are collectively referred to as a “Password”) that you are given or adopt for purposes of accessing non-public portions of the Site.

For security reasons, you must keep your user name and Passwords confidential and not disclose them to any person or permit any other person to use them, except an authorized Orbital representative. Passwords, where user-selected, must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and you must log-out at the end of each session.

You (or your employer, if you use the Site on behalf of your employer) are solely responsible and liable for any use and misuse of your user name and Passwords and for all activities that occur under your user name and Passwords. You must ensure that all uses of your user name and Passwords comply with these Terms of Use.

You must immediately notify Orbital at OrbitalXpress@gmail.com of any unauthorized use of your user name or Passwords, or if you know or suspect that your user name and/or Passwords have been lost or stolen, have become known to any other person, or have been otherwise compromised.

You agree to respond promptly to any communications from Orbital regarding your use of the Site and your Passwords.

All user names and Passwords remain the property of Orbital, and may be cancelled or suspended at any time by Orbital without any notice or liability to you or any other person. Orbital is not under any obligation to verify the actual identity or authority of the user of any user name or Password.

THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.

9. Orbital Confidential Information

Certain information appearing on the Site may be, and may be identified as, Orbital confidential information. Orbital confidential information is all information that is marked as confidential or that ought reasonably to be deemed to be confidential, including without limitation contact information for Orbital or its affiliates’ agents and Orbital or its affiliates representatives, information about Orbital, its affiliates and their respective agents’ safety procedures and systems, information about particular loads, information regarding Orbital’s and its affiliates’ services, products, customers, customer lists, bookkeeping, written contracts and agreements, rates, compensation or techniques, and additional non-public information that is accessible only via Passwords. You agree only to use Orbital confidential information as expressly permitted in these Terms of Use and as further restricted by any Revised Terms. In addition, you agree only to use such Orbital confidential information in connection with your Orbital-related or Orbital affiliate-related business, for no other purpose, and not to compete with Orbital or its affiliates. Upon Orbital’s request, you will immediately return or destroy all such Orbital confidential information in your possession and make no further use thereof.

10. Third-Party Products and Services

From time to time, the Site may contain information about third party products and services. For example, Orbital may arrange for discounts to be provided on certain third party products and services, and third party products and services may be advertised on the Site. Further, Orbital may provide a section on the Site where users may post information about their property, such as trucks, trailers and other trucking-related equipment, or services they want to sell or provide (a “For Sale By Owner Service”). With respect to all such third party products and services, you should be aware that they are not being provided by Orbital and Orbital is not responsible for such goods or services or the terms on which they may be purchased or sold. If you choose to purchase such goods or services, you should carefully evaluate them and the terms upon which you are purchasing them.

11. Load Information

From time to time, Landstar may provide you with access to load information (“Load Information”). You may use and print out such Load Information solely for the purposes of identifying loads that may suit your capabilities, contacting agents to confirm the accuracy of such Load Information for logistical and planning purposes, and/or for other commercial purposes in connection with doing business with Orbital or its affiliates, but in any case not for use to compete with Orbital, its affiliates or for any other purpose. Load Information is provided by independent agents and is not monitored or checked by Orbital for content or accuracy. ORBITAL ADVISES YOU NOT TO RELY UPON THE LOAD INFORMATION POSTED ON THE SITE AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR INACCURATE OR INCOMPLETE LOAD INFORMATION. Orbital further advises you to contact, and you do hereby agree to contact, the individual agent or agents who post the specific Load Information on the Site to confirm that such information is complete and accurate.

12. Request Mechanisms

Orbital makes available on the Site mechanisms for you to request or inquire about transportation, logistics and other non-Site-related services from Orbital or its affiliates. None of these mechanisms create a binding obligation between you and Orbital or its affiliates, and in order for you to engage Orbital or its affiliates to provide any such services, you and Orbital or the affiliate must execute separate written contracts setting forth the terms and conditions under which such services are to be provided.

13. Information you provide to Orbital on the Site

From time to time, Orbital may offer capabilities and features on the Site that enable you to post information to the Site (whether directly or through Orbital) that will be visible to other Site users who access the Site and/or that will enable you to interact with other Site users. All information or material that you or other users provide for use on the Site or post on the Site is referred to in these Terms of Use as “User Posted Content”.

Orbital may provide user online discussion and chat forums, provide for the exchange of information in connection with online load transactions, arrange for users to post Load Information, and provide other interactive features and functions for use by users of the Site. You may also choose to provide User Posted Content in the For Sale By Owners Section. You acknowledge that your use of the Site and the User Posted Content you provide is governed by the Orbital’s Privacy Policy.

Users may also from time to time submit suggestions and ideas (“Suggestions”) to Orbital via email or through User Posted Content about ways in which Orbital may improve or expand its or its affiliates’ business (such as ideas for new or improved products, services or Site features).

By posting or providing User Posted Content and/or by submitting Suggestions, you are granting to Orbital and its designees a perpetual, non-exclusive, non-terminable, sublicensable, worldwide license to use, reproduce, modify, distribute, transmit, re-transmit, create derivative works of, publicly display, publicly perform, publish, store and exploit such information and Suggestions in any way, in whole or in part, in all media now known or hereinafter discovered, without obligation to do so or further compensation to you. By posting or providing User Posted Content and/or by submitting Suggestions, you are also warranting that you have all necessary right, title and interest to grant such a license and that such User Posted Content and Suggestions do not infringe upon the rights of others, are not injurious to others, and comply with the requirements imposed on you under these Terms of Use.

You are responsible for any User Posted Content and Suggestions that you provide to Orbital or post to the Site, or that is provided or posted using your Passwords. Orbital is not responsible for any User Posted Content or Suggestions, including, without limitation, User Posted Content or Suggestions from other Site users that you may encounter in your use of the Site.

Orbital expressly reserves the right, without obligation or notice, to pre-screen, remove, modify, refuse to post, delete, block, take down, and/or edit all User Posted Content and Suggestions, for any reason, in its sole discretion.

14. Acceptable Use; Prohibited Use

You are responsible for all activities you engage in, on or through use of the Site, and those engaged in by anyone using your Passwords. You agree to use the Site in accordance with these Terms of Use, the Revised Terms, and all applicable laws, rules and regulations. You agree to keep all information you provide to Orbital or post on the Site up-to-date, complete and accurate, including, without limitation, all Load Information, personal information, User Posted Content, and all information you provide to other users.

In addition, you agree not to provide to Orbital, post on the Site, or transmit through the Site information, materials, User Posted Content or Suggestions that:

(a) are inaccurate, false, misleading, deceptive, tortious, injurious, unlawful, threatening, abusive, defamatory, obscene, lewd, lascivious, violent, harassing, offensive, pornographic, profane or indecent, or that would constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or violate applicable laws, rules and/or regulations;

(b) violate the proprietary rights of others, including, without limitation, the copyright, trademark, trade dress, patent, trade secret, or moral rights of others, or information or material that violates another’s rights of privacy, publicity or confidentiality;

(d) violate these Terms of Use.

In addition, you agree not to engage in activities on or through use of the Site or using information gathered from the Site, so as to:

(a) violate these Terms of Use or applicable laws, rules or regulations;

(b) engage in fraudulent activity;

(c) violate any terms of use, rules, policies or guidelines of your Internet access provider, online service, or sites to which this Site links;

(d) damage, delete or modify or make derivative versions of any information or material on the Site (except for deleting or modifying your own User Posted Content where the Site makes that function possible);

(e) modify any copyright or other proprietary notices or legends on the Site or information or material printed or downloaded from the Site;

(f) impersonate or misrepresent your affiliation with Orbital or frame our Site;

(g) use any robot, scraper or other automated process not provided by us to gather information or extract data from the Site;

(h) reverse engineer or copy or disassemble any programming components of the Site or otherwise endeavor to discover source code from the Site;

(i) bypass or circumvent or endeavor to bypass or circumvent measures employed to prevent or limit access to areas, code, or content of the Site;

(j) gather or use email or other contact information from other Site users except as expressly permitted by the Site and the Privacy Policy;

(k) use the Site systems to send unsolicited emails;

(l) disrupt, impair, overburden or damage the Site or others’ use thereof, such as through viruses, denial of service attacks, spamming, flooding or other disruptive components or acts;

and/or

(m) endanger or threaten the safety or security of or cause harm to any person or property.

Orbital reserves the right to report to law enforcement authorities any violation of these Terms of Use.

Nothing in these Terms of Use shall prohibit or restrict Orbital or any Orbital affiliate from complying with all applicable laws, rules and regulations, and all law enforcement requests and/or subpoenas. Orbital may use and disclose any User Posted Content, Suggestions, Passwords and personal user information as Orbital deems reasonable to comply with the law, to respond to such requests or subpoenas, to enforce these Terms of Use or Orbital Contracts, and to protect the safety of persons or property.

While this site is not directed to or expected to be used by children, parents should know that there is a significant amount of information available to them and a variety of commercially available products and services that can assist them in implementing controls to block minors’ access to adult, violent or other content that the parent prefers to block. The Federal Trade Commission maintains a website at www.onguardonline.gov that contains information about protecting kids using the Internet.

15. Copyright Infringement

Orbital respects the intellectual property rights of others, and requires that all users of this Site do the same. Orbital will investigate notices of copyright infringement and take appropriate action upon receipt of proper notification, including termination of Site access and termination of other privileges of anyone who repeatedly infringes the copyright rights of others. If you believe that your work has been used, posted or copied on the Site in a way that constitutes copyright infringement, please notify the Orbital Copyright Agent (at the address set forth below) in writing with the following information:

(a) Your real name and your current valid working email address and telephone number with which we can contact you;

(b) Identification of the work protected by copyright that you claim has been infringed or, if multiple works have been infringed, a representative list of such works;

(d) A written 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;

(e) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner; and

(f) Your electronic or physical signature.

Orbital’s Copyright Agent is: Orbital Copyright Agent, c/o Orbital Express Inc , 6508 W Fairmont Ave, Fresno, California 93723. Email: orbitalxpress@gmail.com.

16. Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity

Orbital strives to make your use of the Site a useful experience. Nevertheless, neither Orbital nor any Orbital affiliate on whose behalf Orbital is operating this Site (the “Orbital Affiliate”), accepts any liability for your use of the Site. For that reason, the following provisions apply to your use of the Site:

DISCLAIMER

YOUR USE OF THE SITE IS AT YOUR OWN RISK.

YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE SITE.

THE OPERATION OF THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND ORBITAL’S CONTROL. THE OPERATION OF THE SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY AND CONFIDENTIALITY RISKS CANNOT BE ELIMINATED.

NEITHER ORBITAL NOR THE ORBITAL AFFILIATE IS UNDER ANY OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE SITE. HOWEVER, YOU PROMISE NOT TO SHARE USE OF YOUR USER NAME OR PASSWORDS NOR TO ALLOW ANYONE TO USE THE SITE POSING AS YOU.

THROUGH OR BECAUSE OF YOUR USE OF THE SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH PERSONS OTHER THAN ORBITAL OR THE ORBITAL AFFILIATE. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. NEITHER ORBITAL NOR THE ORBITAL AFFILIATE IS A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS. ORBITAL AND THE ORBITAL AFFILIATE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WITH RESPECT TO SUCH TRANSACTIONS, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR USEFULNESS, ALL OF WHICH ORBITAL AND THE ORBITAL AFFILIATE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ORBITAL AND THE ORBITAL AFFILIATE MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:

• THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;

• THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;

• THE INFORMATION AVAILABLE ON OR THROUGH THE SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;

• PARTICULAR RESULTS OR ANY RESULTS AT ALL MAY BE OBTAINED THROUGH THE USE OF THE SITE;

• THE USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR

• THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON.

ORBITAL AND THE ORBITAL AFFILIATE DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.

ADDITIONAL DISCLAIMERS MAY APPEAR WITHIN THE SITE ITSELF AND ARE INCORPORATED HEREIN BY REFERENCE.

LIABILITY EXCLUSION

NEITHER ORBITAL NOR THE ORBITAL AFFILIATE WILL UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY ORBITAL, ANY ORBITAL AFFILIATE, OR ANY PERSON FOR WHOM ORBITAL IS RESPONSIBLE, AND NOTWITHSTANDING THAT ORBITAL OR ANY ORBITAL AFFILIATE OR PERSON FOR WHOM ORBITAL IS RESPONSIBLE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT, INCLUDING DUE TO NEGLIGENCE, WILL ORBITAL OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS OR BUSINESS INTERRUPTION, ARISING OUT OF USE OF THE SITE, SITE OPERATIONS, OR ANY CONTENT, INFORMATION, PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SITE, EVEN IF ORBITAL OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIABILITY OF ORBITAL AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THIS SITE IS LIMITED TO THE LESSER OF THE DOLLAR AMOUNT YOU PAID ORBITAL TO USE THIS SITE OR $100.

RELEASE

YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF ORBITAL, ITS AFFILIATES, AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE.

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF ORBITAL, ITS AFFILIATES, AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE SITE, THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, THE USE OF THE SITE BY SOMEONE POSING AS YOU, OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY SUCH CLAIM OR DEMAND. YOU FURTHER AGREE TO INDEMNIFY ORBITAL AND THE INDEMNIFIED PARTIES FROM ALL SUITS, DAMAGES, COSTS AND LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE USING PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SITE.

ADVICE AND INFORMATION PROVIDED BY ORBITAL, ANY OF ITS AFFILIATES, OR THEIR REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.

THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATIONS OF CERTAIN LIABILITIES MAY BE PROHIBITED BY CERTAIN LEGISLATION AND LAWS IN SOME JURISDICTIONS AND THUS MAY NOT APPLY TO YOU.

The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.

17. Links

This Site may contain links to or from sites controlled by third parties. Orbital and the Orbital Affiliate make no representations or warranties regarding linked sites or their content or goods or services you may encounter or obtain thereon. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Orbital has no control over the contents of those sites or resources, and neither Orbital nor the Orbital Affiliate accepts responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

This Site may also contain links to other sites operated by or for Orbital. Please check the terms of use and privacy policy applicable to each site you visit, as they may vary due to the nature of the sites and who is permitted to access them.

18. Termination of Your Access to the Site

Orbital, in its sole and absolute discretion, may terminate, suspend, and/or limit your access to the Site, and may revoke your Passwords or limit which individuals may use the Site through your Passwords, without notice or liability, at any time. Further, Orbital will investigate notices of copyright infringement and take appropriate action, including termination of access to the Site and Password revocation, against anyone who repeatedly infringes upon the copyright rights of others.

Termination, suspension or limitation of your right to access the Site shall not affect or terminate your obligations or the rights and licenses granted to Orbital by you under these Terms of Use, all of which survive any such termination, suspension or limitation.

19. Electronic Communications

By using this Site, you are consenting to receive communications from Orbital electronically with respect to your use of this Site and its contents, and you are agreeing that Orbital may communicate with you with respect to your use of this Site and its contents via email, by posting notices on the Site, and by other means of communication, including but not limited to postal mail.

20. Third Party Rights

The provisions of these Terms of Use are for the benefit of Orbital and its affiliates and each of these entities shall have the right to assert and enforce these provisions directly against you on its own behalf. Otherwise, there are no third party beneficiaries of these Terms of Use.

21. Forward-Looking Statements

Portions of this Site may contain forward-looking statements concerning Orbital or the financial performance of Orbital. These forward-looking statements only speak as of the date indicated or, if no such date is indicated, as of the date such statements are posted to the Site. These statements are only predictions and actual events or results may differ materially. ORBITAL EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE, AMEND, SUPPLEMENT OR OTHERWISE REVISE ANY FORWARD-LOOKING STATEMENTS CONTAINED ON THIS SITE TO REFLECT EVENTS OR CIRCUMSTANCES THAT MAY ARISE AFTER THE DATE INDICATED, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW.

22. Governing Law and Venue

These Terms of Use, your use of the Site, and all related matters shall be governed and construed in accordance with the laws of the State of California without application of its conflicts of laws principles. Except as may be expressly agreed otherwise by Orbital and you, you agree that any dispute between Orbital or any of its affiliates, on the one hand, and you, on the other hand, arising from, connected with or relating to the Site, your use of the Site, these Terms of Use or any related matters shall be brought exclusively in a federal or state court having jurisdiction thereof within the State of California. Orbital and you waive any objection to such venue based on lack of personal jurisdiction or inconvenient forum.

23. Waiver; Severability

Failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right contained herein. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms of Use.

If any provision of these Terms of Use is deemed invalid, void or unenforceable, that invalid, void or unenforceable provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.

Any rights not expressly granted by these Terms of Use are reserved to Orbital.

24. Assignment; Entire Agreement

The provisions of these Terms of Use will inure to the benefit of and be binding upon each of Orbital and its affiliates and each of their respective successors and assigns and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives.

Orbital may assign its rights and duties under these Terms of Use to any other person or entity at any time without your consent and without notice to you. You may not assign these Terms of Use, nor may you assign, license or delegate your rights, licenses or privileges provided hereunder. These Terms of Use, the Revised Terms, any other policies, guidelines, requirements, disclaimers and requirements posted on the Site by Orbital, including the Privacy Policy, except as set forth in the immediately following sentence below, comprise the entire agreement between you and Orbital regarding your use of the Site and its contents. Notwithstanding the foregoing, all terms and conditions of Orbital Contracts that relate to your use of the Site (including, without limitation, any restrictions, preconditions, limitations or requirements on or relating to such use) shall be in addition to and not in substitution of, any of the terms contained in these Terms of Use or the Revised Terms.

25. Questions or Concerns

If you have any questions or concerns regarding the Site or these Terms of Use, please contact the Orbital Express Inc at OrbitalXpress@gmail.com

26. Date

The date the Terms of Use was last modified is July 15th, 2016.