Terms & Conditions / User Agreement
Before using this website and/or ordering a Launch A Wish Outer Space Time Capsule, you must review and accept this Agreement which defines your rights and responsibilities as a user of Launch A Wish.
Launch A Wish products and services and the Launch A Wish website are provided and operated in the United States of America and are governed by this agreement. Purchasing a Launch A Wish product and registering as a user results in your personal information being stored and processed in the United States. By accepting this Agreement, you specifically consent to Launch A Wish storage and use of personal data according to the terms herein.
By agreeing to these Terms & Conditions or otherwise using this Site, you warrant that you are an adult or a minor operating the site with parent or guardian consent and supervision. If a minor gains access to Launch A Wish, the parent or guardian of that minor will be held strictly responsible for that minor’s actions. If you do not agree with any provision of this Agreement, or if you have any objections to the Launch A Wish Privacy Statement, you must not purchase any products from or use any of the Launch A Wish services.
Launch A Wish is part of the EntraSpace, LLC, family of websites. Launch A Wish offers a variety of products and services giving users the multiple opportunities to participate in space missions to send their wishes, messages, prayers, tributes, etc. into space. Launch A Wish also encourages its users to learn about space and space science. Launch A Wish can be used in conjunction with the EntraSpace, LLC family of websites to enable Users to discover, learn, and be a part of space missions via virtual or physical participation.
Launch A Wish is not responsible for the quality of User submitted information. Launch A Wish will take all necessary commercially reasonable precautions to protect the privacy and security of that information once it is uploaded to the Launch A Wish database.
LIMITED USE LICENSE
Launch A Wish contains graphics, information, data, user generated information, editorial and other content accessible by users as well as the ability to enter your name and messages via the Launch A Wish products (the “Content”). All Content is owned, licensed to and/or copyrighted by Launch A Wish and may be used only in accordance with this limited use license. Launch A Wish is protected by Trademark and copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may use the Service, access Launch A Wish, use the graphics, information, data, editorial and other Content only for personal or professional research.
Republication or resale of any of the Content or other protected data is prohibited. You may use any software provided on Launch A Wish only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated that such software is made available for offline use. Launch A Wish and its licensors retain title, ownership and all other rights and interests in and to all information and Content on or available from Launch A Wish. Bots, crawlers, spiders, data miners, scraping and any other automatic access tool are expressly prohibited. Violation of this limited use license may result in immediate termination of your participation or membership and may result in legal action against you.
Each of the EntraSpace, LLC websites is subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them before using those websites.
RULES OF CONDUCT
Before using Launch A Wish, you agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights). You must also agree that you will provide valid and complete contact information, and that you will always have a valid email address on file with Launch A Wish. In addition, the following policies are part of this Agreement and must be followed anytime you access Launch A Wish:
These Rules of Conduct are not exclusive. If we believe, in our sole discretion, that you are in breach of this Agreement, are acting inconsistently with the letter or spirit of this Agreement or otherwise interfering with the efficient management or delivery of the Launch A Wish Website, Service or Content, we may limit, suspend or terminate your access to Launch A Wish. In such a case, no portion of your product payment will be refunded. Should we decide to suspend or terminate your access for any reason other than your actions or omissions which we believe to be inconsistent with this Agreement we will refund to you any unused portion of your payment, which will be your sole and exclusive remedy upon such a suspension.
LAUNCH A WISH FEES AND PAYMENTS
Users of Launch A Wish may be unregistered visitors or paying customers. The different payment options and services offered will be published on Launch A Wish or at the time a product or other service is offered. The terms and conditions applying to such items or services will be incorporated into this Agreement.
You must be 18 years old or older or a minor operating with parent or guardian consent and supervision to access Launch A Wish. You must provide Launch A Wish with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement and may effect the information added to the purchased mission type.
If you are at all unsatisfied with your purchase, you can return any unused undamaged product within 30 days for a refund equal to the price paid for the Launch A Wish product. Launch A Wish does not refund shipping & processing charges or any applicable taxes paid when applicable. All refund requests will be processed in the order received and in a timely fashion according to industry standards immediately and issued after we receive your returned item(s). If you paid for your Launch A Wish product with a credit card, your refund will be credited to the card used to make the purchase. If your order was paid for by means other than a credit card, your refund will be issued by check. If your refund is issued via check, please allow four weeks for arrival. There will be no refunds on ant redeemed launch codes.
Cancellations and Refunds Cancellations may be made by contacting us via email (contact us) and providing the same information that you provided when you ordered your Launch A Wish product. Please allow a reasonable time for the credit to reach you. We appreciate your feedback and will work diligently to make the Launch A Wish the best possible community for civilian space engagement.
Portions of Launch A Wish allow you and other Users to contribute material to be displayed on Launch A Wish (“User Provided Content”) such as digitized wishes, messages, prayers, tributes, memorials, pictures and message of dedication. For User Provided Content, Launch A Wish is merely hosting and providing access. We cannot, and expressly do not, accept any liability with regard to such User Provided Content, including with respect to its accuracy. While we cannot preview or monitor User Provided Content, we may apply, at our discretion, automated filtering tools to monitor and/or delete any content that Launch A Wish believes to be in violation of this Agreement. We reserve the right to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement. We further retain the sole and absolute right to refuse or delete any content for any reason. We highly value the copyright and other intellectual property rights of others. For complaints regarding copyright infringement, illegal or inappropriate content, please contact Launch A Wish (contact us).
The decision to submit information to Launch A Wish is your responsibility and you should only submit content that belongs to you or that will not violate the rights of others. Be aware that content belongs to the creator of that content and you should not reproduce or submit anything without permission of the owner or without proper citation where applicable. By submitting material to Launch A Wish, you represent that you have the right to do so as the owner of such material, or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws). In cases where the User’s ownership of content is called into question, you agree to furnish Launch A Wish with any documentation, substantiation, and releases we deem necessary or appropriate to verify your compliance with this provision.
Permission of Launch A Wish, which may be withheld for whatever reason.
By submitting User Provided Content to Launch A Wish, you grant Launch A Wish a royalty-free, transferable license to use, host, sublicense and distribute your submission to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby release Launch A Wish from any and all claims, liens, demands, actions or suits in connection with the User Provided Content, including, without limitation, any and all liability for any use or nonuse of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. Except for the rights granted in this Agreement, Launch A Wish acquires no title or ownership rights in or to any content you submit and nothing in this Agreement conveys any ownership rights in the content you submit to us.
We respects the rights of all copyright holders and in this regard, We have adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders on multiple occasions (“repeat offenders”). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Our Copyright Agent (as defined below) the following information required by the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512:
For copyright inquiries please (contact us).
Upon proper receipt of this information from you that substantially complies with all of the requirements above, we will investigate your claim and respond expeditiously. If we determine that the Material cited by you constitutes a copyright infringement, we will remove, or “take down” the infringing material. At that point, we will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the “counter-notice” and “put-back” provisions of the DMCA.
IN THE EVENT THAT WE DETERMINE THAT YOU HAVE REPEATEDLY UPLOADED OR OTHERWISE POSTED MATERIAL THAT INFRINGES THE COPYRIGHTS OF OTHERS, WE MAY TERMINATE YOUR ACCESS TO THE SITES.
Any sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available by Launch A Wish may be governed by rules that are separate from this Agreement. If you participate in any of our Promotions, please review the applicable rules as well as our Privacy Statement. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply to those specifically conflicting sections only.
MODIFICATIONS TO THIS AGREEMENT
Launch A Wish reserves the right to do any of the following at any time and without notice: (1) modify, suspend or terminate operation of or access to the Store or to any portion of the Store, for any reason; (2) modify or change the Store or any portion of the Store and any applicable policies or terms; and (3) interrupt the operation of the Store or any portion of the Store, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Launch A Wish may change any product or service offered in the Store, or to the applicable prices for such products or services, at any time and without notice. The information provided with respect to Launch A Wish products and services may be out of date, and Launch A Wish make no commitment to update information provided in the Store with respect to such products and services.
Launch dates for Launch A Wish missions are sometimes postponed or even canceled. If this occurs, your Launch A Wish product will be included on the next featured mission at absolutely no additional cost. Furthermore, all of your membership benefits will be extended to the new featured mission launch date, giving you insider access to additional missions that occur in the interim. While all missions are subject to delay or even cancellation, our record of past performance is our commitment to provide you with consistent spaceflight opportunities and ensure that your Launch A Wish product reaches its final destination in space.
Changes will be posted on Launch A Wish and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to Launch A Wish is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may request a refund by contacting Launch A (Contact Us). Continued use of Launch A Wish following posted changes in this Agreement means that you accept and are bound by the changes.
Launch A Wish is not responsible for typographical errors and reserves the right to cancel any order with a typographical error concerning the pricing or availability of ordered items.
Launch A Wish reserves the right to cancel an order perceived to be fraudulent or if the order requires clarification from the customer. Launch A Wish will make at least two attempts within a month of receipt of an order to contact the customer (once by phone and once by email) to clarify and confirm said order. Launch A Wish will use the contact information provided during the checkout. The order will be canceled if no response is received from the customer within 30 days of the last attempted contact.
If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect.
Launch A Wish failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by Launch A Wish or Launch A Wish of any provision or right it has to enforce these policies, nor shall any course of conduct between Launch A Wish or Launch A Wish, and you or any other party be deemed to modify any provision of these policies.
These policies shall not be interpreted or construed to confer any rights or remedies on any third parties.
Content; Launch A Wish Website or Service, and we disclaim any implied warranties or representation to the maximum amount permissible under applicable law. We offer the Launch A Wish products and Launch A Wish Website on an “as is basis” and do not accept responsibility for any use of or reliance on the Launch A Wish Website, Content or Service, or for any disruptions to or delay in the Launch A Wish Website, Content or Service. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, or fitness for purpose of the Launch A Wish Website, Content or Service. Launch A Wish does not guarantee the adequacy of the Service or Launch A Wish Website or compatibility thereof to your computer equipment and environment and does not warrant that this Launch A Wish Website, the Content, the Service, its servers, or any emails which may be sent from Launch A Wish are free of viruses or any other harmful components. Launch A Wish does not control or endorse any actions resulting from your use of the Launch A Wish Website, Content or Service and specifically disclaims any liability regarding any actions that may result from your use of the Service or Launch A Wish Website.
Limitation of Liability; Exclusive Remedy. We limit our liability to the maximum amount permissible under applicable law. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect, special, punitive or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. If you are dissatisfied with any portion of Launch A Wish, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using Launch A Wish.
Third Party Services. Launch A Wish may, from time to time, provide opportunities to Users of Launch A Wish to purchase services from third parties. The websites of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. Launch A Wish makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Launch A Wish.
If a dispute arises between you and Launch A Wish, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To that end, you agree to first contact Launch A Wish, LLC (contact us) to describe the problem and seek a resolution. If that does not resolve the issue, then you and Launch A Wish agree to the following methods to resolve any dispute or claim between us. First, you agree that this Agreement is governed by the laws of the State of New Jersey without regard to its principles on conflicts of laws, and the federal law of the United States of America. Second, you agree that you will seek arbitration consistent with the rules set forth below before initiating any litigation. If arbitration cannot resolve the issue, you agree to submit to the personal jurisdiction of the courts located within Mercer County, New Jersey for the purpose of litigating all such claims or disputes.
Any arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (collectively, “AAA Rules”). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879. YOU AND THE LAUNCH A WISH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Launch A Wish agree otherwise the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of this Agreement.
We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not without the written consent of Launch A Wish assign or transfer any of your rights and obligations under this Agreement.
You acknowledge and agree that Launch A Wish may disclose your information to third parties subject to this Agreement, the Launch A Wish Privacy Statement, and if Launch A Wish believes that it is required to do so by law or a court order or when you give permission to make such a disclosure.
In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or otherwise as a result of your contribution of User Provided Content or your use of the Services or Launch A Wish Website.
Official correspondence must be sent via postal mail to:
Launch A Wish
P.O. Box 3239
Princeton, NJ 08543
United States of America
This Agreement, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Launch A Wish.
User – the person or entity whom creates a Launch A Wish account and uses our dashboard site to input and track their wishes, messages, prayers, tributes and pictures that have been or are being prepared for launch or have been launched into outer space on the purchased mission type.
Purchase Price – the amount contained in the Invoice, which is made a part of this agreement by reference.
Distributor – an authorized distributor of Launch A Wish, LLC Outer Space Time Capsules.
Earth Orbit – a satellite is said to have orbited Earth when it is launched into space and completes at least one full revolution around Earth.
Earth-Moon System – the planet Earth and the Moon, considered as one entity consisting of two planetary bodies bound together by gravity. The Earth-Moon System as a whole has a gravitational field that affects the trajectory of physical objects (such as the Spacecraft) traveling through space near the Earth-Moon System. The Spacecraft will have escaped this gravitational field once it travels fast enough and far enough away from the Earth-Moon System such that the Spacecraft will not be drawn back to the system by the force of gravity.
Exo-Orbital Injection Burn – an orbital maneuver used to place the Spacecraft on a trajectory beyond the Earth-Moon System.
FAA-Federal Aviation Administration
Flight Capsule – a specially engineered module that will house and secure the Launch A Wish data chips, as described in Section 8. The Flight capsule will be included into the Spacecraft and later integrated on to the launch vehicle.
Integration – the physical attachment of the Flight Capsules into the Spacecraft as secondary payload. Integration generally occurs significantly in advance of the launch.
Launch Kit – The package that contains the collectible USB and commemorative Launch A Wish Coin. Launch codes are used to access the data capsule and may or may not be included in the kit depending on the specified purchase type, as described in section 3.
Launch – physical separation of the rocket from the launch pad and the ground support equipment.
Launch Date – the date upon which a Launch occurs.
Launch Service Provider (“LSP”) – The company(s) or organization(s) providing the launch vehicle and/or spacecraft used to place the Flight Capsule into space (hereinafter the “launch services provider(s).”
Lunar Surface – the surface of the Moon.
Mission Type – The unique spaceflight event that is delivering the Flight Capsule to the destination according to the purchased mission type. Description in Section 6 (Services).
Spaceflight – transporting the Flight Capsule into space according to the Service Purchased.
Processing Fees – Launch A Wish, LLC charges an additional $15 for all purchases paid for by check or money order.
Purchaser – the person or entity who pays for the Launch A Wish, LLC Service(s) available for purchase on our website. The Purchaser may also be the Primary Contact, User or launch code redeemer.
Primary Contact – the person who creates an account and is the sole contact on the account. The primary contact will be recognized by Launch A Wish, LLC to receive launch updates and tracking information.
Space – defined as at least one hundred (100) kilometers (sixty-two  nautical miles) above the Earth’s surface. Spacecraft – the system or device by which the Flight Vessel(s) are integrated to the launch vehicle. Transfer – the act of placing the cremated remains in a dedicated Flight Vessel.
Deadline – The final date that your wishes, messages, etc., must be sent to the capsule. Date will be posted on the dashboard.
Deadline Extension – If the launch date gets pushed back due to unexpected issues, Launch A Wish may extend the deadline. The extended deadline will be undated on the dashboard.
Transfer Date – The date by which the your wishes, messages, etc., will be transferred into the Flight Capsules and delivered to Launch A Wish, LLC Launch Service Providers (LSP). This date is decided by our contracted LSP. The Transfer Date may be changed and updated by Launch A Wish, LLC accordingly.
Trans-Lunar Injection Burn – an orbital maneuver used to place the Spacecraft on a trajectory towards the Moon.
1. SERVICES “Services” refers to the launch by Launch A Wish, LLC of the Flight Capsule containing the Launch A Wish data chip into space according to the Services described below.
1.1. Description of services. (Mission Type)
1.2 Multiple flight discount – Should Purchaser desire to purchase a large quantity of Launch Kits please (Contact Us).
1.3. Service components and features – Service components and features for Earth Orbital Service, Moon Lander and Voyager Service include: a) The provided data space on the Launch A Wish data chip, in accordance with the terms of the selected Service. b) The wish, message, prayer, etc., will be saved on to the Launch A Wish recording medium and are placed inside the Spacecraft. c) Periodic emails and updates will be sent to the Users & Purchasers. d) Users and Purchasers who plan on viewing the launch live can do so from public viewing areas. However, viewing may be restricted by circumstances beyond the control of Launch A Wish, LLC. e) Launch video of the Launch and associated events will be available on Facebook. g) Downloadable Spaceflight Certificate attesting to the completion of Mission. h) Mission completion performance assurance. See Section 4.6 (Mission Completion).
1.4. Optional service components and features – The following can be purchased at additional cost on the Launch A Wish, LLC website: a) Framed Memorial Spaceflight Certificate. b) Launch A Wish commemorative coins c) Wish Lanterns (you understand that you must check with your local laws prior to launching the wish lantern.
1.5. There are no other services included other than services specified in Section 1.1 (Description of services).
2. PRIMARY CONTACT INFORMATION – The Purchaser, User or Entity who will receive emails from Launch A Wish, LLC, its Subsidiaries and or partners regarding mission status, launch updates, special offers, new products, new services and or other relevant information. It is the responsibility of the Purchaser, User or Entity to inform and forward all information concerning the launch and other pertaining matters to all other family members and friends, associates and entities.
3. LAUNCH KIT – Launch A Wish, LLC will send a Launch Kit to the purchaser or recipient via US Mail. Depending upon where the customer requested shipping. If the Kit is selected to be given as a gift the kit will include a launch code. Otherwise the code will be emailed to the purchaser for instant access.
3.1. Launch code redemption and message integration into the Launch A Wish Capsule must be sent no later than the deadline, as specified in section 1 definitions, to ensure preparation for spaceflight and Service completion. If the wish message, etc. is not sent by the deadline, the user’s picture, wish, message, etc. will be sent on the next spaceflight of the same purchased mission type, as described in section 1.
4. AGREEMENT SPECIFICS
4.1. Price guarantee Launch A Wish will not increase the price of any purchased service to be rendered or delivered to Purchaser for the Flight Capsule covered hereunder, regardless of future price increases. This price guarantee applies only to the specific Flight Capsule Mission covered under this agreement. Nothing in this paragraph shall be construed to prohibit Launch A Wish, LLC from increasing its prices in the future, even if such price increases would apply to Purchaser, so long as they do not apply to the previously purchased Flight Capsule transmitted to Launch A Wish, LLC pursuant to the terms hereof.
4.2. Sever-ability If any portion of this agreement is determined to be invalid, void or unenforceable, the remainder of this agreement shall remain in full force and effect and shall not be impaired or invalidated.
4.3. All purchase amounts received by Launch A Wish, LLC under this service agreement shall be retained by Launch A Wish, LLC as income and may only be dispersed for the following reasons: a) To return funds to Purchaser pursuant to Section 4.4 (Cancellation); b) To make advance payments to the Launch Service Provider as required to secure the Mission; or to fund Launch operations activities.
4.4. Cancellation – Purchaser may, upon written request to Launch A Wish, LLC, cancel this service under certain limited circumstances, and may be entitled to a refund as follows. Under all circumstances, Processing Fees are nonrefundable. a) Cancellation by Purchaser within 30 days of date of purchase on any unused product. No refunds on redeemed launch codes or digital products. If the Purchaser cancels this service within 30 days from purchase date, Launch A Wish, LLC will refund 100% of the purchased service price paid by Purchaser as long as the product is unused and not damaged. b) Cancellation by Purchaser due to Integration delay. If the Flight Vessel has not been integrated within 2 years of receipt by Launch A Wish, LLC of Flight Capsule Earth Orbit Service, or within 5 years of receipt by Launch A Wish, LLC of Flight Capsule for Luna Service and Deep Space Service, Purchaser can submit a written request to cancel this Contract to be received by Launch A Wish, LLC no less than seven (7) days prior to deadline Integration Date. The Purchaser shall be entitled to a refund, MAXIMUM CUSTOMER REFUND IS 60% OF SERVICE CONTRACT PRICE IF FULL SERVICE CONTRACT PRICE. Cancellation is NOT POSSIBLE if the Flight CAPSULE has been Integrated onto the Spacecraft. c) Cancellation by Purchaser due to Mission cancellation. If the Launch Service Provider cancels the Launch, Launch A Wish, LLC will secure launch services from an alternative provider. If no such provider is contracted for by Launch A Wish, LLC within 180 days of flight cancellation the Purchaser may cancel the Contract and shall be entitled to a refund of 60%. MAXIMUM CUSTOMER REFUND IS 60% OF SERVICE PRICE IF FULL SERVICE CONTRACT PRICE WAS PAID.
4.5. Timing and launch date Launch A Wish, LLC can estimate, but cannot guarantee, any specific Launch date. Purchaser acknowledges that Integration Dates and Launch I certify that I have read, understood, and agree with the Cancellation Policy described in Section 4.4 (Cancellation). Launch A Wish, LLC, Inc. 2018 All rights reserved.
Dates are set by the Launch Service Provider contracted by Launch A Wish, LLC to perform the Service, and are outside the control of Launch A Wish, LLC. The dates are subject to change due to many factors, including weather, launch site schedules, other payloads, other launches, technical difficulties before and during the launch sequence, and occasional failure of launch vehicles and satellites to achieve intended destination. Launch A Wish, LLC makes no representations or warranties regarding Integration Dates or Launch Dates, including, but not limited to, their timing, firmness, flexibility or likelihood of changing.
4.6. Mission completion – Mission completion for all Services is certified by relevant service providers. The Service is deemed complete when: a) Earth Orbit Service: The flight capsule attains at least one orbit around the Earth; b) Luna Service: The Spacecraft initiates the Trans-Lunar Injection Burn; c) Voyager Service: The Spacecraft initiates the Exo-Orbital Injection Burn.
4.7. Mission failure and re-flight option – If, after the first launch attempt, the Mission is deemed not to be complete (as described in Section 4.6 (Mission completion), Launch A Wish, LLC will place an additional Flight Capsule on the next scheduled Spaceflight of a similar Mission with available vacant capacity.
5. LIMITATION OF REMEDIES; LIQUIDATED DAMAGES
Purchaser agrees that in the event that the Mission fails to complete as defined in Section 4.6 (Mission completion), determining the amount of damages, if any, will be difficult and impractical, so the liability of Launch A Wish, LLC is limited to an amount equal to that actually paid to Launch A Wish, LLC pursuant to this Contract, as liquidated damages. Launch A Wish, LLC makes no warranty that the Launch of the Flight Sample will take place on any particular date. Launch A Wish, LLC makes no warranty that once launched, the Mission will be completed. Launch A Wish, LLC makes no warranty that, as applicable (depending upon the Service chosen), there will be: launch vehicle ignition, rocket lift off, Spacecraft attains Space, or that the Spacecraft will remain in orbit for any particular length of time, initiation of the Trans-Lunar injection burn, or that burn will successfully take the Spacecraft to its intended destination, or initiation of the Exo-Orbital Injection Burn. Launch A Wish, LLC specifically disclaims any such warranties. UNDER NO CIRCUMSTANCES WILL LAUNCH A WISH, LLC BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) UNDER THIS CONTRACT, EVEN IF LAUNCH A WISH, LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. GOVERNING LAW, VENUE AND JURISDICTION
Purchaser acknowledges and agrees that this Contract is performable in Princeton, NJ, and that the laws of the state of New Jersey, without giving effect to its principles of conflicts of law, shall apply to any lawsuit or other proceeding arising out of this agreement on the services described herein other than its choice law provisions. Purchaser also agrees that by signature on this Contract (either in paper form or by e-signature on Launch A Wish, LLC website or by email), Purchaser is submitting to the exclusive jurisdiction of the courts of the state of New Jersey for any lawsuit arising out of this agreement or the services provided herein. This agreement, together with the Spaceflight Documentation and the Wish Kit procedures, contains the entire agreement between Launch A Wish, LLC and the Purchaser and User and cannot be modified except by written supplement hereto. This agreement shall be binding upon the successors, assigns, beneficiaries, heirs, and legal representatives of the parties hereto.
7. DISCLOSURES (PLEASE READ CAREFULLY)
a) By accepting our terms and conditions the Purchaser/User certifies that, to the best of their knowledge, the wishes, messages, etc., contained in the Flight Capsule are not infringing on any copyright. You further agree to not use vulgar language written within our site. b) You understand that if you do not send your wish, message, etc., to the flight capsule within the timeframe specified in Section 3.1 (Flight capsule delivery timeframe), the Service will be rescheduled for the following similar Launch A Wish, LLC Mission. c) You hereby affirm that you have been well advised and thoroughly informed about the inherent hazards of launching Rockets into space. You are aware of the risk of Launch failure. If the launch vehicle flies outside of its flight pattern, a launch official may have the authority to destroy the launch vehicle. If a Launch failure occurs, the wishes, messages, etc., will not reach the final destination, but rather will be scattered along with the remnants of the launch vehicle over some portion of the flight path. d) Launch A Wish, LLC makes no representations or warranties regarding the final destination, disposition or condition of the Flight Capsule. You should be aware that even when a Mission is deemed complete under Section 4.6 (Mission completion), and no Launch failure occurs, it may not achieve its anticipated destination. You recognize that, even when the Spacecraft achieves its intended destination, it may not remain there forever and that the ultimate outcome of a given spaceflight involves a significant number of variables that are beyond the control of Launch A Wish, LLC that may result in unpredictable outcomes or control. Below are some examples of possible ultimate destinations, dispositions or conditions of the Flight Capsule. The following examples are for purposes of illustration, and do not constitute an exhaustive list: (i) in the case of the Earth Orbital Service, eventually the orbit will decay, and the Spacecraft will fall back through Earth’s atmosphere and be destroyed, burning up in the Earths atmosphere like a shooting star; (ii) in the case of the Luna Service, the Spacecraft may orbit the moon rather than landing upon it, and the Flight Sample may continue on the Spacecraft to a different unpredictable destination; and (iii) in the case of the Deep Space Service, the Spacecraft may encounter unanticipated obstructions or collisions and thereby fail to exit the Earth-Moon system, you understand that the spacecraft may continue on a different unpredictable destination. By excepting this agreement you certify that you have read, understood, and agree with the timing and launch schedule conditions described in Section 4.5 (Timing and launch date) Launch A Wish, LLC , 2018 All rights reserved.
e) You also recognize that Launch A Wish, LLC cannot guarantee any particular Launch Date. The Launch of the Spacecraft can be delayed, even at the last minute, for any number of reasons, including weather, technical difficulties and acts of God. You also recognize that the government of the United States or other relevant jurisdiction has the authority to decide whether to permit a particular Launch.
Launch A Wish, LLC specifically disclaims all warranties of any type. SPECIFICALLY, without limiting the foregoing, Launch A Wish, LLC disclaims any warranty of suitability or fitness for a particular purpose.
9. RELEASE & INDEMNITY
YOU UNDERSTAND AND AGREE THAT THE BENEFICIARIES OF THIS RELEASE (THE “RELEASEES”) ARE (1) LAUNCH A WISH, LLC INC., A NEW JERSEY LIMITED LIABILITY CORPORATION, AND ITS OFFICERS, EMPLOYEES, AND AGENTS AND (2) THE LAUNCH SERVICES PROVIDER(S). I HEREBY RELEASE AND DISCHARGE THE RELEASEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION OF EVERY KIND OR CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY CLAIM FOR BODILY INJURY, MENTAL ANGUISH, OR DAMAGE TO PROPERTY, WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF OR THE NEGLIGENCE OF ANY PARTY OR PARTIES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES UNDER THIS CONTRACT, WHETHER IN FAVOR OF ME OR ANY FAMILY MEMBER BECAUSE OF BODILY INJURY. I AGREE TO PROTECT, DEFEND, INDEMNIFY, AND SAVE THE RELEASEEs HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION OF EVERY KIND OR CHARACTER INCLUDING WITHOUT LIMITATION, ANY CLAIM FOR BODILY INJURY, MENTAL ANGUISH, OR DAMAGE TO PROPERTY, WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF OR THE NEGLIGENCE OF ANY PARTY OR PARTIES, ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS OR SERVICES UNDER THIS AGREEMENT, WHETHER IN FAVOR OF ME OR ANY FAMILY MEMBER. I UNDERSTAND THAT THIS RELEASE DOES NOT AFFECT OR WAIVE ANY RIGHTS THAT I POSSESS AS SET FORTH IN THE AGREEMENT THAT I HAVE ENTERED INTO CONTEMPORANEOUSLY WITH LAUNCH A WISH, LLC. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS RELEASE BY READING IT BEFORE MAKING A PURCHASE.
I understand that Launch A Wish, LLC’ ability to provide this service is governed in part by agreements binding Launch A Wish, LLC, and that those agreements often include restrictions on publicity. Should media contact me before the flight information is declared official, I AGREE NOT TO BE INTERVIEWED UNTIL SUCH INFORMATION IS APPROVED FOR DISCLOSURE IN WRITING BY LAUNCH A WISH, LLC INC.
11. AGREEMENT UPDATES effective on 1/5/19 Launch A Wish, LLC
12. I certify that I have read, understood, and agree with the AGREEMENT Terms and Conditions.