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Terms and Conditions

Welcome to ULALAUNCH.com, the website of United Launch Alliance, LLC (“Website”), a joint venture of The Boeing Company and Lockheed Martin Corporation. These terms of use (“Site Terms”) impose conditions on your access to this Website and any use you make of it, so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with United Launch Alliance, LLC or its subsidiaries or affiliates (individually and collectively “ULA”) for other products or services.

ACCEPTANCE OF TERMS OF USE FOR THIS WEBSITE

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) ACKNOWLEDGING 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. Privacy Policy. ULA believes in protecting individual user privacy. Please review and understand our Privacy Policy for the collection and use of data, including personally identifiable information collected from this Website.

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

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:

  1. May link to, but not replicate, our content;
  2. Should not create a browser, border environment or frame our content;
  3. Should not imply that we are endorsing it or its products;
  4. Should not misrepresent its relationship with us;
  5. Should not present false information about our products or services;
  6. 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.

2.5 ULA has the right, but not the obligation, to monitor any activity and material associated with its forums and interactive areas. ULA may investigate any reported violation of its policies or complaints and take any appropriate action. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Material. ULA reserves the right and has absolute discretion, to remove, screen, or edit any content that violates these provisions or is otherwise objectionable. To cooperate with legitimate governmental requests, subpoenas or court orders, to protect ULA's systems and customers, or to ensure the integrity and operation of ULA's business and systems, ULA may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted materials. ULA's right to disclose any such information shall govern over any terms of ULA's Privacy Policy.

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 contact.us@ulalaunch.com.

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 contact.us@ulalaunch.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

Do not use this Website as a means of submitting information you consider to be proprietary, confidential, and/or trade secret information (“Proprietary Information"). Such Proprietary Information should be submitted only in connection with websites specifically allowing and providing for its receipt and protection. You agree not to submit any information that may violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of another person. Except as otherwise expressly provided in the terms of use for your transactions with any ULA Website or in a written agreement with ULA applicable to your particular use of a ULA Website, any submission of materials by you will be considered a contribution to ULA for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to ULA, or postings on this Website, are submitted on a non-confidential basis (subject to our Privacy Policy), and will become the sole property of ULA. ULA shall own exclusive rights, including all intellectual property rights. ULA may, without restriction, use, reproduce, make derivative works thereof, publicly perform, display, and distribute these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you and have or permit others to do so. The submission of any materials to ULA, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

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.

7.0 DISCLAIMERS

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.

8.0 INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ULA, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN PROVIDING THE WEBSITE, FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DAMAGES, COSTS, OR OTHER EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) THAT ARISE DIRECTLY OR INDIRECTLY FROM: (A) USE OF THE WEBSITE OR THE MATERIAL, (B) BREACH OF THESE TERMS OF USE AND/OR (C) YOUR SUBMISSIONS TO THE WEBSITE.

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.

10.0 SEVERABILITY

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.

11.0 PRIVACY POLICY

If you are located in California click here for the Data Protection Notice applicable to you.

11.1 ULA is committed to protecting your privacy. Please read the ULA Privacy Policy below. This ULA Privacy Policy applies to data collected by ULA through its Websites. It does not apply to ULA Websites and services that do not display or link to this statement or that have separate privacy statements.

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:

  1. Authenticate that you are the user matching a specified account;
  2. Manage your profile;
  3. Respond to your comments or requests for information;
  4. Communicate with you regarding ULA business;
  5. Make the user experience more customer friendly; and
  6. 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.

11.6 Use of Cookies or Web Beacons. Cookies are small data files placed on your hard drive by a website server when you visit. This Website may use cookies for tracking purposes or to make our Website easier to use. An anonymous visitor to this Website remains anonymous in all cases. ULA does not attempt to identify visitors if the visitor does not voluntarily submit personal information to ULA. With most internet browsers, you can erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Cookies offer enhanced functionality to the user, but you retain permission to allow a cookie to be placed on your computer.

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: contact.us@ulalaunch.com. 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.

11.10 Changes to this Privacy Policy. ULA may revise this Privacy Policy at its discretion. The date of this version of the policy is noted below, so you know when it was last updated. ULA advises you to check back periodically to review the Privacy Policy because users of this Website will be prospectively bound by the then-current version of this Privacy Policy.

11.11 This Privacy Policy is effective as of November 2009.

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: contact.us@ulalaunch.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: contact.us@ulalaunch.com. 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.

13.2 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.

13.3 Sections 3 (Intellectual Property), 5 (General Submissions), 6 (Export Control Laws), 7 (Disclaimers), 8 (Indemnity), 9 (Applicable Law and Venue), 11 (Privacy Policy), and 12 (Copyright Complaint Policy) shall survive any termination or expiration of these Site Terms.

14.0 EFFECTIVE DATE

These Site Terms are effective as of November 2009.

Copyright © 2010 United Launch Alliance, LLC. All Rights Reserved.