TERMS & CONDITIONS

//TERMS & CONDITIONS
TERMS & CONDITIONS2018-07-29T06:06:53+00:00

Terms & Conditions of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.  Users of this site agree that use of this site is subject to the following terms and conditions and other applicable law.

Use of Site

This website is operated by Apollospace, LLC (“Apollospace”).  The terms “we”, “us” and “our” refer to Apollospace.  “You” and “User” refer to any person(s) visiting Apollospace sites and purchasing products from Apollospace.  Apollospace offers the use of this website, or any other website owned by Apollospace, including all information, tools, products, and services available from this site to the user, conditioned upon your acceptance of all terms, conditions, and policies stated herein.

By visiting our sites and purchasing products from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms & Conditions” or “Terms”), including those additional terms and conditions and policies referenced herein.  These Terms apply to all users of this and other Apollospace sites.  If you do not agree to all the terms and conditions of this agreement, then you may not access our websites or use any of our Services.

By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.  If you are under 18, you may use our Services only with involvement of a parent or guardian.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services or any contact on our websites through which the Service are provided, without express written permission by Apollospace.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using our sites or their contents: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service on this or any related website for violating any of the prohibited uses.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of these Terms will result in an immediate termination of use of our sites and Services.

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including any Apollospace representative, member, officer, owner, employee or contractor, as well as other members or visitors to our sites is prohibited. You may not upload to, distribute, or otherwise publish through our sites any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that may constitute or encourage a criminal offence, violate the rights of any party, or may otherwise give rise to liability or violate any law. You may not upload commercial content on our sites or use our sites to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Apollospace does not, and cannot, review all communications and materials posted on, or created by, users accessing our sites.  Apollspace is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on our sites, Apollospace is merely acting as a passive conduit for distribution and is not undertaking any obligation or liability relating to any contents or activities on the sites.

Apollospace reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another, (d) in violation of the Prohibited Uses described above, or (e) offensive or otherwise unacceptable to Apollospace in its sole discretion.

Privacy

This is a secure site.  We keep your data secure by using SSL (Secure Sockets Layer), the standard security technology for establishing an encrypted links between our server and your browser. This link encrypts any information you input  and ensures that all data passed between the our server and you browsers remain private and integral.  SSL is an industry standard, used by millions of websites to protect online transactions with customers.   Any information that Apollospace collects is gathered solely for the purpose of providing you with our Services.  Apollospace does not share, sell, or otherwise make your personal information available to third parties.

We may use your personal information for internal purposes, such as processing orders and to keep you informed and updated with information about your account and order(s) with us. You may periodically receive information from us about new features, new services or products, and special offers we think you will be interested in. You can opt out of any bulk mailing/email messages at any time.

We follow generally accepted industry standards to protect the personal information submitted to us from unauthorized access or disclosure, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or other acts or omissions.

We may disclose the personal and non-personal information of our customers to any successor-in-interest, such as a company that acquires our business. We may need to disclose your personal information when required by law or when we have a good-faith belief that such action is necessary to comply with a judicial proceeding, a court order, or legal process.

Log Files

User logs are generated when users visit this site.  Log reports can tell such things as what pages you visit, the duration of your stay on the pages and website, your computer’s IP Address, but not personal information such as your name, email address, telephone number, and other personal information.

Cookies

Apollospace’s shopping cart uses cookies to track items placed in a user’s cart.  You do not need to register an account with Apollospace to use the shopping cart.  However, if register an account you will have access to past orders to see what you ordered and follow the status of your orders. 

To process your order, we collect the following: name, shipping/billing address, email address, phone number, and payment information.  Credit card information is not stored by Apollospace after an order has been processed.  We partner with one or more e-payment/credit card processing companies for processing your payment (currently PayPal and Stripe).  PayPal’s Privacy Policies can be found at: https://www.paypal.com/us/webapps/mpp/ua/privacy-full?locale.x=en_US. Stripes’ Privacy Policies can be found at: https://stripe.com/us/privacy.

Advertising Cookies/Google Ads

Apollospace uses third-party advertising companies, such as Google, to show advertisements when users visit our websites. These companies may use information (not including name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to this or other websites.  Google uses cookies to help serve the ads it displays on its partners’ websites, including this website.  Google’s use of advertising cookies enables it and its partners to serve ads to users based on user visits to this and/or other websites on the Internet.  When you visit this website, a cookie may be dropped on your browser.

Users can opt out of a third-party vendor’s use of cookies for personalized advertising by visiting www.aboutads.info.

You can learn more about Google’s advertising policies and cookies by visiting: https://www.google.com/policies/technologies/ads/

Your Account & Orders

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Accuracy of Information

Apollospace is not responsible if information available on our sites that is not accurate, complete, or current. The material on our sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more recent sources of information.  Any reliance on the material on our sites is at your own risk.

This site may contain certain historical information. Historical information is provided for your reference only.  We reserve the right to modify the contents of our sites at any time, but we have no obligation to update any information.  You agree that it is your responsibility to monitor changes to our sites.

Occasionally there may be information on our sites or in our Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

In the event that an Apollospace product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for any product listed at the incorrect price.  Apollospace reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Apollospace, through one of its payment partners, shall issue a credit in the amount of the incorrect price that was paid.

We undertake no obligation to update, amend or clarify information in the Service or on any related websites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service, or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Products & Services

Certain products or services may be available exclusively online through our websites. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We make every effort to display the color, tone, and contrast of all graphics, images, and products that appear on our sites and in our stores as accurately as possible.  We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.  We do, however, guarantee the authenticity of all flown and/or autographed items we sell with a Life-time Return Guarantee, with all such materials being accompanied by a Letter of Authenticity.

Sales/Discounts/Coupons

Sales, Discounts, and Coupons cannot be used in any manner other than as intended, or in conjunction with any other method of discount more than the intended number of times per person, unless expressly permitted by the particular discount (i.e. a coupon may or may not be allowed in combination with a site sale, depending on whether using such discounts in conjunction is expressly allowed).  Abuse of our discount system may result in the immediate termination of the user’s use of our site and Services.

Returns Policy

We want you to be completely satisfied with our Service and the items that you order.  Depending on the type of product, the condition of the product, and the reason for the return, there may be several return options available to you.

  • Unopened/Unused Products: If you return an unopened and/or unused product for any reason within ten (10) days, we will issue a full refund to your method of payment for the price of the product, including any shipping fees charged for return delivery.
  • Opened or Used Products: If you would like to return an opened or used product, or return an unopened or unused product after 10 days, we will apply an in-store credit to your account that you can use towards a future purchase. The in-store credit applied is for the price of the product only and does not include any shipping fees charged for return delivery.
  • Defective or Damaged Products: If a product you receive is defective or was damaged prior to shipping, or is not the product you ordered, we will send a replacement as soon as possible and cover the costs of tracked return of the defective, damaged, or incorrect product.
  • Clothing: If an article of clothing doesn’t fit properly, we can issue you an in-store credit to your account or swap it for the correct size, but we will charge for the new shipping fee.
  • Autographed /Flown Products: All autographed and space flown items purchased through this site are accompanied by a Certificate of Authenticity (COA) pursuant to our Life-time Return Guarantee Policy.  Any item accompanied by our original COA and original invoice can be returned anytime by the original purchaser for a full refund of the purchase price if the item is found to be anything other than as stated.  Prior confirmation is required before returning any  item under this guarantee, and a minimum thirty (30) days must be allowed for a refund to appear as a credit on your method of payment.
  • Downloaded Products: For downloaded products, returns are not allowed and no refunds will be given.  If a downloaded product you order and download is defective or damaged we will provide you with a non-defective and undamaged copy of the downloaded product at no additional cost.
  • After 31 days we cannot accept the return or issue a refund or credit for any product other than for autographed and flown items accompanied by our LOA, which have a separate return policy as described above.

To begin processing any type of return, please contact us and provide your name, the order number and item #(s), and the reason for returning the product(s).

To speed up the returns process, please return the product along with a copy of your invoice to the address provided to you and add “Return” on the address label.

When returning an item, we recommend shipping with tracking information to help ensure its safe arrival.  We are not responsible for the amount of time it takes for an item to be returned to us, or if the item is lost or damaged during the return process.

Once we have received the product and the return has been processed, we will issue a refund as described below.

We cover the costs of returns for products that were shipped incorrectly (wrong item sent) and for defective and/or damaged items (prior to shipping) for both our US and international customers.   This Policy does not apply to items damaged in transit or while being shipped, carried, or delivered through or by a third party.

To request a Return, or for more information about our Returns Policy, please contact returns@apollospace.com.

Refunds Policy

When you are due a refund, most often it is processed within 2-5 business days and issued to the payment account used for the original purchase.  If you originally paid for your order using a credit card, debit card, or PayPal, it may take up to five additional business days before the refund is reflected on your account statement.  If the original account is closed, or if the card used has expired, we will issue your refund through the mail as a check or money order within 7-14 business days.  If you originally paid using a secure form of payment, such as a wire transfer, Western Union, Cashier’s check, or money order, the refund is sent by mail to your shipping address as a check or money order within 7-14 business days.

Refunds or in-store credit will be issued once we have received and processed the return. The amount refunded or issued as an in-store credit is only for the purchase price of the returned product, unless return shipping costs are expressly allowed.

Once your money has been refunded by us, or we have requested a refund, it can take days or weeks for the refund to be reflected on your account.  Apollospace is not responsible or liable for any delays related to any refund once we have done what was necessary to effectuate the refund.

For more information on processing a return, please see our Returns Policy page. For further assistance, please contact returns@apollospace.com.

Shipping & Delivery/Risk of Loss

Apollospace will do everything we can to ensure that your purchases are packed and shipped safely and securely.  Apollospace, or one if its third-party shipping partners, will send you an email with your package’s tracking number when your order ships.  Apollospace tries to fulfill orders as quickly as possible, but we cannot guarantee nor will we be liable for shipment or delivery by a specific date.  If a product is required by a certain date and/or time, Apollospace will work with you if possible to expedite your order.  You will be responsible for any additional shipping charges and costs associated with any rushed order or expedited shipping and Apollospace will not be held liable if your order does not arrive by the specified date and/or time.  We will assist you to the extent possible if your order ships with a guaranteed delivery date and/or time by a third party delivery entity (USPS, FedEx, UPS, etc.) and your order fails to be delivered by the guaranteed delivery date and/or time, but we will not be held liable for any acts or failures to act by any third-party shipping/delivery entity.  We will also attempt to assist you to the extent possible if your order is lost or damaged during shipment.

However, Apollospace is not liable for any item once it has been shipped.

Please see below for more information on our shipping methods and options.

U.S. Shipping:

Apollospace offers free shipping on products shipping to a U.S. destination.  All shipments of products valued over $100 will be sent via USPS Priority Mail™.  Shipment of items less than $100 may alternatively ship via USPS First-Class Mail®, or in the case of books and other qualifying media via USPS Media Mail, at our discretion.  We generally pack and ship items once or twice per week, so please allow one to two weeks for delivery.

Canada Shipping:

Shipping to Canada will be via USPS First-Class Mail®.  Orders over $100 will qualify for free shipping.  We generally pack and ship items once or twice per week, so please allow one to two weeks for delivery.

International Shipping:

Apollospace offers shipping internationally (outside the U.S.) for the actual cost of postage to your destination.  Each country has its own customs and duty requirements.  Apollospace will claim items being shipped internationally based on the actual value of the item per US law.  All taxes and duties imposed by your country are your responsibility.  Products will be shipped by default via USPS First-Class Mail International, or First-Class Package International Service™ for a flat rate of $25US.  Users may opt to select a faster shipping method, such as USPS Priority Mail International® or Priority Mail Express International™, please contact us to make arrangements.  Orders over $300 will qualify for free shipping.  For international orders, please allow two to four weeks for delivery.

Notices & Communications

Apollospace may deliver any notice to you by means of e-mail, a general notice on the site, or by any other reliable method of delivery to the address you have provided to Apollospace.

Copyright

The entire content included in this site, including but not limited to text, images, graphics, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Apollospace.  Permission is granted to electronically copy and print hard copy portions of this site, or other Apollospace sites, for the purpose of placing an order with Apollospace or purchasing Apollospace products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of this site solely for your own non-commercial use, or to place an order with Apollospace, or to purchase Apollospace products.  Any other use, including but not limited to the reproduction, distribution, display, sale, resale, or transmission of the content of this site is strictly prohibited, unless expressly authorized by Apollospace.  You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Subject to the terms of the Copyright of NASA Flight Images & Acceptable Use Policy described below, all content included in or made available through any Apollospace Service or product, such as text, graphics, images, audio clips, digital downloads, data compilations, and software is the property of Apollospace and protected by United States and international copyright laws. The compilation of all content included in, or made available through, any Apollospace Service is the exclusive property of Apollospace and protected by U.S. and international copyright laws.  

No Apollospace Service or product, nor any part of any Apollospace Service or product, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Apollospace.

Copyright of NASA Flight Images & Acceptable Use Policy

Digital scans of flight images in their raw (unprocessed) form are in the public domain, and as such are covered by NASA usage policy for still image and computer files (see URL: https://www.nasa.gov/multimedia/guidelines/index.html).  Most of the raw images (including all color images) used in creating the images found on this site and contained in our products were acquired from Arizona State University, pursuant to ASU’s Agreement with NASA’s Johnson Space Center.  These unprocessed images should be credited to: NASA/JSC/ASU.  The remaining raw images were acquired from the United States National Archives.   These unprocessed images should be credited to: NASA/JSC.

The enhanced and corrected versions of the flight images found on our site, and contained in our products, were produced exclusively by and for Apollospace.  Apollospace retains the rights to any derived products created from the public domain raw images (such as processing, enhancing, and correcting digital images), in part and in whole.  These processed images (i.e. enhanced and corrected images) must be credited to: NASA/JSC/ASU/Apollospace, in the case of raw images originally acquired from ASU; and NASA/JSC/Apollospace, in the case of raw images originally acquired from the National Archives, as noted with or within each image or product.

Subject to Fair Use constraints and any expressly stated restrictions or limitations relating to specific material, you may display, download, copy, and/or print individual Apollospace processed images for your own personal non-commercial use without express permission.  Apollospace grants permission for news media, educators, and scientific users to download, reproduce, duplicate, distribute, copy, or display individual Apollospace-produced images and their complete associated captions, if applicable, for informational, educational, and research uses without express permission, subject to the inclusion of the required credit line described above.

Any other use, commercial or otherwise, including but not limited to the reproduction, duplication, distribution, copying, display, sale, resale, or transmission by any means of the processed images and processed image collections found on this site and/or contained in our products is strictly prohibited, unless expressly authorized by Apollospace.

The digital images processed by Apollospace, and any and all associated derived products, are provided with a non-exclusive, non-transferable license. These images, and any associated derived products, may not be used in any commercial or business environment or for any commercial or business purposes for you or any third parties.

Trademarks

Apollospace® is a Registered Trademark of Apollospace, LLC.  All trademarks, service marks, and trade names of Apollospace used in this site, and related Apollospace sites, are trademarks or registered trademarks of Apollospace.

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Apollospace Service are trademarks or trade dress of Apollospace in the U.S. and other countries. Apollospace’s trademarks and trade dress may not be used in connection with any product or service that is not Apollospace’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Apollospace. All other trademarks not owned by Apollospace that appear in any Apollospace Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Apollospace.

Patents

One or more patents owned by Apollospace apply to Apollospace’s Services and to the features, services, and products accessible through Apollospace’s Services.

User Comments, Reviews & Submissions

Apollospace does not review all communications and materials posted to or created by users accessing this site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on this site, Apollospace is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site.  Apollospace reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another; (d) a violation of any of these Terms & Conditions; or (e) offensive or otherwise unacceptable to Apollospace in its sole discretion.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied; the sole exception being our Life-time Return Guarantee Policy, guaranteeing the authenticity of all flown and/or autographed items sold by Apollospace, with all such materials being accompanied by an item specific Letter of Authenticity.

To the fullest extent permissible pursuant to applicable law, Apollospace disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Apollospace does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Apollospace does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Apollospace shall not be liable for any special or consequential damages resulting from the use of, or the inability to use, the materials on this site or the performance of the products, even if Apollospace has been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us regarding our Life-time Return Guarantee Policy for flown and autographed items) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Apollospace, our owners, manager(s), officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors (collectively the “Service Providers”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Indemnification

You agree to indemnify, defend, and hold harmless Apollospace, its owners, manager(s), employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third Party Links

Certain content, products and services available via our Service may include materials from third-parties. Apollospace may link to sites operated by third parties. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Apollospace has no control over these third-party sites or materials

Apollospace is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and not to Apollospace.

Reservation of Rights to Refuse Services

Apollospace reserves the right to refuse service to anyone, for violations of these Terms & Conditions or otherwise, at the sole discretion of Apollospace.

Entire Agreement

The failure by us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.

These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to our Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).

Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.

Severability

In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Term & Termination of Terms & Conditions

These Terms & Conditions are applicable to you upon your accessing our site and completing the registration and/or purchasing process. These Terms & Conditions, or any part of them, may be terminated by Apollospace without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Patents, Warranty Disclaimer, Limitation of Liability, Indemnification, and Returns Policy for Flown & Autographed items shall survive any termination.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our Services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Modifications to Terms & Conditions

We reserve the right at any time to modify these Terms & Conditions or discontinue our Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Service.

You can review the most current version of the Terms & Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our site(s) periodically for changes. Your continued use of our site(s) or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.

Applicable Law

These Terms & Conditions, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the state of New Mexico, United States.  Your use of this site shall be governed in all respects by the laws of the state of New Mexico, United States, without regard to choice of law provisions. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this site and our Services (including but not limited to the purchase of Apollospace products) shall be in the state district court located in Albuquerque, New Mexico.  Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Apollospace products) must be commenced within one (1) year after the claim or cause of action arises. Apollospace’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions 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 of these Terms & Conditions. Apollospace may assign its rights and duties under this Agreement to any party at any time without notice to you.

Resolution of Disputes

You agree that any disputes regarding these Terms & Conditions and/or arising directly or indirectly out of or relating to this site or our Services (including but not limited to the purchase of Apollospace products) that cannot be resolved informally between us, shall first attempted to be resolved through mediation by a mutually agreeable mediator prior to the initiation of any suit or claim.

Contact Information

Questions about these Terms & Conditions or our Service should be sent to jeremy@apollospace.com.