General Overview

The following Terms of Service shall apply to the relationship between Apollo Satellite Communications, LLC, all subsidiaries of Apollo Satellite Communications, LLC, and www.apollosat.com (“Apollo”), and the end user or customer (“You”). By using Apollo’s services, You accept these Terms of Service, as well as the manner in which Apollo operates. These Terms of Service constitute the entire agreement between Apollo and You and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and Apollo with respect of Your use of Apollo.

Information on Apollo found in these Terms of Service, and information found on www.apollosat.com contain rules and regulations, and You should review any and all information relating to Apollo rules and regulations on www.apollosat.com before Your use of Apollo products, hardware and services. Apollo is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material.

If you have any questions, concerns, or comments about our Terms of Service, please contact us at [email protected]

Acceptance of Terms of Service

If You do not agree to the Terms of Service, do not use Apollo.  If You access, use or download any service from Apollo, in any way, You agree to and are legally bound by these Terms of Service and also acknowledge that (1) You have had the opportunity to review the tutorials regarding the use of Apollo, (2) You have either reviewed the tutorials or have chosen not to do so, and (3) You have had the opportunity to ask questions regarding the use of Apollo by telephone or email and have those questions answered to the best of our abilities.

Changes to Terms of Service

Apollo may change (add to, delete, or amend) the Terms of Service from time to time, with our without cause. Should this occur, You agree that Apollo may provide You notice of such changes in any of the following ways: via an email from Apollo, via an RSS feed, via Apollo blog, and/ or by posting a change notice on the website for a reasonable time. It is Your responsibility to review any revised Terms of Service. Should You find any subsequent revisions to the Terms of Service unacceptable, You must discontinue using Apollo’s services. By continuing to access, use or download any service from Apollo, in any way, following notice of a revision to the Terms of Service, You agree to and are legally bound by the Terms of Service as revised.

Eligibility

By accepting the Terms of Service and/ or registering with Apollo, You confirm that You are at least 18 years of age and at least the age of majority under applicable laws of the country, state, city or other jurisdiction of Your residence, that You can engage in a binding contract, and that You meet all other eligibility requirements contained in these Terms of Service. By using Apollo, You warrant that You have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms of Service. Apollo reserves the right to permanently terminate service and Your Apollo accounts under any circumstance, at the sole discretion of Apollo, its employees, or subsidiaries.

Registering

You may register with Apollo must provide a postal address where You reside (P.O. boxes or similar arrangements are not permitted). You must not provide misleading information when registering.

If Apollo receives information that Your information is illegal, misleading, or in breach of these Terms of Service as evaluated in Apollo’s sole discretion, Your account may be frozen until You change or correct the misleading or illegal information. Apollo also may permanently terminate Your account without prior notice to You for violating these Terms of Service.

You are responsible for keeping Your account information confidential. You should never provide Your information to anyone, other than Apollo or its employees upon request.  Apollo accounts are non-transferable. Only You may use Your Apollo account. You agree to be liable for all offensive or unlawful activities that are undertaken using Your Apollo account.

Account Termination

Apollo reserves the right to temporarily suspend or permanently terminate Your account at Apollo’s sole discretion if it determines or suspects You have violated these Terms of Service, any laws, or the rights of our other users or third parties.  Unauthorized usages include, but are not limited to, not paying Your account balance for the billing period, or any other illegal activity. You agree that if Apollo, in good faith and in its sole discretion, determines that You have breached these Terms of Service, Apollo may withhold, cancel, or otherwise retain any and all of Your pending deliveries and/ or refunds for products, devices and services.

Payment

You agree to make all payments due on Your account for the respective billing period. You will be charged a late fee of 1.5% or maximum amount permitted by California law every thirty (30) days the full payment on Your account is not made. Apollo reserves the right to suspend Your account and all services after sixty (60) days of nonpayment. Apollo reserves the right to permanently terminated Your account and all services after ninety (90) days of nonpayment and send Your balance to the collections department.

Phone Damage & Maintenance

If there is a defect (including pre-existing) in the material and/or workmanship of Your individually owned satellite phone, and the phone has been subject only to normal use and service, Apollo agrees to replace the satellite phone at no charge as long as You return it in accordance with these Terms of Service to Apollo. The replacement satellite phone may be a new or reconditioned satellite phone of equal or comparable value. Non-original manufacturer’s parts may be used in reconditioned satellite phones. All satellite phones replaced by Apollo shall become property of Apollo. Apollo does not cover the following: defects or damage resulting form use of the satellite phone in other than its normal and customary manner; defects or damage from misuse, accident or neglect; defects or damage from improper testing, operation, maintenance, installation, adjustment, or any alteration or modification of any kind; breakage or damage to antennas unless caused directly by defects in material or workmanship; satellite phones disassembled or repaired in such a manner as to adversely affect performance or prevent adequate inspection and testing to verify any warranty claim; satellite phones with labels removed or illegal serial numbers; defects or damage due to spills of or immersion in food or liquid; scratches on all plastic surfaces and externally exposed parts resulting from normal use; and/or damage resulting form normal wear and tear.  Apollo offers a monthly insurance plan that covers any phone damage for $10.00 a month; this policy also includes a $250.00 deductible to fix any phone damage under the Apollo insurance plan.

Firmware Update & Maintenance

Apollo devices and services require routine firmware update and maintenance that is solely Your responsibility.  Before performing any firmware update, please read the device or product manual included with Your device(s).  Improper device and firmware updates may damage the firmware and thus can result in a defective device.  Apollo is not liable for any damages caused by Your improper device and firmware updates.

Reviews and Comments

You may post reviews and/or comments, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political messages, commercial solicitation, chain letters, mass mailings, or any other form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content You post. Apollo reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. Apollo also reserves the right to prohibit You from posting additional comments.

If You do post content, and unless we indicate otherwise, You grant Apollo a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Apollo and its affiliates the right to use the name that You submit in connection with such content. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify Apollo for all claims resulting from content You supply. Apollo has the right but not the obligation to monitor and edit or remove any activity or content. Apollo takes no responsibility and assumes no liability for any content posted or communicated by You.

Returns/Cancellations

Apollo allows winners the right to cancel or return an order in accordance with Apollo’s Returns Policy, which Apollo may change from time to time in Apollo’s sole discretion. If You cancel an order to which the cancellation provision apply. You will be entitled to a refund (including shipping costs if no items have been shipped) only when goods are defective or damaged. Returns on dissatisfaction of personal tastes or subjective reasons are not accepted.

Should Apollo incur additional costs for insufficient postage on the return, these costs will be deducted from any previous payment remitted by You. Should Apollo not be able to deliver the product ordered or the product won for any reason, You will have the option to accept an alternative but comparable item, as determined by Apollo in its sole discretion, or receive a refund of the amount (including shipping costs, if any) You have paid.

For all other questions and information, please refer to our Returns Policy on www.apollosat.com.

Delivery

Deliveries are made domestically within the United States and its territories and internationally to any country or territory that permits the important of satellite phones and other devices. Unless otherwise stated, delivery will be made directly from our facilities to the address provided by You. Delivery times vary; therefore, any time provided is only a guide. Apollo shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport must be reported to Apollo upon receipt.

Withholding Payment/Retention of Title

You agree that the satellite phone or any other device or item delivered shall remain Apollo’s property until Apollo receives payment in full, including shipping costs.

Disclaimer of Warranty and Liability Regarding Use of Apollo

You agree that use of Apollo is at Your sole risk. Neither Apollo nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by Apollo, or the like, warrant that websites affiliated with Apollo, including, but not limited to, Apollo, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published on Apollo may contain inaccuracies or typographical errors. Apollo makes no warranty as to the results that may be obtained from the use of Apollo or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Apollo. Apollo shall not be responsible for any opinions, views, advice, or statements posted on Apollo (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized Apollo spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized Apollo spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification.

Your use of Apollo is at your own risk. Apollo products, devices and services, including the service and software on the website, is provided by Apollo on an “as is” and “as available” basis. To the fullest extent permissible by applicable law, Apollo disclaims all express and implied warranties, including but not limited to, implied and statutory warranties of merchantability, fitness for a particular purpose, and non-infringement.  

Apollo makes no representations or warranties of any kind, express or implied, as to the operation of Apollo, security of the website, the results that may be obtained from the use of Apollo, the availability of any goods or services offered on or through the website, including email, or the information, content, materials, or products included on the website. Without limiting the previous, Apollo does not warrant that the materials are accurate, reliable or correct, that the website will meet Your requirements, that the website will be available at any particular time or location, uninterrupted or secure, that any defects of errors will be corrected, or that the materials are free of viruses or other harmful components. Any service or software downloaded or otherwise obtained through the use of the website is done at Your own risk and discretion, and You will be solely responsible for any damages to Your computer system or loss of data that results from the download or installation of any such material. Some states of other jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to You.  No advice or information, whether oral or written, obtained by You from the website or service shall create any warranty not expressly stated in these Terms of Service.  

You expressly understand and agree that Apollo will not be liable for any damages of any kind arising from the use of or inability to use the website, software, or any related services, including, but not limited to, direct, indirect, incidental, consequential, special, exemplary, and punitive damages, whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if the provider has been advised of the possibility of such damages).  

The limitation of this section shall apply notwithstanding any reliance on any information obtained from Apollo or that results from mistakes, omissions, interruptions, deletion of files or emails, errors, defect, viruses or other malicious code, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to provider records, programs, or services and whether or not Apollo has been advised of the possibility of such damages. User hereby acknowledges that this limitation shall apply to all content, merchandise, and services available through Apollo.  This limitation of liability shall apply whether damages arise from assembly, use or misuse of or reliance on Apollo services or items purchased through Apollo, from inability to use Apollo’s service or items purchased through Apollo, or from the interruption, suspension, or termination of Apollo’s services (including such damages incurred by third parties).  

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation and exclusions may not apply to You.  If you are dissatisfied with any part of Apollo, You should discontinue Your use of Apollo products, devices and services. 

Disclaimer of Warranty and Liability Regarding Purchases from Apollo

Except for the warranties set forth above, Apollo makes no other warranties, either express or implied, with respect to the products, or any related services performed by Apollo or any of its agents or subcontractors in connection with any order, including, without limitation, any warranties or merchantability or fitness for a particular purpose.  You agree that Apollo shall not be liable for personal injury and property damage resulting from the use, improper handling, modification, or misuse of the products by You or any other person following delivery by Apollo. In no event shall Apollo be liable to You or any other person for incidental or consequential damages including, but not limited to, loss of profits or goodwill, loss of use damages or additional expenses incurred, whether pursuant to a claim in contract, tort or otherwise, and whether in an action for breach of warranty or otherwise.

Indemnity

You agree to indemnify, defend, and hold Apollo and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the “Indemnified Persons”) harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys’ fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (1) Your use of Apollo or any of the services offered by Apollo, (2) any violation of these Terms of Service by You or any person acting in collusion with You, (3) any violation of applicable law or court order by You, and (4) any negligence or willful misconduct by You.

System Outages

With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. Apollo, therefore, provides no guarantee for the constant and uninterrupted availability of the website and other technical systems. Apollo shall not be liable for any damage incurred by you or third parties from using Apollo’s services. In particular, Apollo shall not be liable for damage that occurs due to an event that is not reasonably foreseeable or otherwise caused by or under the control of the Apollo, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage terrorism, vandalism, accident, restraint of government, governmental acts, injunctions, labor strikes, events that prevent Apollo from furnishing the materials or equipment, and other like events that are beyond the reasonable anticipation and control of Apollo, despite Apollo’s reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to Apollo’s failure to perform its obligations under these Terms of Service, or as a consequence of technical errors or any other unforeseen circumstances.

Trademarks

Apollo’s logos are trademarks of Apollo. All rights reserved. Any trademarks appearing on Apollo are the property of their respective owners.

Service and Support for Products Purchased

All requests for technical service and support on products purchased on Apollo should be made directly to the manufacturer in accordance with their Terms of Service.

Dispute Resolution

By agreeing to these Terms of Service, You and Apollo each waive the right to a jury trial or to participate in a class action suit.  You agree that any and all claims, disputes, and causes of action arising out of or relating to Your use of the Apollo’s website or arising under these Terms of Service shall be resolved as set forth in this section. Before initiating any formal dispute resolution proceedings, You agree to negotiate with Apollo regarding any disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. 

You may initiate these negotiations by sending a notice of the dispute to Apollo in a manner specified in the “Notices” section below. If Apollo and You do not reach an agreement regarding a Dispute within 30 days following Apollo receipt of the Notice of Dispute, Apollo and You agree to submit such Dispute to binding arbitration, on an individual basis, under the rules of the American Arbitration Association. The proceedings shall be governed by the Federal Arbitration Act, and the award may be enforced in any court of competent jurisdiction. All administrative costs of any arbitration shall be split evenly between the parties. Each party shall be responsible for paying its own attorney fees, expert fees, and litigation expenses and not those of the adversary. To the maximum extent permitted by law, the parties agree that the arbitration award shall not include consequential or punitive damages but shall only award the aggrieved party the actual damages sustained.

Applicable Law/Severability Clause

This Terms of Service Agreement and Your use of Apollo shall be governed by the laws of the United States of America and the State of California.  Without in any way limiting the “Dispute Resolution” requirements set forth above, any court proceeding related to this website or these Terms of Service may be brought only in a federal or state court sitting in California.  You agree to accept the jurisdiction of such courts.

If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms of Service shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effect the original intent of these Terms of Service as closely as possible.

Protection of Data: Collection, Processing, and Use of Personal Information

The protection of Your data is very important to Apollo. For more information regarding the collection, processing, and use of personal data, please read our Privacy Policy.

External Links

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for Your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.

Waiver

Any waiver of any provision by Apollo of the Terms of Service or Privacy Policy will be effective only if in writing and signed by Apollo.

Notices

Except as provided otherwise in these Terms of Service, all notices, requests, instructions, and other communications given to Apollo by You must be given in writing by hand delivery in return for a receipt, sent certified or registered U.S. mail, or sent by FedEx, UPS, or other similar overnight courier services, addressed to Apollo Satellite Communications LLC, 5694 Mission Center Road, Ste. 602-428 – San Diego, CA 92108, or by email to [email protected]