Terms of Use

The Orbital Prime website is operated by WaveCentric Softworks, Inc. The terms “we”, “us”, and “our” refer to WaveCentric Softworks, Inc. The Orbital Prime website may be referred to by its domain name, orbitalprime.com.

The use of the Orbital Prime website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of the Orbital Prime website. Please review the Terms of Use carefully. The Terms of Use apply to all users of the Orbital Prime website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content.

If you access and use the Orbital Prime website, you accept and agree to be bound by and comply with the Terms and Conditions contained within the Orbital Prime Terms of Use along with the Orbital Prime Privacy Policy. If you do not agree to these Terms of Use, or to those contained within the  Privacy Policy, you are not authorized to access the Orbital Prime website, use any of Orbital Prime website’s content, services, or to place an order through the Orbital Prime website.

Language Throughout this agreement; the singular shall include the plural, and the plural shall include the singular, and the masculine and neuter shall include the feminine, wherever the context so requires.

The headings of articles and sections have been included in this agreement for convenience or reference and shall not be considered part of or be used for construction of these terms of use in whole or in part.

Use of the Orbital Prime Website

You agree to use the Orbital Prime website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property and/or privacy laws. By agreeing to these Terms of Use, you represent and warrant that you are at least the age of consent and that you are legally capable of entering into a binding contract.

You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or to contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with the Orbital Prime Privacy Policy.

General Conditions 

We reserve the right to refuse service to anyone, at any time, for any reason, at our sole discretion. We reserve the right to make any modifications to the Orbital Prime website, including terminating, changing, suspending or discontinuing any aspect of the Orbital Prime website at any time, without notice. We may impose additional rules or limits on the use of the Orbital Prime website at any time, without prior notice, and at our sole discretion. You agree to review the Orbital Prime Terms and Conditions regularly and your continued access or use of our website shall constitute and indicate your continued agreement and acceptance these Terms and Conditions and Privacy Policy, including, but not limited to any changes which may apply.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Orbital Prime website or for any service, content, feature or product offered through the Orbital Prime website.

Products and Services

All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region, or jurisdiction.

Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in US dollars.

We reserve the right, and at our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

We do not guarantee the accuracy of the color or design of the products on our website. We have made efforts to ensure the color and design of our products are displayed as accurately as possible on the Orbital Prime website.

Links to Third-Party Websites

Links from or to websites outside the Orbital Prime website are provided for convenience only. We do not review, endorse, approve, control, the content of those sites, the third parties named therein, or their products and services.

Linking to any other site is at your sole risk and WaveCentric Softworks, Inc. is not responsible or liable for any damages in connection with linking to any site linked from or through the Orbital Prime website.

Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading or the use of downloaded software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

Use Comments, Feedback, and Other Submissions

You acknowledge that you are responsible for the information, profiles, opinions, messages, posts, comments, feedback, information, images, recordings, videos, any other submissions, and any other content, regardless of type and collectively referred to as the “Content”, which you post, distribute or share on or through the Orbital Prime website or services available in connection with the Orbital Prime website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, its trademark, copyright, and other intellectual property ownership.

You agree that any content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by WaveCentric Softworks, Inc. You further agree that WaveCentric Softworks, Inc. is under no obligation to maintain any content in confidence, to pay compensation for any content, or to respond to, or acknowledge any content.

You agree that you will not post, distribute or share any content on the Orbital Prime website that is protected by copyright, trademark, patent or any other proprietary right without the express consent and disclosure of the owner of such proprietary right. You further agree that your content will not be unlawful, abusive or obscene, nor will it contain any malware or computer virus that could affect the Orbital Prime, any other website’s operations, or affect any third-party. You will be solely liable for any content that you provide along with its accuracy. WaveCentric Softworks, Inc. has no responsibility for, and does not assume any liability, for any content posted by you or any third-party, regardless if posted through the Orbital Prime or any third-party website.

We reserve the right to terminate your ability to post on our website and to remove and/or delete any content that we deem objectionable at our sole discretion. You consent to such removal and/or deletion and waive any claim against WaveCentric Softworks, Inc. for the removal and/or deletion of your content.

Your Personal Information

Please refer to the Orbital Prime Privacy Policy to learn about how we collect, use, and share your personal information.  The terms and condition contained within the Orbital Prime Privacy Policy shall be considered to be part of, included within, and to extend the Orbital Prime Terms of Use.

Errors and Omissions

Please note that the Orbital Prime website may contain typographical errors or inaccuracies and may not be complete or current. WaveCentric Softworks, Inc. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice, and at its sole direction. Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability, and WaveCentric Softworks, Inc. reserves the right to cancel or refuse any order placed based on incorrect pricing or availability, to the extent permitted by applicable law.

WaveCentric Softworks, Inc. does not undertake to update, modify or clarify information on our website, except as required by law.

WaveCentric Softworks does not warrant or guarantee the accuracy of any of its content, regardless if its written, recorded, or how its published or in its form. 

Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of the Orbital Prime website, which is provided “as is” and without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via the Orbital Prime website, including without limitation, all content and materials, and functions and services provided on the Orbital Prime website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that the Orbital Prime website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that the Orbital Prime websites or the servers that make the Orbital Prime website available are free of viruses or other harmful components.

The use of the Orbital Prime website is at your sole risk and you assume full responsibility for any costs associated with your use of the Orbital Prime website. WaveCentric Softworks, Inc. will not be liable for any damages of any kind related to the use of the Orbital Prime website.

In no event will WaveCentric Softworks, Inc., or its affiliates, its or their respective content or service providers, or any of its or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort law, including, but not limited to negligence, strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, the Orbital Prime website or the content or material or functionality through the Orbital Prime website, even if WaveCentric Softworks, Inc. has been advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

Indemnification

You agree to defend and indemnify and hold WaveCentric Softworks, Inc. and its  affiliates harmless, and its along with their, respective owners, stockholders, directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses, including, but not limited to legal fees, in any way arising from, related to, or in connection with your use of the Orbital Prime website, your violation of the Terms of Use, or the posting, or the transmission of any materials, on or through the Orbital Prime website by you, including but not limited to, any third party claim that any information or materials provided by you infringes upon any third party proprietary rights.

Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and WaveCentric Softworks, Inc. in relation to the subject matter of theses terms of use and supersedes any prior agreements, understandings or arrangements between you and WaveCentric Softworks, Inc., whether conducted orally  or in written form. Both you and WaveCentric Softworks, Inc. acknowledge that, in entering into these terms of use, neither you nor WaveCentric Softworks, Inc. have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and WaveCentric Softworks, Inc. prior to such Terms, except as expressly stated in the Terms.

Waiver

Our failure to exercise or enforce any right or provision contained withing these Terms of Use shall not constitute any waiver of such right or provision. A waiver by WaveCentric Softworks, Inc. of any default will not constitute a waiver of any subsequent default. No waiver by WaveCentric Softworks, Inc. is effective unless it is communicated to you in writing. Failure to enforce any right or provision, now or in the past, shall not constitute any waiver to enforce any right or provision, now or in the future.

Severability

If any of the provisions of these terms of use are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining terms of use, which will continue to be valid and enforceable to the fullest extent permitted by applicable law.  All remaining terms of use shall remain in-tact, and fully enforceable.

Governing Law

These terms of use are construed in accordance with laws of the State of Colorado and venue shall be proper in either the Colorado State courts of the County of Jefferson, State of Colorado, or the United States District Court in and for the District of Colorado, at the election of the party commencing the proceeding.  The parties hereto specifically consent to the jurisdiction of and venue in the aforementioned courts, in order to resolve any dispute between the parties arising hereunder, or in connection with any employment or other contractual relationship between the parties hereto.  For purposes of service of process hereunder, the parties hereto agree that any party service in any such dispute that is served outside the State of Colorado or the United States of America shall have thirty (30) calendar days to respond to any claims or paperwork served upon them in connection herewith. 

In any action arising between the parties seeking enforcement of any of the terms and/or provisions of these terms of use, WaveCentric Softworks, Inc. shall be awarded, in addition to any damages, injunctions, or other relief, its reasonable costs and expenses, including but not limited to court costs, reasonable attorneys' fees and costs of collection.   WaveCentric Softworks, Inc. shall be entitled to interest for any amounts arising out of such action at an annual percentage rate of twenty-one (21) percent.

Term of Agreement

The term of this agreement shall be a period of one year from the date of your accessing and using the Orbital Prime website and shall automatically renew for an additional term beginning at the date that you last accessed or used the Orbital Prime website.