Terms and Conditions
Each individual or entity that purchases a MoonBox™ product or service from Astrobotic Technology, Inc. (hereafter, "Astrobotic") and desires to be a participant in the MoonBox™ program (collectively, "MoonBox™ Mission"), must click "I accept the MoonBox™ Terms and Conditions" and indicate they agree with the MoonBox™ Terms and Conditions (the "Agreement") in order to be considered for the MoonBox™ Mission and make a purchase through this system. Please read this Agreement carefully; by accepting it below, you waive certain legal rights and assume certain risks.
BY CLICKING "I ACCEPT THE MOON BOX™ TERMS AND CONDITIONS" ON THE MOON BOX™ ORDER FORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT AND ITS TERMS AND CONDITIONS, AND THAT YOU AGREE TO BE BOUND LEGALLY BY IT AND ITS TERMS AND CONDITIONS WITH RESPECT TO ALL MOON BOX™ MISSION PROGRAMS YOU PARTICIPATE IN.
IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION BY ASTROBOTIC TO PARTICIPATE IN ANY MOON BOX™ MISSION PROGRAMS, AND WILL NOT BE ABLE TO MAKE A MOON BOX™ MISSION PURCHASE THROUGH THIS SYSTEM.
General Assumption of Risk.
I fully recognize that the MoonBox™ Mission in which I am participating and sending my payload involves inherent risks and dangers, including, but not limited to, hazards of travel by launch vehicle, spacecraft, and other modes of transportation, forces of nature; and damage to or loss of my personal property. I am voluntarily participating in the MoonBox™ Mission with knowledge of the hazards and risks involved.
I understand that Astrobotic bears no responsibility for the performance or outcome of the launch services, which are provided by and are the sole responsibility of a launch service provider.
Astrobotic reserves the right to cancel or postpone the MoonBox™ Mission as it deems necessary.
I understand that Astrobotic will be under contract with a launch service provider for the MoonBox™ Mission, and that the Astrobotic services provided under this Agreement are dependent upon and subordinate to the successful execution of contractual and performance obligations set forth in the agreement between Astrobotic and the launch service provider.
I understand and assume full responsibility for the significant risk of impact to my objectives if the launch services and/or Astrobotic services are not performed as expected. Astrobotic shall not be liable under any circumstances for expenses, liabilities, costs, or damages that may be incurred by me as a result of changes to or failure of launch services or any Astrobotic services.
I desire to send a MoonBox™ payload to be part of a MoonBox™ capsule on board an Astrobotic delivery service to the moon ("MoonBox™ Capsule") in accordance with the terms and conditions of this Agreement. I agree to provide Astrobotic with all payload information as may be necessary and required by Astrobotic, including information about payload specifications and any other payload information as may be required for payload acceptance testing by Astrobotic or any other entity ("MoonBox™ Payload Application").
I agree that I will not send the following payloads in my MoonBox™ capsule:
- Weapons or hazardous materials (as defined by the United States Department of Transportation)
- Liquids, gels, or aerosols
- Biological material in any state with the exception of hair or teeth
- Perishable objects
- Radioactive objects
- Objects with stored energy
- Any other objects disallowed by law or any United States agency determination
I agree that I will only send inert objects through MoonBox™, and I understand that my MoonBox™ payload will have no access to electrical power, communication, or data transmission. My MoonBox™ payload will not emit any electromagnetic radiation and will not interfere with the operation of the Astrobotic spacecraft and launch vehicle in any way. My MoonBox™ payload will not contain any batteries nor carry any source of internal power.
Ultimate responsibility for meeting these payload requirements will remain with me and I am solely responsible for any payload compliance. I acknowledge that: (a) any delay in the delivery of the payload to Astrobotic by me, (b) non-conformance of the payload to the specifications required by Astrobotic or the United States Government, (c) problems with the integration of the payload with the Astrobotic spacecraft or launch vehicle, (d) my failure to meet the requirements of any international or federal payload acceptance tests, and (e) my failure to comply with the terms of this Agreement or applicable laws may prevent the launch of the payload and neither Astrobotic nor the launch service provider will be liable for any expenses, liabilities, costs or damages incurred by me as a result of the failure to launch my payload, regardless of fault.
In the event that my payload is rejected by Astrobotic or any regulatory authority, Astrobotic may proceed to conduct the launch at its discretion and retain all amounts paid by me, without further obligation or liability to my or by me to Astrobotic. In the event that my payload is removed from the launch vehicle by for reasons other than those set forth above, Astrobotic shall retain all amounts of money that I have paid to Astrobotic until the time of launch, and the Agreement shall be automatically terminated.
Payment and MoonBox™ Kit.
I understand that I will complete a MoonBox™ Payload Application and submit it to Astrobotic for acceptance. A MoonBox™ Kit will be sent to me upon successful acceptance of my MoonBox™ Payload Application and once payment for my MoonBox™ payload is processed. I understand and accept that if my MoonBox™ Payload Application is accepted by Astrobotic, my payment for the MoonBox™ payload is nonrefundable. I agree to send my MoonBox™ payload to Astrobotic within 60 days of receipt of the MoonBox™ Kit.
Astrobotic reserves full right to reject my MoonBox™ payload at any time, and Astrobotic is under no obligation to refund any payment made by me in the event that my MoonBox™ Payload Application is rejected by Astrobotic.
The date of the Launch ("Launch Date") is scheduled to occur at a date and time frame that Astrobotic determines in its sole discretion. Although it is Astrobotic's intention to honor the flight dates once scheduled, I understand that there is always the possibility of flight postponement or cancellation.
I understand that the price for Astrobotic Services shall be specified on the Astrobotic MoonBox™ website and app. The price is a firm fixed price and will be paid by me in one installment upon submission of the MoonBox™ Payload Application.
I understand that the price for the services under this Agreement excludes all taxes, duties, transportation, insurance and all other costs and charges associated with the performance of the Astrobotic services provided. I am solely responsible for payment of all taxes (other than taxes on the income of Astrobotic) and duties which may be required and which become due by reason of performance of the Astrobotic services under this Agreement. I agree to comply with all requirements of such laws, including payment of any interest or penalties related to or arising from such taxes and duties. Should Astrobotic be subject to the payment of any taxes or tariffs directly related to the deliveries to be made within the scope of this Agreement, the corresponding amounts will be separately invoiced to and paid by me.
I understand that this Agreement is non-refundable and that I cannot terminate the Agreement at any time. Astrobotic reserves the right to terminate this Agreement at Astrobotic's convenience for any reason and will not be liable for any payments made by me.
I will retain title to my payload throughout the term of the Agreement and title to my payload will never pass to Astrobotic.
Packaging and Shipping.
I am solely liable for packing and shipping my payload to Astrobotic for integration with the MoonBox™ Capsule, and shall be liable for all costs associated therewith. My payload will be packed and shipped in accordance with the requirements of Astrobotic and all applicable laws, including but not limited to, U.S. Department of Transportation regulations and customary commercial practices. I acknowledge that it is my sole responsibility to obtain any required export permits, licenses, transport insurance, authorizations and shipment documents necessary for the transport of my payload. It is my sole responsibility to pay any applicable duties, fees or import taxes that may be levied.
Risk of Loss.
I understand that the MoonBox™ Mission is a highly risky endeavor and I accept sole responsibility for any risk of loss or damage to my payload during shipment, launch preparation, launch, and delivery to the lunar surface. Astrobotic disclaims any responsibility for my payload whatsoever.
Licenses, Permits and Clearances.
I understand that Astrobotic, the launch service provider and I are jointly responsible for obtaining all licenses, authorizations, clearances, approvals and permits ("Licenses") necessary to carry out its obligations under this Agreement. I agree to provide reasonable assistance to the other participants as necessary to obtain such Licenses.
In addition, Astrobotic shall work with the Launch Service Provider to seek Federal Aviation Administration (FAA) Office of Commercial Space Transportation (AST) approval for the inclusion of my payload on the launch vehicle. If, for whatever reason, the launch service provider and/or Astrobotic are not successful in securing AST approval or an FAA license or permit for the inclusion of my payload, and my payload will not be flown, Astrobotic will retain all amounts paid by me under this Agreement, and the Agreement shall be terminated, without further obligation or liability to me.
Compliance with Government Requirements.
I agree to comply with the respective national, federal, state and local laws and regulations, and all Licenses issued in connection with the performance of this Agreement. In addition, I will comply with all U.S. export and import laws, regulations, rules, licenses or agreements related to the launch and transportation of the Payload to its destination, including but not limited to the International Traffic in Arms Regulations ("ITAR"), and the U.S. Department of Commerce, Export Administration Regulations ("EAR"). I understand that I am responsible for registration of my payload, pursuant to the Convention on Registration of Objects Launched into Outer Space, which entered into force in 1976. Astrobotic shall provide reasonable assistance to me with respect to compliance with government requirements.
Astrobotic shall be the sole and exclusive owner of the Inventions or other intellectual property developed by Astrobotic in the performance of this Agreement. Each Party will treat as proprietary the other party's Inventions and intellectual property, and not disclose them, in whole or in part, to any outside party. Each Party shall retain the rights to the Inventions and other intellectual property it holds as of the Effective Date. The Parties do not intend to jointly develop any Inventions hereunder.
I acknowledge that a Launch Range safety official is authorized to destroy the launch vehicle and my payload, without liability to anyone, if, in the Launch Range safety official's sole discretion, such destruction is necessary to prevent personal injury or damage to property.
I agree that Astrobotic shall be held harmless for decisions and/or actions taken by the launch service provider and/or Astrobotic, including but not limited to the following: (1) Launch schedule adjustments or postponements (2), Performance of the launch, (3) De-mounting of my payload and/or its replacement with a weighted object having similar mass and balance to my payload ("Mass Dummy"), or (4) Destruction of my payload if after ignition this action is deemed necessary by the launch service provider.
Astrobotic is not responsible for obtaining third party launch liability insurance.
Each Party hereby agrees not to sue or otherwise bring a claim against the other Party, such Party's related third parties, the launch service provider, the launch service provider's related third parties, any secondary payload customers or their related third parties, and/or the U.S. Government or its contractors or subcontractors for any injury, death, property loss or damage (including loss of or damage to the payloads, spacecraft, launch vehicle, or other financial loss, sustained by it or its employees, officers, directors or agents, arising directly out of activities included in the performance of the launch services and Astrobotic services contemplated by this Agreement.
Extension of Waivers.
Each Party hereby agrees to extend the waiver of claims and release of liability herein to their respective contractors, subcontractors and insurers, requiring them to waive (in writing) the right to sue or otherwise bring a claim against the other Party or that Party's related third parties, the launch service provider, the launch service provider's related third parties, any secondary payload customers or their related third parties, and/or the U.S. Government or its contractors or subcontractors for any injury, death, property loss or damage (including loss of or damage to the payloads, spacecraft, launch vehicle, or other financial loss) sustained by them or any of their employees, officers, directors or agents, arising in any manner out of or in connection with activities relating to the performance of this Agreement.
Each Party ("Indemnifying Party") hereby agrees that it shall indemnify and hold harmless the other Party ("Indemnified Party") from and against any liability or expense, including attorneys' fees, resulting from any suit or claim by the Indemnifying Party's related third parties for any injury, death, property loss or damage (including loss of or damage to the payloads, spacecraft, launch vehicle, or other financial loss) sustained by such related third party or any of its employees, officers, directors or agents, arising in any manner out of or in connection with activities relating to the performance of this Agreement.
The Indemnified Party agrees to notify the Indemnifying Party promptly in writing of any such claim, and the Indemnifying Party has the right to control the defense of any such claim and all related settlement negotiations, provided the defense shall be reasonably estimated to minimize the liability of the Indemnifying Party hereunder to the extent consistent with the legitimate business interests of the Indemnified Party. The Indemnifying Party shall have full rights to dispose of such action and to enter into any monetary compromise or settlement; provided, however, that Indemnifying Party shall not settle or compromise any claims involving the action insofar as they relate to, or arise out of, the same facts as those which give rise to the claim for which indemnification is due hereunder without the prior written consent of the Indemnified Party, which consent shall not be unreasonably withheld or delayed.
The Parties shall cooperate fully with one another in connection with the defense, compromise, or settlement of any such claim, including without limitation, making available to the other all pertinent information and witnesses within its own control.
The obligation to waive claims shall apply to the Parties' contractors, subcontractors and insurers (at every tier) that are involved in activities relating to the performance of this Agreement. The waivers shall apply regardless of the theory of liability, whether based in contract, tort, equity or otherwise, including negligence, product liability, strict liability, or any other theory of liability. Each Party agrees to obtain insurance as it deems necessary to cover death, injury, loss or damage for which it has waived the right to sue or bring a claim against the other Party, and each Party agrees to obtain a waiver of subrogation rights from any insurer providing such insurance coverage.
Limitation of Liability.
Spacecraft, equipment, facilities, technical information, and Astrobotic services provided under this Agreement are provided "as is." Astrobotic makes no express or implied warranty as to the condition of such spacecraft, equipment, facilities, technical information, or services, or as to the condition of any research or information generated under this Agreement, or as to any products made or developed under or as a result of this Agreement including as a result of the use of information generated hereunder, or as to the merchantability or fitness for a particular purpose of such research, information, or resulting product, or that the spacecraft, equipment, facilities, technical information, or services provided will accomplish the intended results or are safe for any purpose including the intended purpose, or that any of the above will not interfere with privately owned rights of others.
NEITHER ASTROBOTIC, THE LAUNCH SERVICE PROVIDER, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, SUCCESSORS IN INTEREST, CONTRACTORS OR SUBCONTRACTORS AT ANY TIER (INCLUDING SUPPLIERS OF ANY KIND), AGENTS OR CUSTOMERS (COLLECTIVELY HEREINAFTER REFERRED TO AS "AFFILIATES") SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OTHER DAMAGES RESULTING FROM THE USE OF ANY OF THE GOODS OR SERVICES TO BE PROVIDED HEREUNDER, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR LOST REVENUES OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWSOEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, EQUITY OR OTHERWISE, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY.
ASTROBOTIC'S TOTAL AND CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT HOWSOEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, EQUITY OR OTHERWISE, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, SHALL IN NO EVENT EXCEED THE AMOUNTS RECEIVED BY ASTROBOTIC FROM ME FOR THE ASTROBOTIC SERVICES DURING WHICH SUCH LIABILITY AROSE. MY TOTAL AND CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT HOWSOEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, EQUITY OR OTHERWISE, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, SHALL IN NO EVENT EXCEED THE CONTRACT PRICE FOR THE ASTROBOTIC SERVICES DURING WHICH SUCH LIABILITY AROSE. I WILL BE EXCLUSIVELY LIABLE FOR ANY DAMAGE TO THE PAYLOAD AND PAYLOAD-RELATED EQUIPMENT FROM MANUFACTURE THROUGH DELIVERY, INTEGRATION, LAUNCH, ON-ORBIT, AND LANDING. I WILL BE RESPONSIBLE FOR PROCURING ALL INSURANCES RELATED TO MY PAYLOAD (WITH EXPRESS WAIVERS OF SUBROGATION AS TO THE LAUNCH SERVICE PROVIDER, ASTROBOTIC AND ITS RELATED THIRD PARTIES).
NEITHER ASTROBOTIC, THE LAUNCH SERVICE PROVIDER, NOR ANY OF THEIR AFFILIATES SHALL BE DEEMED TO HAVE MADE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES AND GOODS TO BE PROVIDED HEREUNDER. ASTROBOTIC, THE LAUNCH SERVICE PROVIDER, AND THEIR AFFILIATES HEREBY DISCLAIM WITH RESPECT TO ME, MY AGENTS AND CUSTOMERS, AND I EXPRESSLY WAIVE, RELEASE AND RENOUNCE ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF ASTROBOTIC, THE LAUNCH SERVICE PROVIDER, AND THEIR AFFILIATES AND ALL RIGHTS, CLAIMS AND REMEDIES AGAINST ASTROBOTIC, THE LAUNCH SERVICE PROVIDER, AND THEIR AFFILIATES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY FAILURE, DELAY IN DEPLOYMENT, CANCELLATION OF, NON-CONFORMANCE OR DEFECT IN THE LAUNCH, SPACEFLIGHT OR ANY PRODUCTS OR SERVICES PROVIDED BY ASTROBOTIC AND/OR THE LAUNCH SERVICE PROVIDER, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY UNDER ANY TORT, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, NEGLIGENCE (INCLUDING ANY NEGLIGENCE OF ASTROBOTIC, THE LAUNCH SERVICE PROVIDER, OR THEIR AFFILIATES), STRICT LIABILITY, AGREEMENT OR OTHER LEGAL OR EQUITABLE THEORY; AND (D) AND OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF USE, REVENUE OR PROFIT OR FOR ANY OTHER DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. NO REPRESENTATION OR AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, WHETHER OR NOT CONTAINED IN THIS CONTRACT, SHALL BE DEEMED TO BE A WARRANTY BY ASTROBOTIC, THE LAUNCH SERVICE PROVIDER, OR THEIR AFFILIATES.
www.astrobotic.com/privacyand understand that those terms are incorporated as part of this Agreement.
I understand Astrobotic is not liable for acts of God, fire, acts of governments or other authorities, civil disturbances, riots, terrorist acts, strikes, thefts, pilferage, dangers incident to launch activities or the MoonBox™ Mission, and other similar acts or incidents beyond its ability to control.
Assumption of Risk.
In consideration of being permitted to participate in the MoonBox™ Mission and in return for the services provided by Astrobotic, its employees, agents and associates, I hereby assume all risks and responsibilities in any way associated with Astrobotic and the MoonBox™ Mission, and I release Astrobotic, its board, officers, employees, agents and associates (hereafter, the "Releasees") from any and all liability, claims and actions that may arise from injury or harm to me, or from damage to my payload in connection with the MoonBox™ Mission, whether caused by the negligence of the Releasees or otherwise.
This assumption of risk is made knowingly and voluntarily. I further understand that the terms of the release and assumption of risk in this Agreement shall bind my family members, heirs, executors, administrators, and assigns, as well as myself. If any term or provision of this Agreement is held illegal, the validity of the remaining portions shall not be affected.
Relationship to Launch Service Provider.
Astrobotic shall act on my behalf in the arrangement of launch services supplied by the launch service provider for the launch under contract, or any rescheduling thereof. This includes all correspondence, co-ordination and dealings with the launch service provider necessary in order to perform launch services in the Agreement. I accept that all necessary correspondence with the launch service provider for my payload on this specific launch or any rescheduling thereof will be done through Astrobotic, and I will not engage in any direct communication with the launch service provider, unless written consent from Astrobotic is requested and granted beforehand.
This Agreement is not exclusive. Astrobotic intends to enter into similar Agreements for the same or similar purpose with other private or public entities.
This Agreement and its performance by the Parties shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to provisions on the conflicts of laws. The provisions of the United Nations Convention for the International Sale of Goods shall not be applicable to this Agreement. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be litigated exclusively in the State and Federal courts located in the Commonwealth of Pennsylvania, U.S.A. The aforementioned choice of venue is intended by the Parties to be mandatory and not permissive in nature. Each Party hereby waives any right it may have to assert the doctrine of forum non conveniens, to object to venue with respect to any proceeding brought in accordance with this paragraph, or to assert any defense of sovereign immunity in any legal action, suit, proceeding or other claim arising under this Agreement.
The Parties further stipulate that the State and Federal courts located in Pennsylvania shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Each Party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in this Agreement. Any final judgment rendered against a Party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. In the event that either party must resort to legal action to enforce its rights under this Agreement, the prevailing party shall be entitled to all its attorneys' fees, and any other costs incurred.
Relationship of the Parties.
This Agreement, and all work performed hereunder, shall not cause or imply that there exists between the Parties hereto any partnership, joint venture, or other combined business organization, and the respective rights and obligations of the Parties shall be only those expressly set forth here. Neither Party has any authority hereunder to assume or create any obligation or responsibility, express or implied on behalf of, or in the name of, the other Party, or to bind the other Party in any way whatsoever.
The invalidity, in whole or in part, of any term herein shall not affect the validity or enforceability of any other provision herein. If any terms of this agreement are declared or found to be illegal, unenforceable or void, the Parties shall negotiate in good faith to agree upon a substitute term that is legal and enforceable and as nearly as possible consistent with the intentions underlying the original term. If the remainder of this agreement is not materially affected by such declaration or finding and is capable of substantial performance, then the remainder shall be valid and enforceable.
Subject to compliance with applicable law, either Party may assign, delegate or otherwise transfer this Agreement, or any rights or obligations under this Agreement, to any successor by way of merger, acquisition or sale of all or substantially all of the assets relating to the performance of this Agreement. Astrobotic or its successor may also assign all or part of the right to receive payments under this Agreement. Any assignment, delegation, or transfer of this Agreement made in contravention of the terms hereof shall be null and void. Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of the Parties' respective successors and permitted assigns.
The failure of either Party to exercise any right granted in this Agreement or to require the performance of any term of this Agreement (or the waiver by either Party of any breach of this Agreement) shall not prevent a subsequent exercise or enforcement of, or be deemed a waiver of any subsequent breach of, the same or any other term of this Agreement.
I HAVE READ THIS AGREEMENT CAREFULLY AND FULLY UNDERSTAND THAT THIS IS A RELEASE OF LEGAL RIGHTS AND AN ASSUMPTION OF RISK.
By Checking "I accept the MoonBox™ Terms and Conditions", you are acknowledging that you have read, understand, and agree to the terms and conditions of this Agreement. You further acknowledge that by clicking "Submit", you are creating an electronic signature and that you understand it will be binding, enforceable and the legal equivalent of a handwritten signature.