These Terms & Conditions govern your use of Orbital Express Inc. services and our logistics platform. By engaging our services, you agree to be bound by these terms.
By accessing or using any service provided by Orbital Express Inc. ("Orbital," "Company," "we," "us," or "our"), including our website, shipment tracking portal, logistics platform, or freight transportation services, you ("Customer," "User," or "you") agree to be bound by these Terms and Conditions ("Terms").
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree with any part of these Terms, you must not use our Services.
Please read these Terms carefully. They contain important information about your legal rights and obligations, including limitations on liability and dispute resolution provisions.
Orbital Express Inc. provides freight transportation and logistics technology services including, but not limited to:
We reserve the right to modify, suspend, or discontinue any service at any time with or without notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.
Our Services are intended for commercial use. Individual consumer shipments may be subject to additional terms communicated at the time of booking.
To access certain features of our Services, you may be required to create an account. You agree to:
We reserve the right to suspend or terminate accounts that violate these Terms or that we have reason to believe are being used fraudulently or abusively.
As the party tendering freight for transport, you represent and warrant that:
Transit times provided at the time of booking are estimates only. Orbital does not guarantee delivery on a specific date unless an express service with a written delivery guarantee has been purchased. We shall not be liable for delays caused by weather, road conditions, government actions, mechanical failures, or other circumstances beyond our reasonable control.
All cargo loss and damage claims must be filed in writing within 9 months of the delivery date (or, if not delivered, within 9 months of a reasonable delivery date). Claims must include the original Bill of Lading, packaging inspection documents, and a statement of the value of the loss. Our liability for cargo loss or damage is governed by the Carmack Amendment (49 U.S.C. § 14706) and any applicable declared value or released rate agreements.
The following items are strictly prohibited from shipment via Orbital Express and will not be transported under any circumstances:
Tendering prohibited items for transport is a material breach of these Terms and may result in immediate account termination, seizure of goods, and reporting to appropriate law enforcement authorities. You will be fully liable for any costs, damages, fines, or legal penalties arising from shipment of prohibited items.
Freight rates are determined at the time of booking based on shipment specifications, route, service level, and current market conditions. All rates are quoted in U.S. Dollars. Invoices are due and payable according to the credit terms established in your account agreement, typically Net-30 from invoice date unless otherwise agreed in writing.
You may be subject to additional charges for:
Invoices not paid within their due date may be subject to a finance charge of 1.5% per month (18% annually) on the outstanding balance, or the maximum rate permitted by law, whichever is less. We reserve the right to suspend services for accounts with overdue balances.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORBITAL EXPRESS INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our total aggregate liability to you for any claims arising from or related to our Services shall not exceed the greater of: (a) the total amounts paid by you to Orbital Express in the twelve (12) months preceding the claim, or (b) the declared value of the specific shipment giving rise to the claim.
Orbital Express shall not be liable for any failure or delay in performance of its obligations due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, epidemic or pandemic, government actions, labor disputes, cyberattacks, or infrastructure failures.
All content on our website and platform — including text, graphics, logos, icons, images, audio clips, data compilations, software, and code — is the property of Orbital Express Inc. or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use our Services for your internal business purposes. This license does not include the right to:
"ORBITAL," "Orbital Express," and associated logos are trademarks of Orbital Express Inc. Unauthorized use of our trademarks is prohibited.
Our website and tracking portal operate without any form of browser-side data persistence. This means no consent banners are required because we genuinely collect nothing through your browser. All necessary operational data is processed server-side and is subject to our Privacy Policy.
You are free to use our Services without any concern about cookies being set, tracking pixels being loaded, or behavioral profiles being built from your browsing activity. We believe this approach reflects our fundamental respect for user privacy.
When using our logistics platform, tracking portal, or any digital Services, you agree not to:
If you are granted API access, your use is subject to the API Terms of Service provided in your developer agreement. Excessive API calls, unauthorized automation, or use of the API for purposes not authorized in your agreement may result in immediate access revocation.
You agree to defend, indemnify, and hold harmless Orbital Express Inc. and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
Before initiating any formal legal proceeding, you agree to contact us at info@orbitalexpress.net and attempt to resolve any dispute informally. We will make reasonable efforts to resolve disputes within 30 days of receiving your written notice.
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or our Services shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in English, in the United States. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND ORBITAL EXPRESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Either party may seek injunctive or other equitable relief in court to prevent unauthorized use of intellectual property or to prevent imminent harm. Cargo claims under 49 U.S.C. § 14706 (Carmack Amendment) are not subject to arbitration.
We may terminate or suspend your access to all or part of our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Upon termination:
You may terminate your account at any time by contacting us at info@orbitalexpress.net. Termination does not release you from obligations for services already rendered or shipments in transit.
These Terms shall be governed by and construed in accordance with the laws of the United States of America and applicable federal law, including the Interstate Commerce Commission Termination Act (ICCTA) and the Carmack Amendment for cargo claims.
For disputes not subject to arbitration, you consent to the exclusive jurisdiction of the federal and state courts located in the United States for resolution of any disputes arising from or related to these Terms or our Services.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
We reserve the right to modify these Terms at any time. When we make changes, we will:
Your continued use of our Services after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must discontinue use of our Services.
Changes will not apply retroactively to existing shipments in transit at the time of the change.
For legal inquiries, billing disputes, or service-related questions, please contact us through the appropriate channel:
Orbital Express Inc.
Email: info@orbitalexpress.net
Phone: (559) 259-0103
HQ: 5550 West Spruce Ave, Fresno, CA
Operating Territory: United States — All 50 States
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Orbital Express Inc. regarding the use of our Services and supersede any prior agreements between the parties.