Terms Of Use

May 13, 2021

Blue Origin provides access, view and use of Blue Origin’s websites (“Sites”) and supplier and customer portals (“Portals”) subject to these terms of use (“Terms of Use”). Unless a separate agreement is entered into between you and Blue Origin that contradicts these Terms of Use, by accessing, viewing or using the Sites or Portals you agree to these Terms of Use.

All content on the Sites and Portals provided by Blue Origin, such as images, videos, logos, text, graphics, button icons, audio clips, digital downloads, data compilations, and software, is the property of Blue Origin and protected by United States and international copyright laws. The compilation of all content provided by Blue Origin on the Sites and Portals is the exclusive property of Blue Origin and protected by U.S. and international copyright laws. All software used on the Sites and Portals is the property of Blue Origin or its software suppliers, and is protected by United States and international copyright laws.

BLUE ORIGIN, NEW SHEPARD, NEW GLENN, GRADATIM FEROCITER, the GRADATIM FEROCITER AND COAT OF ARMS DESIGN, LAUNCH.LAND.REPEAT, the FEATHER LOGO, the TORTOISE Logo, and any other Blue Origin graphics, logos, scripts, page headers, button icons, and service names are trademarks, service marks or trade dress of Blue Origin and may not be used in any manner without Blue Origin’s prior written consent, or in any manner that disparages or discredits Blue Origin, or in any manner that is likely to cause confusion among customers or potential customers. All other trademarks not owned by Blue Origin that appear on the Sites and Portals are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Blue Origin.

Blue Origin grants you a limited license to access and view the Sites for personal use only, but not to download (other than page caching) or modify the Sites or any portion of them except with Blue Origin’s prior written consent. This license does not include (i) any resale or commercial use of the Sites or their contents, (ii) any derivative use of the Sites or their contents, or (iii) any use of data mining, robots, or similar data gathering and extraction tools. The Sites or any portion of the Sites may not be copied, reproduced, duplicated, sold, resold, visited, or otherwise exploited for any commercial purpose without Blue Origin’s prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of Blue Origin without express written consent. You may not use any meta tags or any other “hidden text” utilizing Blue Origin’s name or trademarks without Blue Origin’s prior written consent. Any unauthorized use automatically terminates the permission or license granted by Blue Origin. You are granted a limited, revocable, nonexclusive license to create hyperlinks to the home pages of the Sites so long as the links do not portray Blue Origin or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Blue Origin logo or other proprietary graphic or trademark as part of the link without Blue Origin’s prior written permission.

Blue Origin grants you a limited license to access, view and use the Portals solely for the purpose of participating in a customer or a business relationship with Blue Origin, but not to download (other than page caching) or modify the Portals or any portion of them except with Blue Origin’s prior written consent. This license does not include (i) any resale or commercial use of the Portals or their contents, (ii) any derivative use of the Portals or their contents, or (iii) any use of data mining, robots, or similar data gathering and extraction tools. The Portals or any portion of the Portals may not be copied, reproduced, duplicated, sold, resold or exploited for any commercial purpose or otherwise accessed, viewed or used for any purpose unrelated to the participation in a customer or a business relationship with Blue Origin without Blue Origin’s prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of Blue Origin without express written consent. You may not use any meta tags or any other “hidden text” utilizing Blue Origin’s name or trademarks without Blue Origin’s prior written consent. Any unauthorized use automatically terminates the permission or license granted by Blue Origin. You are granted a limited, revocable, nonexclusive license to create hyperlinks to the Portals so long as the links do not portray Blue Origin or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Blue Origin logo or other proprietary graphic or trademark as part of the links without Blue Origin’s prior written permission.

Whenever you provide information on the Portals, you agree to: (i) provide true, accurate, current and complete information and (ii) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or Blue Origin has reasonable grounds to suspect is, untrue, inaccurate, not current or incomplete, Blue Origin may suspend or terminate your access to the Portals and refuse any and all current or future use of the Portals (or any portion of them). Some portions of the Portals may require you to register and create an account and you may be asked to select a password to access certain content, features or services. You agree to maintain the confidentiality of your password(s) and account(s), and you agree that you are fully responsible and accountable for all activities that occur under your account(s). You agree to notify Blue Origin immediately of any unauthorized use of your password(s) or account(s) or any other breach of security. Blue Origin reserves the right to take any and all action, as Blue Origin deems necessary or reasonable, to help ensure the security of the Portals and any account(s), including without limitation terminating your account(s), requiring you to change your password(s), or requesting additional information to authorize activity on your account(s). Notwithstanding the above, Blue Origin may rely on the authority of anyone accessing your account(s) or using your password(s) and in no event and under no circumstances shall Blue Origin be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction Blue Origin takes or does not take under this Section 7, (ii) any compromise of the confidentiality of your account(s) or password(s) and (iii) any unauthorized access to your account(s) or use of your password(s). You may not use anyone else’s account(s) or password(s) at any time.

When you access, view or use the Sites or Portals, you are communicating with Blue Origin electronically. You consent to receive communications from Blue Origin electronically.

You acknowledge and agree that any questions, comments, suggestions, reviews, ideas, concepts, inventions, plans, notes, drawings, documents, original or creative materials or other information posted, uploaded or submitted (“Posts, Uploads or Submissions”) on the Sites or Portals by you are non-confidential and will become the unencumbered property of Blue Origin. By making Posts, Uploads or Submissions you represent and warrant that you own and control all of the rights to the Posts, Uploads or Submissions or you otherwise have all necessary rights to make such Posts, Uploads or Submissions and to grant the rights to Blue Origin that you grant in these Terms of Use. Blue Origin is entitled to the unrestricted use and dissemination of your Posts, Uploads or Submissions for any purpose, commercial or otherwise, and will have a nonexclusive, perpetual and irrevocable license to all rights, including all intellectual property rights, without acknowledgment or compensation of any kind to you. Do not make Posts, Uploads or Submissions if you expect to be paid or want to continue to own or claim rights in your Posts, Uploads or Submissions. Once you make Posts, Uploads or Submissions, Blue Origin will be free to use your Posts, Uploads or Submissions without compensation, restriction or acknowledgement. Blue Origin reserves the right (but not the obligation) to remove or edit your Posts, Uploads or Submissions. Blue Origin takes no responsibility and assumes no liability for your Posts, Uploads or Submissions.

THE SITES AND PORTALS ARE PROVIDED BY BLUE ORIGIN ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLUE ORIGIN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR PORTALS OR THE INFORMATION, MATERIALS, CONTENT, SERVICES OR PRODUCTS INCLUDED ON THE SITES OR PORTALS. YOU AGREE THAT YOUR USE OF THE SITES OR PORTALS IS AT YOUR SOLE RISK. BLUE ORIGIN DOES NOT WARRANT THAT THE SITES OR PORTALS, THEIR SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM BLUE ORIGIN ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. BLUE ORIGIN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM ANY USE OF THE SITES OR PORTALS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES.

In connection with any payment made through any of the Sites or Portals, you may be required to provide personal information, including your name, address, telephone number, e-mail address, credit card and billing information, or financial account information (collectively, "Personal Financial Information”), to an independent third party selected by, but not affiliated with Blue Origin (the “Processor”). The Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and Blue Origin will never see, receive, or be able to access any Personal Financial Information. You should therefore maintain records of all your transactions. By submitting payment, you are warranting that you are authorized to do so using the form of payment that you provide to the Processor. You must be above the age of majority in your jurisdiction of residence to make a payment.

Blue Origin makes no warranty, and to the fullest extent provided by law, accepts no liability for any loss or damages whatsoever, relating to or in connection with your payment collected and processed by the Processor. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. To the fullest extent permitted by law, you acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, Blue Origin will in no way be responsible or liable to you for any such breach.

If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor:

—For shop.blueorigin.com transactions, the Processor is: Juice Marketing at shop@blueorigin.com

12.1 EU and China Cooling Off Period

If you make a purchase through the Sites or Portals from the EU or China, during a cooling-off period set forth below (a “Cooling-Off Period”) you may cancel any transaction made online, via email, or via phone for any or no reasons whatsoever. The Cooling Off Periods shall be as follows:

—for the purchase of services made from the EU, the Cooling-Off Period shall commence upon the date the purchase is made and last for 14 calendar days;

—for the purchase of goods made from the EU, the Cooling-Off Period shall commence upon the day you receive the goods (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately), and last for 14 calendar days; and

—For the purchase of goods made from China, unless the goods are not suitable to be returned given their nature (e.g. perishable items, items used for sanitary purposes, or goods otherwise excluded by law), the Cooling-Off Period shall commence upon the day you receive the goods (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) and last for 7 calendar days.

In addition to any exclusions set forth above, these Cooling-Off Periods do not apply to any purchase of customised or personalised goods.

To cancel during a Cooling-Off Period, simply inform Blue Origin of your decision to cancel within the applicable time-frame by:

For those located in the EU, if you would like to use the model cancellation form (available at https://www.legislation.gov.uk/uksi/2013/3134/schedule/3/made) you may do so.

Blue Origin will then reimburse all payments received from you for the goods or services, including any delivery charges. The funds will be transferred to the means of payment (e.g. credit card) used for the initial transaction, and you will not incur any fees as a result.

In the case of goods, you must send these back (following any instructions provided by Blue Origin) within 14 days of cancelling and the goods must be received by Blue Origin in a condition suitable for sale. You will need to bear the direct cost of returning the goods, and Blue Origin may charge you if the value of the goods is reduced due to their handling. Blue Origin may also withhold reimbursement until the earlier of:

—Blue Origin receives the goods back; or

—you supply Blue Origin with evidence of having sent back the goods.

12.2 Returns and Exchanges for All Blue Origin Online Shop Purchases

Returns

All returns must be lodged within 30 days of purchase.

If you elect to make a return for refund, the cost of return shipping is $7.50 and will be deducted automatically from your original payment. Note that additional fees may apply for packages over 10 pounds.

Once Blue Origin receives your item, Blue Origin will inspect the return and refund the purchase amount to the original form of payment less shipping. Refunds are processed within 1-3 business days of us receiving your items.

For U.S. customers, Blue Origin will provide return labels using UPS or USPS for secure shipping and return package tracking. Simply print your shipping label and place item(s) in original packaging. All you need to get started is your 7 digit order number and zip code. Your order number can be found in your order confirmation email or on the packing slip next to 'PO Number' (it usually starts with 1 and is 7 digits long). Please include a copy of your packing slip with your return, if possible.

Exchanges

All exchanges must be lodged within 30 days of purchase.

Once Blue Origin receives your item, Blue Origin will inspect the return and process the exchange. Blue Origin’s return center does not hold inventory on an open exchange request so Blue Origin always recommends sending back the exchanged item sooner than later. Based on the purpose of the exchange, shipping fees may apply. If so, the cost of return shipping is $7.50 and will be deducted automatically from your refund. Note that additional fees may apply for packages over 10 pounds.

For U.S. customers, Blue Origin Shop will provide return labels using UPS or USPS for secure shipping and return package tracking. Simply print your shipping label and place item(s) in original packaging. All you need to get started is your 7 digit order number and zip code. Your order number can be found in your order confirmation email or on the packing slip next to 'PO Number' (it usually starts with 1 and is 7 digits long). Please include a copy of your packing slip with your return, if possible.

If you have any questions or concerns about an order or transaction placed on the Blue Origin Sites or Portals, please contact Blue Origin support here:

—For Blue Origin Online Store: shop@blueorigin.com

The Sites and Portals may sometimes provide links to third-party websites. Blue Origin is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Blue Origin does not assume any responsibility or liability for the actions, content, product and/or services of these or any other third parties. You should carefully review their terms of use.

By accessing, viewing, or using the Sites or Portals, you agree that the laws of the state of Washington, USA will govern these Terms of Use without regard to principles of conflict of laws, and any dispute of any sort related to the Sites or Portals that might arise between you and Blue Origin.

In addition, if you are resident in the UK, European Economic Area, or the United Arab Emirates, you may have rights to bring any claim in your local courts and under local consumer legislation. You may also have rights under the EU Dispute Resolution processes, details of which can be found at https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint_en.

Blue Origin reserves the right to make changes to the Sites and Portals, policies, and these Terms of Use at any time. If changes are made to these Terms of Use, Blue Origin will notify you by changing the “Effective Date” above or as required by law. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining term.

As used in this Policy, “Blue Origin” refers to the Blue Origin family of affiliates, including Blue Origin, LLC, Blue Origin Florida, LLC, Blue Origin International, LLC, and Blue Origin Texas, LLC.