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Terms of Use

Effective Date: August 2024 

  1. Introduction 

Welcome to this website operated by Launch Inc. (“Launch” or “we,” “our,” or “us”). These Terms of Use apply to your use of https://launchinc.com/ and any other website, app, or online service that posts a link to these Terms of Use (collectively, the “Site“). References to “you,” “your,” and “user” in these Terms of Use refer to both the person using this Site and any organization for which the user is acting. 

  1. Your Acceptance of Terms of Use 

Please read these Terms of Use carefully before continuing to use this Site. These Terms of Use are a legal agreement between Launch and you. These Terms of Use apply each time you access or use the Site. Your continued use of this Site indicates your agreement to be bound by all terms and conditions in the currently posted Terms Of Use. 

If you are accessing or using this Site on behalf of or as the representative of a business or other organization, then you are entering into this accepting these Terms of Use on behalf of the organization and yourself, and you represent and warrant that you have the legal authority to bind the organization to these Terms of Use. 

You understand and agree that we may change these Terms of Use at any time without prior notice, in which case the updated Terms of Use will be posted on our Site, supersede prior versions, and become effective at the time of posting on our Site unless specified otherwise. You should check the Site regularly for any new changes. Your continued use of the Site following any changes to these Terms of Use will indicate your agreement to such changes. 

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THIS SITE. 3. Privacy Policy 

We have a Privacy Policy that applies to the Site. It contains important information about how and why we collect, use, and share information about you. We encourage you to read it so that you will understand our practice with respect to personal information. 

  1. Accuracy, Completeness and Timeliness of Information 

Our Site presents general information about Launch. Although we make reasonable efforts to post information that is current and accurate, Launch does not assume any responsibility or obligation for the accuracy or completeness of information on the Site. The Site should not be relied upon or used as the sole basis for making significant decisions without contacting a Launch representative directly. 

  1. Prohibited Uses of the Site

As a condition of your use of the Site, you agree that you will not use the Site or its contents including any feature, e-mail, or communication function for any purpose that is unauthorized, unlawful, or prohibited by these Terms of Use or by law. You will be responsible for any costs incurred by Launch or any other party (including attorneys’ fees) as a result of your misuse of the Site. Misuse includes, but is not limited to, using the Site or its functionality to: 

  • Disrupt or interfere with the normal operation and navigation of the Site or the availability of the Site to other Users. 
  • Send phishing or other emails under false pretenses including any attempt to acquire another person’s data such as passwords, financial details, and government identification numbers or submit communications on the Site other communications that conceal or falsify your identity. 
  • Disassemble, decompile or otherwise reverse engineer any software or other technology used in or available through the Site. 
  • Transmit viruses, worms, defects, Trojan horses, corrupted files, or any other software or programs of a malicious or deceptive nature or that cause damage to computers or property of others. 
  • Transmit inappropriate, libelous, obscene, salacious, or unlawful information, images or materials; or defame, harass, stalk, threaten or otherwise violate the legal rights of others. 
  • Interfere with access or use of the Site by other users. 
  • Send bulk emails or unsolicited commercial communications 
  • Conduct any unauthorized or unlawful activity. 
  1. Termination of Use of Site 

We may terminate or suspend your access to the Site without prior notice or liability, for any reason whatsoever including, without limitation, if you breach these Terms of Use. Termination of access to the Site will not waive or affect any right or remedy to which Launch may be entitled at law or in equity. 

  1. Site Ownership and Limited Right to Use Site Content 

All content included on the Site, including text, designs, graphics, trademarks, service marks, logos, icons, images, audio clips, downloads, interfaces, and software, any intellectual property held by Launch, and the selection and arrangement of any of these, are the exclusive property of Launch, its content providers, and applicable trademark owners, and is protected by copyright, trademark, and other applicable laws. The copying, downloading and/or printing of content included on the Site is for your personal and non-commercial use only and is conditioned on your not modifying or deleting any copyright, trademark or other proprietary notice that appears on the content. Any other use of content contained on or obtained from the Site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content obtained from the Site is expressly prohibited. Launch, its content providers, and applicable trademark owners retain

full and complete title to the content provided on the Site, including all associated intellectual property rights. Nothing on the Site shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any content, including any trademark, logo, or service mark displayed on the Site, without the owner’s prior written permission, except as otherwise described herein. Launch reserves all rights not expressly granted in and to the Site and its content. 

  1. Digital Millennium Copyright Act Notice 

Launch respects the intellectual property rights of others and requests that you do the same. If you believe that any content appearing on the Site has been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Digital Millennium Copyright Act Agent named below: 

Launch Inc. 

@launchinc.com 

(415) 457-1701 

13 Funston Ave. 

San Francisco CA, 94129 

To be effective, the notification must include ALL the following: 

  1. a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf; 
  2. identification of the copyrighted work claimed to have been infringed; 3. information sufficient to locate the allegedly infringing material on the Site; 4. name, address, telephone number, e-mail address and other information necessary to permit Launch to contact the person submitting the notification; 
  3. a statement that the person submitting the notification has a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law; and 
  4. a statement that the information in the notification is accurate and, under penalty of perjury, that the person submitting the notification is the copyright owner or is otherwise authorized to act on behalf of the copyright owner. 

Launch is under no obligation take any action based on a notification of claimed infringement, and the absolute right and discretion to remove any information and/or material from the Site remains with Launch. 

  1. System Compatibility and Availability of Services 

You acknowledge and agree that Launch is not responsible for (a) the compatibility or functionality of our Site on your software, browser, or devices or your network connections with the Site, (b) your Site access, availability, use, or the receipt, timing, or accuracy of information you receive from or transmit to the Site.

The Site may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of the Site, including certain features and the support for certain devices and platforms, at any time. 

  1. Links to Third-Party Resources 

This Site may contain links to third-party websites, applications, platforms, social media, or other internet resources not under our control or operation. Launch does not endorse and is not responsible for or have control over how your information is collected or used by the 

operators of third-party resources, the contents of any linked location or any link contained within a linked location. Your access to and use of any linked third-party location may be conditioned upon the third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, malware, and any other harmful technology or content. 

  1. Disclaimer of Warranties 

YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. LAUNCH PROVIDES THE SITE AND ALL INFORMATION, CONTENT, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LAUNCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THE SITE OR ANY INFORMATION, CONTENT, AND/OR SERVICES PROVIDED OR MADE AVAILABLE ON OR BY MEANS OF THE SITE OR THE AVAILABILITY OF THE SITE ITSELF OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE SITE. WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER, LAUNCH DOES NOT WARRANT THAT THE SITE OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR FREE OF ERRORS, DEFECTS, VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS AND GIVES NOTICE THAT IT IS POSSIBLE THAT THE SITE OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE SITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME OR PERMANENTLY. 

  1. Limitation of Liability 

YOU UNDERSTAND AND AGREE THAT LAUNCH, ITS SUBSIDIARIES, AND OTHER AFFILIATES, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS, SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE SITE AND THE INFORMATION, CONTENT, REQUEST SUBMISSION FORMS AND EXPERIENCES PROVIDED THROUGH THE SITE. LAUNCH SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF LAUNCH HAS BEEN INFORMED IN ADVANCE OF THE

POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY LAUNCH. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. LAUNCH’S TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $50. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION FROM LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THE SECTION ABOVE MAY NOT APPLY TO YOU. 

  1. Indemnification 

You agree to indemnify, save, defend, reimburse and hold harmless Launch and its officers, directors, members, partners, employees, and representatives from and against any third-party claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees), resulting from: (a) your use of the Site; (b) your breach of any provision of these Terms of Use; and/or (c) your violation of any rights of another, whether by action or omission, in connection with this Site. 

  1. Dispute Resolution 

If you have any dispute with or claim against Launch (a “Dispute”) arising out of or relating to the Site, these Terms of Use, or any communications between you and us relating to the Site, you agree to work with us in good faith to resolve your Dispute on the following terms and conditions. 

  1. You agree to send us a written notice of the Dispute within one year after the circumstances leading to your Dispute occurred. If we do not receive your notice within one year after your Dispute arose, you waive the Dispute. 
  2. Your notice will explain the nature of the Dispute and specify the damages or other relief you seek. 
  3. You must send your written notice by certified mail or nationally recognized overnight delivery service addressed to Launch at privacy@launchinc.com and/or 13 Funston Ave., San Francisco CA, 94129, Attention: Launch Operations 
  4. If we and you are unable to resolve the Dispute within 30 days after we receive your notice, either you or we may file an individual action in small claims court in San Francisco County to resolve the Dispute. 
  5. This Section shall survive termination of your use of the Site or any user account that you may have. 
  6. Governing Law and Jurisdiction 

These Terms of Use shall be governed by and construed and enforced in accordance with the internal substantive laws of the State of California without regard to its conflicts of laws principles. All disputes arising out of or with respect to these Terms of Use or the Site shall be heard exclusively in the courts, state and Federal, located in San Francisco, California and you hereby consent to the jurisdiction and venue of such courts. Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or

tort, law or equity) by you must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

  1. Geographic Restriction 

Launch is based in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 

  1. Miscellaneous 

Headings are for reference purposes only. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, our Privacy Policy, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof. right or provision. 

  1. How to Contact Us 

Questions or comments about these Terms of Use or the Site may be directed to: 

privacy@launchinc.com 

(415) 457-1701 

13 Funston Ave. 

San Francisco CA, 94129 

Thank you for visiting our Site.