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TERMS AND CONDITIONS

Welcome to the website of Launchpad Build, Inc. (“Launchpad” or “we” or “us”) located at www.Launchpad.build (the “Site”). Please read these Terms of Use (these “Terms”) and our Privacy Policy carefully because they govern your use of the Site.

Agreement to Terms

By accessing the Site, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not access or use the Site. If you are accessing and using the Site on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind your company or other legal entity to these Terms, and the words “you” and “your” in these Terms will be deemed to refer to your company or other legal entity.

Privacy Policy

Our Privacy Policy describes the information we may collect from you, how we collect it, and how we may use and disclose that information.  You acknowledge and agree that your use of the Site, and any manufacturing services available through the Site, are subject to the terms and conditions of our Privacy Policy.

Changes to Terms or Services

We may modify these Terms at any time, in our sole discretion. If we do that, we will let you know either by posting the modified Terms on the Site (with a new “Last Updated” date) or through other communications.  It is important that you review these Terms whenever you access the Site because your continued accessing or use of the Site after we have modified these Terms and posted the modified version to the Site will constitute your acceptance of and agreement to be bound by the modified Terms.  If you do not agree to be bound by any modification to these Terms, you may not continue to access or use the Site. Because our services are evolving over time we may change or discontinue all or any part of the features of the Site, at any time with or without notice, at our sole discretion.  You agree that we will not have any liability to you for any modification, suspension, or discontinuation of any features of the Site.

EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Launchpad WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Who May Use the Site
Eligibility

The individual who agrees to these Terms (whether as an individual or on behalf of a company or other legal entity) represents that he or she is at least 18 years old and is capable of forming a binding contract with Launchpad.

Registration and Your Information

If you want to use certain features of the Site you’ll have to create an account (“Account”), by following the procedure on the Site.  In particular, if you would like to send us designs, drawings, or other similar materials relating to products for which you would like us to provide you with a manufacturing quote, you will need to create an Account and agree to our Customer Services Agreement which you can access at (the “Services Agreement”) and whose terms and conditions will govern the manufacturing services (the “Services”).  If there is any conflict between these Terms and any term or condition contained in the Services Agreement, the Services Agreement will control with regard to the Services described in the Services Agreement.  In setting up your Account, it is important that you provide us with complete and accurate information.  You agree to update that information to keep it accurate, complete and up-to-date at all times. If you don’t, we reserve the right to suspend or terminate your Account. You agree that you will not disclose your Account password to anyone else and that you will notify us immediately of any unauthorized use of your Account. You agree that you will be responsible for all activities that occur under your Account, whether or not you have authorized them or know about them.

Feedback

We welcome your feedback, comments and suggestions for improvements to the Site and the Services (“Feedback”). If you provide us with any Feedback, whether by email or any other means, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable license, with rights to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, distribute, publish, create derivative works based upon, and otherwise exploit the Feedback to improve our Site or Services or for any other purpose.  You represent and warrant to us that you either own all rights to your Feedback or otherwise have the right to grant us the license rights described above.

Content and Content Rights

As used in these Terms: (i) “Content” means text, graphics, images, layout, color schemes, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Site; and (ii) “User Content” means any Content that holders of Accounts or visitors to the Site (including you) may provide to be made available through the Site; provided, however, User Content does not include designs, drawings or other similar material you may submit to Launchpad in connection with your request for a quotation for manufacturing Services based thereon or the purchase of those manufacturing Services.

Content Ownership, Responsibility and Removal

Launchpad and its licensors exclusively own all right, title and interest in and to the Site and Content, including all associated intellectual property rights. You acknowledge that the Site and Content are protected by copyright, trademark, and other laws of the United States and foreign countries.  You may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legends incorporated in or accompanying the Site or Content. You agree not to access the Site by any means other than through the interface Launchpad provides via the Site for use in accessing the Site. Your use of the Site does not grant you any right, license or permission of any kind to reproduce or use Launchpad’s intellectual property.  Notwithstanding the above, Launchpad does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.

Rights in User Content Granted by You

Currently, we do not provide a means for visitors to the Site to post User Content, but we may do so in the future.  By making any User Content available at the Site you hereby grant to Launchpad a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Site, the Content, and the Services to you and to other Account holders.  You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by Launchpad on or through the Site will infringe, misappropriate or violate a third party’s legal rights, including but not limited to intellectual property rights and rights of publicity or privacy, or result in the violation of any applicable law or regulation.  The Site may not provide the functionality for you to remove or delete your User Content from the Site once it has been submitted to us and we will not be responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by Launchpad

Subject to your compliance with these Terms, Launchpad grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Site and solely for your personal and non-commercial purposes.

General Prohibitions and Launchpad’s Enforcement Rights

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Site or any individual element within the Site, Launchpad’s name, any Launchpad trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Launchpad’s express written consent;
  • Access, tamper with, or use non-public areas of the Site, Launchpad’s computer systems, or the technical delivery systems of Launchpad’s providers;
  • Attempt to probe, scan or test the vulnerability of any Launchpad system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Launchpad or any of Launchpad’s providers or any other third party (including another user) to protect the Site or Content;
  • Attempt to access or search the Site or Content or download Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Launchpad or other generally available third-party web browsers;
  • Use the Site or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, or spamming the Site;
  • Access the Site in order to build a similar or competitive website, application or service;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Although Launchpad is not obligated to monitor access to or use of the Site or Content or to review or edit any Content, we have the right to do those things for the purpose of operating the Site and the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, in our sole discretion, consider any Content to be objectionable or in violation of these Terms. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third Party Websites or Resources

The Site may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on those websites. You acknowledge that you are solely responsible for, and assume all risk arising from, your use of any of those third-party websites or resources.

Termination

We may terminate your access to and use of the Site or Services, in our sole discretion, at any time and without notice to you. You may cancel your Account at any time by notifying us of the cancellation at our email address at the end of these Terms.  Upon any termination, discontinuation or cancellation of your Account or your access to the Site or Services, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Indemnity

You agree to defend, indemnify and hold harmless Launchpad and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or resulting from (i) your access to or use of the Sites, the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

Warranty Disclaimers

THE SITE AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Site or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Limitation of Liability

LAUNCHPAD WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, PROPERTY DAMAGE, OR THE COST OF SUBSTITUTE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF LAUNCHPAD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL LAUNCHPAD’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT EXCEED (A) THE AMOUNTS YOU HAVE PAID TO LAUNCHPAD FOR USE OF THE SITE OR CONTENT OR, (B) IF YOU HAVE NOT PAID LAUNCHPAD ANYTHING, ONE HUNDRED DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LAUNCHPAD AND YOU AND WILL APPLY EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE LIMITATIONS IN THE “WARRANTY DISCLAIMERS” AND “LIMITATION OF LIABILITY” SECTIONS ABOVE MAY NOT APPLY TO YOU

Dispute Resolution

These Terms, the Services Agreement, and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Services Agreement.  Except for claims for injunctive or equitable relief regarding intellectual property rights (which may be brought in any state or Federal court of competent jurisdiction located in Los Angeles County, California), any claim, dispute or controversy arising out of, relating to or concerning these Terms or the Services will be decided by binding arbitration in accordance with the Rules of the American Arbitration Association. Any claim must be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, with Launchpad and you each bearing its and your own costs and legal fees related to the arbitration, regardless of whether you or Launchpad prevails. 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 the claim or cause of action arose or be forever barred. The place of the arbitration will be Los Angeles County, California and you expressly agree that it will be the sole site of any such arbitration. Judgment on any award of the arbitrators may be entered by any court of competent jurisdiction located in Los Angeles County, California, and you and Launchpad expressly consent and submit to the exclusive jurisdiction and venue of those courts for this limited purpose. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede the above disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.

Miscellaneous

These Terms, together with any documents incorporated in these Terms, and the Services Agreement (if you create an Account) constitute the entire and exclusive understanding and agreement between Launchpad and you regarding the use of the Site and Content, and the Services, and they supersede and replace any and all prior oral or written understandings or agreements between Launchpad and you regarding those matters. If any provision of these Terms or the Services Agreement is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the other provisions will remain in full force and effect. You may not assign or transfer these Terms or the Services Agreement, by operation of law or otherwise, without Launchpad’s prior written consent. Any attempt by you to assign or transfer these Terms or the Services Agreement, without that consent, will be null. Launchpad may freely assign or transfer these Terms and/or the Services Agreement without restriction. Subject to the above, these Terms and the Services Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Launchpad under these Terms or the Services Agreement, including those regarding modifications to these Terms or the Services Agreement, will be given: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which the notice is transmitted. You are responsible for providing Launchpad with your most current e-mail address and messages sent by Launchpad to that email address will constitute effective notice even if they do not reach you.

You agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside.

Neither party will be liable for any delay or failure to perform its obligations under these Terms or the Services Agreement (other than the obligation to pay money when due) resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Launchpad’s failure to enforce any right or provision of these Terms or the Services Agreement will not be considered a waiver of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by an authorized representative of Launchpad. Except as expressly set forth in these Terms or the Services Agreement, the exercise by either party of any of its remedies under these Terms or the Services Agreement will be without prejudice to any other remedies available at law or in equity.

Contact Information

If you have any questions about these Terms or the Services, please contact Launchpad at:

hello@launchpad.build
130W Union Street
Pasadena, CA, 91103

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