This Agreement (the “Agreement”) is between you (“Customer” or “you” or “your”) and the Launch Group entity which owns the Software that you are accessing or using (“LaunchGroup” or “we” or “us” or “our”). If you are agreeing to this Agreement not as an individual but on behalf of your company, government, or other entity for which you are acting (for example, as an employee or governmental official), then “you” means your entity and you are binding your entity to this Agreement. Launch Group may modify this Agreement from time to time. The Software is not intended for and should not be used by anyone under the age of 18. You must ensure that all Authorized Users are at least 18 years old. The “Effective Date” of this Agreement is the date which is the earlier of (a) your initial access to or use of the Software (as defined below) or (b) the effective date of the first Order referencing this Agreement. By clicking on the “I agree” (or similar button or checkbox) that is presented to you at the time of your Order, or by using or accessing the Software, you indicate your assent to be bound by this Agreement. If you do not agree to this Agreement, do not use or access the Software. When you use our website, purchase our software, login to our membership areas or join any of our social media communities (“The Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). We reserve the right to update and change our Terms of Service without notice. New features or changes shall be subject to the Terms of Service. Continued use of our website or service after this agreement was signed constitutes your consent to such changes.
Terms of Service
1. To purchase any of our products, you must complete a signup process and by doing so you are required to provide your legal full name, and any other information requested. You cannot misrepresent yourself or take on the identity of someone else while using this service.
2. You are responsible for maintaining the security of your account and password. Launch is not liable for any loss or damage from your failure to comply with this security obligation.
3. You are responsible for content posted and activity that occurs with your account. You cannot use our service for any illegal purpose or to violate any laws. If you do, your account will be terminated and you will be responsible for your actions.
4. Our products are customizable and may be modified with infinite possibilities. Because of this, our customer support is limited. We provide extensive free support materials and resources including memberships areas, step-by-step guides, pre-recorded training videos, knowledge base, start help guides, live training and more. We do not provide phone, email, SMS or any social media messenger support. We encourage you to seek answers in our Facebook community and all the aforementioned resources. In the unlikely event you are not able to find an answer, you may send a message through our Help Desk located in our LaunchAIO platform menu. Furthermore, you fully and completely understand that our products are self-serve and do not include live support.
When you purchase our products, you are given access to information and technology which is considered software as a service “Saas” and because of this, we do not issue refunds. Upon purchase you are agreeing that all sales are final regardless of if you logged in, accessed or used them. You agree that the following grounds are not acceptable reasons for refunds:
a) You've changed your mind
b) You've decided our product is "Not what I need"
c) You've decided to stop using our product
d) You don't have the time to use our product
e) You've found a different solution
f) You made some modifications and now our product isn't working
g) Your business no longer needs our product
h) You experience conflicts with other 3rd party software connected to our product.
i) The product is not what you expected
j) You didn’t receive acceptable customer support
k) Any other reason
Sales Are Final
When you make a purchase from us, and have signed this policy you fully understand that all sales are final. You agree to never dispute or charge-back the purchase with your bank or credit card company. If you do, you agree that the charges were valid and further agree that Launch shall automatically be entitled to all funds collected regardless if you change your mind later.
We Do Not Prorate
When you make a purchase from us, you are purchasing access to our software and are committing to paying the full amount you are billed. In the event you cancel or are terminated, we do not prorate fees or provide partial refunds.
You understand that access to the software, support, members area, materials and documentation terminates when an account is cancelled or the account is terminated.
Termination Without Refund
We reserve the right to terminate accounts without refund or prior notice if you violate our published policy or become verbally abusive to our staff, other users of our site or our associates. In case such a user tries to resubscribe to our site we reserve the right to terminate his/her account without a refund or prior notice and block his/her IP address.
Changing or Modifying Subscriptions
1. If you change your subscription level, your credit card will automatically be charged the upgraded or downgraded rate.
2. Changing your subscription may cause the loss of content and features and Lunch does not accept any liability for such loss.
Cancellation and Termination
1. Should you decide to cancel service, you agree you are responsible for cancelling your account and the cancellation is not final until you have received cancellation confirmation via email. to cancel, you must do the following: Send an email with the subject line: “Cancellation” to Support@LaunchAutomations.com. We will send you a confirmation email within 72 hours. If you cancel and do not receive a confirmation email within 72 hours, check your SPAM/junk mail folder. If you have not received the confirmation email - your account is not cancelled and you agree to contact us via phone to confirm. Your account is not cancelled until your cancellation confirmation email has been received by you.
2. All of your content will be immediately deleted from Launch upon cancellation. This information cannot be recovered once your account is cancelled.
3. If you cancel any Launch before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again, but you are responsible for all charges you have previously incurred.
4. LAUNCH will not continue to provide service to customers who file chargebacks.
5. LAUNCH, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of LAUNCH, or any other LAUNCH service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. LAUNCH reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
LAUNCH reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.
Prices of all LAUNCH products and services, including but not limited to monthly subscription plan fees to LAUNCH, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Launch Site (www.LaunchCRO.com) or LAUNCH itself.
LAUNCH shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of LAUNCH.
Copyright and Content Ownership
All content posted on LAUNCH must comply with U.S. copyright law. LAUNCH does not pre-screen content, but LAUNCH and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via LAUNCH. You may not duplicate, copy, or reuse any portion of the code or visual design elements without express written permission from LAUNCH.
1. Your use of LAUNCH is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is only provided to paying account holders and is only available via support ticketing.
3. You understand that LAUNCH uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service.
4. You must not modify, adapt or hack the service or modify another website so as to falsely imply that it is associated with the Service, LAUNCH, or any other LAUNCH service.
6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the Service, computer code that powers the Service, or access to the Service without the express written permission by LAUNCH.
7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any LAUNCH customer, employee, member, or officer will result in immediate account termination.
9. You understand that the technical processing and transmission of the Service, including your Content, may be transferred, unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
10. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
11. You must not transmit any worms or viruses or any code of a destructive nature.
12. LAUNCH does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
13. You expressly understand and agree that LAUNCH shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if LAUNCH has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; or (e) any other matter relating to the service.
15. The failure of LAUNCH to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and LAUNCH and govern your use of the Service, superseding any prior agreements between you and LAUNCH (including, but not limited to, any prior versions of the Terms of Service).
Content & Copyright
Our websites cannot be moved or copied or replicated to any other company. They are not traditional sites. They are more like software. They are dependent upon our server and database and we own the copyright to all of our original content (templates, text, and images). Please respect our copyright. We will enforce it to the fullest extent of the law. If you do not want to use our hosting, hire a designer, a writer, and create your own original site and content. You may not copy our text, images, template, content, or layout.
We do not allow spam to be sent using any of our products. Spam includes, but is not limited to, sending emails to people who have not opted into your list, adding people to your list without their approval, or adding people back into your list who have chosen to opt-out. Violation of this can result in the cancellation of your account.
You are prohibited from using viruses (trojans, adware, bots, software, etc) to market your site or capture page. Violation of this can result in the suspension or cancellation of your account.
You represent and warrant each of the following by checking it and signing this agreement:
You have obtained, and throughout the term of the Agreement will maintain, all local, state, and federal licenses, registrations, and approvals required to conduct your business.
You understand, currently fully complies with, and during the term of the Agreement, will fully comply with all relevant provisions of all of the following as amended from time to time:
• Section 5 of the Federal Trade Commission Act, 15 U.S.C. §5;1
• The Electronic Funds Transfer Act, 15 U.S.C. § 1693, et seq. (“EFTA”) and all regulations implementing the EFTA including without limitation Regulation E, 12 C.F.R. §1005.1, et seq.;2
• The Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. (“FCRA”) and all regulations implementing the FCRA including without limitation Regulation V, 12 C.F.R. §1022.1, et seq.;
• The Credit Repair Organizations Act, 15 U.S.C. §1679, et seq.;
• The Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §6101, et seq. (“TCFAPA”), and all regulations implementing the TCFAPA including without limitation the Telemarketing Sales Rule (“TSR”), 16 C.F.R. Part 310;
• The Consumer Financial Protection Act of 2010, 12 U.S.C. §5531, et seq.;
• The Truth In Lending Act, 15 U.S.C. § 1601, et seq. (“TILA”) and all regulations implementing the TILA including without limitation Regulation Z, 12 C.F.R. §1026.1, et seq.;
• The Telephone Consumer Protection Act, 47 U.S.C. §227, et seq. (“TCPA”) and all regulations implementing the TCPA including without limitation 47 C.F.R. §64.1200, et seq.;
• The Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001, et seq.; and
• All other applicable federal, state, and local laws, rules and regulations including, without limitation, those referring, relating or pertaining to the foregoing, consumer privacy and protection, credit, lending, finance, usury, and banking, and with the Rules (as defined in the Agreement).
You will immediately notify us in writing of any inquiry, investigation, complaint, charge, subpoena, claim, request for information, judgment, injunction, restraining order, cease and desist order, any similar judicial, quasi-judicial, administrative, or executive order, or any license or permit revocation or cancellation, by any local, state or federal law enforcement or regulatory agency, entity, or official in connection with or relating to your business including without limitation any complaints, charges or claims against you by any customers of yours or by any local, state or federal official. In addition to the indemnity obligations set forth in the Agreement, you will also indemnify and hold us harmless from and against any and all losses, costs, liabilities, damages and expenses (including attorneys’ fees and collection costs) resulting from or incurred in connection with any breach of the Agreement including and as modified by this Addendum, and/or resulting from or incurred in connection with any inquiry, investigation, complaint, charge, subpoena, claim, or request for information of or against you, or against or involving us in connection with you, by any local, state or federal law enforcement or regulatory agency in connection with or relating to your business including without limitation any complaints, charges or claims by any customers of you or by any local, state or federal official.
You further understand that we may terminate the Agreement effective immediately in the event of any breach of this addendum or as otherwise set forth in the Agreement.
We adhere to Payment Card Industry Data Security Standards (‘PCI DSS”). You agree to adhere to PCI DSS requirements with respect to any handling of cardholder data. You agree to take precaution in securing your clients social security number information as well as all sensitive personal information. You shall be solely responsible for any and all liability related to the handling of cardholder data and client personal information. We reserve the right to temporarily suspend access to services in order to minimize threats to the security and to protect operational stability and security of the services. We do not guarantee the security of the services and will not be responsible for any infiltration of its security systems.. In no event will we be liable for transaction processing or other services performed by any third party.
Limitation of Liability
Our software products and resources offer information, not legal advice. We make every effort to ensure the accuracy of the information and to clearly explain your options. We recommend you consult an attorney, your city or your state. Launch reserves the right to change our agreement and to impose new conditions on use of the site. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified. The information on our website and within our software is for informational purposes only. Neither the publisher nor the author shall be liable for any physical, emotional, financial or commercial damages, including but not limited to special, incidental, consequential, or other damages caused or allegedly caused directly or indirectly. We disclaim any liability incurred from the use or application of the contents of our content. LAUNCH and our employees are not responsible for your actions. You are solely responsible for your own actions and decisions and the evaluation and use of our products and services should be based on your own due diligence. You agree that LAUNCH is not liable to you in any way for your results in using our products and services. Launch and its owners, principals, representatives and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, products, services, or materials on the website. While we strive to keep the information on the website accurate, complete, and up-to-date, we cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on the website and in products and services featured on the website. Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site, including our messaging, comments of others, books, emails, products, or services, or third-party materials, products, or services made available through the site or by us in any way, even if we are advised beforehand of the possibility of such damages. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site, any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials. By using our products, and using this and any of our websites or materials, you agree at all times to defend, indemnify and hold harmless LAUNCH and its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.