Launch Sample Sale, LLC
A California Limited Liability Company
Effective Date: May 7, 2019
Certain features of the Services may be subject to additional terms and conditions (“Additional Terms”) presented in conjunction with them. We may present Additional Terms to you through the Services. Regardless of how they are presented to you, we require that you agree to Additional Terms before using these features of the Services. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, you will not have access to the aspect of the Services to which they relate. These Terms and Additional Terms apply equally. If, however, any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail but only for the service(s) to which the Additional Terms apply.
Changes to Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. You agree that we will not be liable to you for any change or discontinuance, in whole or in part, of the Terms, or the Services.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to and agree to check this page so that you are aware of any changes.
Who Can Use the Services
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of at least 18 years of age, of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.
Access to the Services
We may withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if all or any part of the Services is unavailable at any time, or for any time period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users.
To access the Services or some of the resources they offer, you may be asked to provide certain registration details or other information, which will be subject to these Terms. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete.
Intellectual Property Rights
Launch (and its licensors) owns all Services and Launch Content. “Launch Content” means all content, features and functionality (including but not limited to all information, code, content, drawings, graphics, metadata, meta tags, software, text, images, video and audio, and the design, selection and arrangement thereof, the compilation of all of the foregoing and all intellectual property rights and goodwill associated therewith) available through the Services, or otherwise provided to you by or on our behalf through the Services. Launch Content excludes Personal Data. We reserve all rights in and to the Launch Content. Except as expressly granted to you under these Terms, we do not grant you any right, title or interest in or to any part of the Launch Content.
You will not copy, reproduce, publish, distribute, transmit, disseminate, display, exhibit, edit, modify, and create derivative works from, or exploit in any way, any part of the Launch Content. You will not frame or utilize framing techniques to enclose our trademark, logo, or other proprietary information. You will not use any meta tags or any other "hidden text" utilizing our name or trademarks. You will not delete, remove or otherwise alter any copyright, trademark or other proprietary notice appearing in or on the Launch Content. You will not take any action to jeopardize, limit or interfere in any manner with our rights in and to the Launch Content. You agree not to portray us or the Services in a false, misleading, derogatory or otherwise offensive manner. We reserve the sole and exclusive right at our discretion to assert claims against third parties for infringement or misappropriation of our intellectual property rights in the Launch Content. The Services may contain Launch Content owned or licensed by third parties. All restrictions set forth in these Terms equally apply to all Launch Content owned or licensed by third parties.
Grant of License
Subject to the restrictions in these Terms, you may use the Services for your personal, non-commercial use. You will not, nor will you assist or direct any third person to: (i) extract, separate, remove or otherwise copy the Launch Content; (ii) disassemble, decompile, reverse engineer or otherwise convert any part of the Launch Content to source code or a human-perceivable form; (iii) adapt, modify, edit, or create a derivative work of the Launch Content; (iv) distribute, encumber, lease, rent, sell, transmit, transfer, or otherwise dispose of the Launch Content, in whole or in part; or (v) use the Launch Content for any other purpose.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will cease immediately. No right, title or interest in or to the Services or any content on the Services is transferred to you, and we reserve all rights not expressly granted. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. To the fullest extent permissible by applicable law, you acknowledge that any use of the Services except as expressly permitted by these Terms will cause irreparable injury for which monetary damages would not be sufficient, and you consent to entry of immediate and permanent injunctive relief with respect to such unauthorized use.
You must use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
· In any way that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, false or inaccurate, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms or violate these Terms in any way.
· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
· To impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity.
· To collect or store Personal Data about other users.
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or our users or expose them to liability.
· To use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
· To use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
· To use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
· To use any device, software or routine that interferes with the proper working of the Services.
· To introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
· To attempt to gain unauthorized access to, including but not limited to via hacking or other illicit means, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
· To attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
· To otherwise attempt to interfere with the proper working of the Services.
Reliance on Posted Information
The information, including Launch Content, presented on or through the Services is made available solely for general information purposes. Despite our efforts to provide useful and accurate information, errors may appear from time to time. We disclaim all liability and responsibility arising from any reliance placed on such materials.
The Services may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Services
We may update the content on the Services, including Launch Content, from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Third Party Links
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only, and imply no endorsement of such linked sites. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such third party sites.
We make no claims that the Services or any Launch Content is accessible or appropriate outside of the United States. If you access the Services from outside the United States, you understand that any data, including Personal Data that you transmit to us or we collect from you will be collected from and stored in either the United States or wherever our teams are located.
Disclaimer of Warranties
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. EXCEPT AS PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL WE, OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SITES LINKED TO IT, LAUNCH CONTENT OR CONTENT OF OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. HOWEVER, IF WE ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR LAUNCH CONTENT, OUR LIABILITY WILL NOT EXCEED $100.00 USD.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless us, our service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of Launch Content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Services. This obligation will survive the termination or modification of these Terms.
Governing Law and Jurisdiction
These Terms are governed by, and construed in accordance with, the laws of the State of California without regard to any conflicts of law rules. Any controversy or claim arising out of or relating to these Terms or the Services will be settled by arbitration in accordance with the Arbitration Rules of the American Arbitration Association[AA4] and conducted by an arbitrator selected by the parties concerned in the arbitration. The seat of the arbitration will be in Los Angeles County, California. The award of the arbitrator will be final and binding. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived. Each party retains the right to seek judicial assistance: (a) to compel arbitration; (b) to obtain interim measures of protection pending arbitration; and (c) to enforce any decision of the arbitrators, including the final arbitral award. The prevailing party in the arbitration is entitled to receive reimbursement of its reasonable expenses, including attorney’s fees, incurred in connection therewith.
No Class Actions
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
Time Bar to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
Our failure to enforce or exercise any of these terms is not a waiver of that section. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.
Entire Agreement and Assignment
Notice of Infringement Claims
If you believe that your work has been improperly copied and posted to the Services, please provide us with your name, address, telephone number, e-mail address, a physical or electronic rendering of your signature, a description of your copyrighted work, a description of the location of your copyrighted work on the Services and a statement by you made under penalty of perjury that the above information is accurate and that you are the copyright owner or otherwise authorized to act on behalf of the copyright owner.
Your Comments and Concerns
You may notify us in writing of any objectionable content. We will make a good-faith effort to investigate all allegations of objectionable content that violates the Terms, including, if needed, requesting additional information or processing a possible counter-notification, but we do not represent or warrant that we will take any action relating thereto.
Notices for Complaints
Send all legal notices under these Terms, including but not limited to those related to a possible claim of copyright infringement, to:
Launch LA Sample Sale, LLC
16166 Twinberry Ct
Fontana, CA 92336
If you have questions about these Terms, please feel free to send us an e-mail at firstname.lastname@example.org
Thank you for using the Services.