TERMS OF SERVICE
Updated March 20th, 2018
This website is operated by Launch Dream, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Launch Dream, LLC. Launch Dream, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE SERVICES TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell, transmit, or exploit any portion of the Service, use of the Service, content in the Service, access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site is not a substitute for management, legal, financial, fiduciary, investment, due diligence or any other kind of professional expert advice.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party or sponsor for any modification, price change, suspension or discontinuance of the Service.
You agree to pay the fees and any other charges incurred in connection with your use of the website (including any applicable duties, taxes, shipping, and handling) at the rates in effect when the charges were incurred.
Sometimes we may offer complimentary, promotional or introductory offers which provide limited time, free or discounted price for some of our services. These prices will revert back to the list price on expiry of the offer or terms of the offer.
We use the Stripe and PayPal payment systems for billing and payment collection. They maintain all your credit card or bank account numbers. They will bill all charges to your credit/debit card using their secure payment system. Your bill may show the biller's name as "ScaleUP | Launch Dream" for our service.
Online service fees will be billed at the beginning of the service. Paid service may be canceled within the first 24 hours after placing the order with full refund except for any applicable credit/debit card refund charges or bank refund charges. All fees and charges associated with the service are non-refundable after 24 hours after placing the order.
You are responsible for any fees, taxes, duties or charges incurred to access the website through an internet access provider or other third-party services.
Unless otherwise specified, all prices are stated without any applicable excise, sales, use, value-added, or other taxes or duties imposed upon the production, sales or delivery of the services or deliverables. Any such taxes, when applicable, will be charged when assessed as separate additional items on invoices or when required by government authorities unless valid exemption certificates are in the possession of us at the time of the order.
SECTION 5 - SERVICES
We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All descriptions of Services and pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited.
We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - NOT A BROKER-DEALER
We will not, either alone or in participation with any client, become engaged in effecting the sale of, or offering for sale, any securities.
We shall not participate in negotiations with potential investors leading up to, nor offer any opinion or recommendation as to the merits of, making an investment in any client, nor provide any advice relating to the valuation of or the financial advisability of such an investment.
We shall not assist any potential investor in completing subscription documentation regarding any investment in any client, nor shall we receive any funds from potential investors or handle any securities sold to potential investors.
We shall not provide any financing to potential investors for making an investment in any client, nor shall we assist potential investors in arranging for such financing.
We shall not perform any independent analysis of an investment in any client, assist in structuring offering terms, or assist in preparing any offering materials for any client in connection with an offering of securities by any client.
We shall not participate in any advertisement, endorsement or general solicitation regarding any client securities, other than publishing client’s profile or promotions on the site.
We are not required to register as a broker-dealer under the securities exchange act or the rules and regulations promulgated thereunder, whether in connection with its activities under the ScaleUP USA program or otherwise.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per business or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all registrations made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access or introduction to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access or introduction to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY AND SPONSOR CONTENT AND LINKS
Certain content, products and services available via our Service may include materials from third-parties or sponsors.
Third-party or sponsor content or links on this site may direct you to third-party or sponsor websites that are not affiliated with us. We are not responsible for examining or evaluating the third-party or sponsor content or accuracy on our site and we do not warrant and will not have any liability or responsibility for any third-party or sponsor content or materials on our websites, or for any other materials, products, or services of third-parties and sponsors elsewhere.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party or sponsors through our or their websites. Please review carefully the third-party's and sponsor’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party or sponsor’s content, material, products or services should be directed to the third-party or sponsor.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example educational content) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove 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.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
The site editor/moderator may communicate with you by e-mail as part of managing and promoting our Services. Your continued usage of the site indicates your agreement to accept these emails.
(a) We may ask you to order services on our site. When you do this, we and/or our agents collect personally identifiable information about you such as your name, e-mail address, telephone number, and areas of interest. When personally identifiable information is collected, you will know because you will have to fill out a form. We use personally identifiable information in a limited number of ways. First, we use the information to complete encrypted order transactions and fulfill order requests for our services. Second, we also use the contact information you provide to send you e-mail for services that we believe may be of interest to you. Third, we use sponsors to develop valuable free or subsidized content or programming and if you register for such sponsored programs they will have access to your contact information. Forth, we use third party technology platform companies to deliver our services to you and therefore they have access to your information. Finally, we may occasionally release personal information as required by law, for example, to comply with a court order or subpoena.
(b) When you use our site, we may collect tracking information such as your browser type, the type of operating system you use, the domain name of your internet service provider, the website or search engine that referred you to us and pages visited on our site. We collect it for aggregate reporting on site activity. For example, we may want to know how long the average user spends on our site or which pages or features get the most attention. We use this information to make the site more useful to you. We may use "cookies" to store and sometimes to track user information. Cookies, by themselves, do not tell us the e-mail address or other personally identifiable information. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. A cookie contains an unique number that allows our site to recognize your computer. The help function on most browsers contains information on how to set your browser to notify you before accepting cookies or to disable cookies entirely. However, if you don't accept cookies, you may not be able to take advantage of various features on our site that are available to other visitors.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to content, products, services, descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). For any paid order cancellations by us, our only responsibility to the paying client is to make prorated refunds for the unused portion of the service in a reasonable amount of time.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our or others intellectual property rights or copyrights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. For any paid order cancellations by us, our only responsibility to the paying client is to make prorated refunds for the unused portion of the service in a reasonable amount of time.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Launch Dream, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, sponsors, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Nothing contained in this agreement shall constitute a partnership or joint venture with the users, third-parties or sponsors nor make either party the agent or representative of the other. Neither party has authority to bind the other or incur any liabilities on behalf of the other, nor to direct the employees of the other.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Launch Dream, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, sponsors, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party or sponsor.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - DISPUTES RESOLUTION.
The user expressly agrees that this contract shall not be governed by the united nations convention on contracts for the international sale of goods. This agreement shall be interpreted and governed by the laws of the United States of America and the Commonwealth of Virginia.
Any dispute arising out of this agreement shall be settled by final and binding arbitration conducted in Fairfax county, Virginia, USA by one neutral arbitrator knowledgeable in the subject matter covered by this agreement, in accordance with this section and the then current commercial arbitration rules of the American Arbitration Association (“AAA”).
The successful party in the arbitration shall be awarded by the arbitrator that party’s costs and expenses, including attorneys’ fees and administrative fees of the AAA. An award may be confirmed, and judgment entered in any court of competent jurisdiction located in Northern Virginia, USA.
Any notice or other communication required to be given or made under this agreement shall be via written electronic communications in pdf format and shall be submitted to Launch Dream LLC at the scaleupusa@Launchdream.us email address
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at scaleupusa@Launchdream.us.