TERMS OF SERVICE


Updated July 1st, 2021

OVERVIEW

This “ScaleUP USA” website is operated by Launch Dream, LLC. Throughout the site, the terms “ScaleUP USA”, “we”, “us”, and “our” refer to Launch Dream, LLC. Launch Dream, LLC offers this website, including all information, tools, products, 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, students, merchants, partners, sponsors, 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, tools, or products 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: SCALEUP USA SERVICES

The ScaleUP USA website focuses on the following Services:

  1. eLearning Services: Building and delivering innovative and transformative, self-paced, video-based e-learning programs/courses to create new career opportunities, jobs, companies, and competitiveness.

  2. Market Development: Help organizations to create awareness, trust, influence, champions, and a community of interest for target corporate buyers, 24X7, at scale, affordably.

  3. Business Acceleration: Work with universities, adult-education centers, workforce development centers, and economic development organizations to create growth accelerators in the US.

  4. US Expansion: Assist international organizations, high-growth businesses, and well-funded startups in US business acceleration and expansion.


SECTION 2: AGE FOR USAGE AND NO UNAUTHORIZED USE

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 3: REFUSAL OF SERVICE AND NO REPRODUCTION

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 4: 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 5: TYPES OF PAYMENT PLANS, PRICES, AND MODIFICATIONS

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 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 to the list price on the 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. We don’t. 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 services are typically charged on a yearly or monthly basis either one time or on an auto-renewal subscription basis. If the services are charged one time, the pricing plan will carry a notification “One Year Access Plan” or “One Month Access Plan.” One-time service plans end automatically at the end of the service timeframe.

If the service is an auto-renewal subscription, the pricing plan will typically carry the notification “Yearly Subscription Plan” or “Monthly Subscription Plan.” Typical subscription plans will auto-renew at the end of the service time frame and may need to be canceled physically by the user or customer by visiting “My Account > Billing > Subscription.” It is the user or customer’s responsibility to cancel the subscription at the appropriate time before auto-renewal. We are not responsible for refunds relating to subscriptions that auto-renew but were not wanted by the user or customer.

You are responsible for any fees, taxes, duties, or charges incurred to access the website through an internet access provider, data charges, 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 our possession at the time of the order.

SERVICE 6: STUDENT ENROLLMENT, PAYMENTS, REFUNDS, AND AUTHORIZATIONS

  1. Student enrollment may consist of enrollment in a single or multiple online programs or courses. When enrollment in a single program allows registration in multiple courses, the program is called a “bundle program.”

  2. The Student shall have responsibility for review of the Program Description for the program or course of the student’s choice whether the student self-enrolls or enrolls with the assistance of an admissions advisor or counselor of an educational institution we have partnered with.

  3. Tuition or down payment for programs and/or courses must be received by us before the student will be allowed access to the programs or courses.

  4. To receive a Certificate of Completion for a course, the student must complete the full course before the course expires.

  5. The student may request the student's enrollment be canceled at any time before the student is registered for and granted access to the first program or course.

  6. One hundred percent (100%) of the tuition amount shall be refunded for refunds requested within 24 hours after registration and granting access to the program or course less any applicable credit/debit card refund charges or bank refund charges.

  7. Fifty percent (50%) of the tuition amount shall be refunded for refunds requested within 10 days after registration and granting access to the program provided no more than 10 percent (10%) of the program has been completed by the student less any applicable credit/debit card refund charges or bank refund charges.

  8. No refunds shall be available after the ten (10) calendar days after registration and granting access to the program or course.

  9. Refund policy shall be superseded by a partner school or third-party funding source’s policy only if that policy is more stringent, such as one that does not allow for refunds or one that allows fewer days in which to request the refund. Consult the partner school or third-party funding source's policies and procedures for additional information.

  10. If the Student requires additional time to complete a course, the student may be granted an extension equal to twenty percent (20%) of the initial duration of access for 20% additional fees.

  11. A student can request a “hold” which is a permitted suspension of the student’s participation in the program without penalty for up to ninety (90) days for documented military deployment or medical concerns. Some program and course hold may incur a fee and the student shall be made aware of this before the hold is initiated. If the Student remains on hold for more than ninety (90) days, the student shall be dropped from the program without a refund.

  12. Students can seek technical support by emailing “scaleupusa@Launchdream.us” or by using the form at “Contact us” on the bottom of our website.  

  13. The student consents and authorizes the release of their student profile, enrollment, and course completion data to (a) Us for researching, developing, or improving its products or services or for public aggregated reporting (b) Third-party academic institution or partner who were responsible for helping the registration of the student with us (c) If required by law, such as to comply with a subpoena, warrant, court order, or similar legal or administrative process, and (d) A third-party purchase or otherwise acquires us, in which case student data will likely be among the assets transferred.
  14. The student’s enrollment may be terminated for several reasons without refund, upon our decision, including failure of the student to comply with our rules and policies, failure to comply with the terms and conditions set forth herein, or for student being delinquent on the student’s loan payments or installments.
  15. The liability for any breach of this Agreement or other cause of action arising from the services rendered or agreed to be rendered under this Agreement, including but not limited to damages for cancellation of an online course, the quality of the course content, the failure to deliver courses, or the interruption of courses, shall be limited to a refund of any fee paid by the student to for said courses.

    THE STUDENT UNDERSTANDS AND AGREES THAT COMPLETION OF THE PROGRAM OR COURSE IS NOT A GUARANTEE OF EMPLOYMENT OR OF OBTAINING AN INTERNSHIP OR EXTERNSHIP OR SUCCESSFUL CREATION AND/OR GROWTH OF A COMPANY. LAUNCH DREAM HAS NOT MADE ANY PROMISE TO THE STUDENT, EXPRESS OR IMPLIED, REGARDING ANY OPPORTUNITIES FOR THE STUDENT FOLLOWING COMPLETION OF THE PROGRAM. THE STUDENT AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS SCALEUP USA AND LAUNCH DREAM LLC, THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND ASSIGNS FROM ANY SUCH CLAIM.

SECTION 7: SERVICES LIMITS AND QUALITY 

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 8: 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, investing 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 investing 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 the 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 9: ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per business, or order. If 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 10: OPTIONAL THIRD-PARTY TOOLS, SERVICES, AND NATIVE CONTENT

We may provide you with access or introduction to third-party tools including on websites, via links, through apps, or online services (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 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 and prices 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.

We may provide third-party or native content on our site as workshops, expert advice, targeted articles, specialty programs, or courses. If we provide third-party and native content articles or videos, they will list the party’s name on the article. These articles may include links that may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the accuracy or reliability of the third-party or native content on our site and we do not warrant and will not have any liability or responsibility for such content.

SECTION 11: 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 rights. 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.

SECTION 12: PRIVACY POLICY

Registration data and other information about you are subject to our privacy policy. Note that the information that you provide to us may be sent to other countries for processing. By becoming a user of the site, you consent to your data being sent abroad for processing. The information we gather on our Site falls into two categories: (a) personal information you supply when you subscribe, order, fill a form, template, complete a survey, register, enter a contest or sweepstakes, or provide your e-mail address, and (b) tracking information we may collect as you navigate through our site.

  • 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-mails for services that we believe may be of interest to you. Third, we use third-party instructors and sponsors to develop valuable free or subsidized content or programming, and if you register for such third-party instructor-led courses or sponsored programs they may have access to your contact information like your name, company, email address, program activation date, lessons/chapters viewed or completed, etc. Fourth, 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.
  • 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 a 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 13: 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 14: PROHIBITED USES

In addition to other prohibitions as outlined 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 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 15: 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 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, partners, 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 time, lost opportunity, 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, partners, 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 16: 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, sponsor or business partner.

SECTION 17: SEVERABILITY

If 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 18: TERMINATION

The obligations and liabilities of the parties incurred before 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 19: 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 20: 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, per 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 and shall be submitted to Launch Dream LLC at the scaleupusa@Launchdream.us email address or via our contact us form.

SECTION 21: CHANGES TO 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, 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 22: CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at scaleupusa@Launchdream.us or via our contact us form at the bottom of our website.

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