Terms Of Use: Please Review Before Using This Site
LaunchED provides the www.launch-ed.com Web site (the "Site") as a service to its constituents. By using the Site, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. LaunchED may change these Terms of Use from time to time, at LaunchED's sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the Site to review the current version of these Terms of Use.
1. USE OF INFORMATION AND SOFTWARE AVAILABLE ON THE SITE
All information or materials contained on the Site (including but not limited to all graphics, images, video clips, audio and other types of content) ("Site Information") is the property of LaunchED and/or its suppliers or licensors. The Site Information is protected by copyright and other laws and may not be copied unless specifically permitted herein.
Unless otherwise noted in a particular document, LaunchED hereby authorizes you to electronically copy or print in hard copy any document published by LaunchED on the Site solely for your internal reference purposes within your organization or for your own personal use. In consideration of and as a condition to this authorization, you agree that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of information provided by LaunchED without prior written approval from LaunchED or the appropriate supplier or licensor is strictly prohibited.
Except as expressly set forth herein, nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of LaunchED, its suppliers or licensors, or any other third party. Any documents or software available to download or access from the Site is the copyrighted work of LaunchED and/or its suppliers or licensors. Use of such documents or software is governed by the terms of any end user license agreement that accompanies or is included with the documents or software ("Software License Agreement"). Copying the documents or software to any other location for further reproduction or redistribution is expressly prohibited, unless otherwise permitted by the terms of the Software License Agreement.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.
2. LINKS TO THIRD PARTY SITES
Any links to third party sites are provided solely for your convenience. Such sites are not under the control of LaunchED, and LaunchED is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.
3. USER FEEDBACK
If you transmit to or otherwise provide to LaunchED any feedback (such as questions, comments, suggestions, or the like) or data or materials ("User Feedback"), such User Feedback shall be deemed to be non-confidential and non-proprietary. LaunchED shall have no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation. By transmitting such User Feedback to LaunchED, you are deemed to grant to LaunchED a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Feedback.
4. USER CONDUCT
You are prohibited from posting or transmitting to the Site any unsolicited chain letters or "spam," or any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities. However, if such communications do occur, LaunchED will have no liability related to the content of any such communications. You may not post or transmit to the Site any advertising, surveys, promotional materials, contests, or any other commercial or non- commercial solicitations. You are also prohibited from impersonating any individual.
5. SECURITY
LaunchED will maintain the Site at a reputable third party Internet service provider and hosting facility, where it is subject to commercially reasonable security precautions to prevent
unauthorized access to the Site. You acknowledge that, notwithstanding such security precautions, use of or connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to the Site and Data (defined below). ACCORDINGLY, LaunchED CANNOT AND DOES NOT GUARANTY THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET.
6. DATA
As used herein, "Data" shall mean all information, material and data that you enter into the Site, have entered on your behalf, or which you access through the Site. You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data, and LaunchED assumes no responsibility for any of the foregoing. LaunchED shall have no liability for any loss, deletion, destruction or infringement of Data or any failure of the Site to store any Data, whether caused by LaunchED or any third party service provider.
7. PRIVACY POLICY
Except as permitted in this Agreement, LaunchED will not edit, delete or disclose any Data unless authorized by you or unless LaunchED is required to do so by law or in the good faith belief that such action is necessary to conform with applicable laws or comply with legal process served on LaunchED. LaunchED may access Data to respond to service or technical problems with the Site or to respond to your requests for support. You further agree that your use of the Site and any Data contained therein will comply with any and all applicable laws, rules and regulations governing the collection, use, disclosure and dissemination of personally identifiable or other protected information.
8. VIOLATION OF TERMS OF USE
You acknowledge that LaunchED has the right, in its sole discretion, to terminate your access to the Site, without liability to you or any third party, if you violate any of these Terms of Use, violate the rights of LaunchED, interfere with any other user's access to or use of the Site, or if LaunchED decides that your use is otherwise detrimental to LaunchED, the Site, or LaunchED' suppliers or licensors. If you believe that someone has violated these Terms of Use, you may contact LaunchED at hello@launch-ed.com. LaunchED may decide, in its discretion, to investigate the report and decide, in its sole discretion, to take any action relating to that report. LaunchED does not have any obligation or liability to you for the performance or nonperformance of those activities.
9. DISCLAIMERS
THE SITE IS PROVIDED BY LaunchED "AS IS" AND WITH ALL FAULTS. LaunchED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE SITE, ITS CONTENTS, ITS OPERATION, OR ANY PRIVACY POLICY. TO THE FULLEST EXTENT PERMITTED BY LAW, LaunchED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LaunchED SPECIFICALLY STATES THAT THE USE OF THE SITE IS AT YOUR OWN RISK. LaunchED DISCLAIMS ANY WARRANTY WITH REGARD TO THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS OF THE SITE, OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, ANY WARRANTY THAT THE SITE OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT, DATA OR ANY OTHER PROPERTY, OR ANY WARRANTY THAT YOUR USE OF THE SITE OR ITS CONTENT OR THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.
10. EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL LaunchED OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE EVEN IF LaunchED, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF LaunchED, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
11. INDEMNIFICATION
You agree to indemnify, hold harmless, and defend LaunchED and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use of the Site, (ii) the placement, posting or transmission of any messages, information, software, content or other materials on or through the Site by you, (iii) any breach or violation of these Terms of Use by you, and (iv) any claim that your use of, access to or disclosure of any Data contained in the Site violates any applicable privacy policy, law, rule or regulation with respect to personally identifiable or other protected information. You agree to fully cooperate as reasonably required by an Indemnified Party(ies). Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.
12. GENERAL
These Terms of Use are governed by the laws of the Commonwealth of Virginia, without regard to the rules of conflict that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the Commonwealth of Virginia in the event of any dispute of any kind arising from or relating to the Site or your use of it. The failure of LaunchED to enforce any provision or right of these Terms of Use will not constitute a waiver of such provision or right. These Terms of Use and any Software License Agreement referenced herein constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.
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