LAUNCHASTARTUP.COM TERMS OF SERVICE
Welcome to LaunchAStartup.com, an entrepreneurial website operated by LaunchAStartup LLC, a Limited Liability Company lawfully formed and doing business within the State of Nevada. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service. Throughout this document, the words “LaunchAStartup,” “LaunchAStartup.com,” “us,” “we,” and “our,” refer to us, our website, LaunchAStartup.com, or our service, as is appropriate in the context of the use of the words. Likewise, the words “you,” “user,” and “your” refer to you, the person who is being presented with this document for your agreement, though “User” may also refer to certain others as defined below. Please also see our Community Guidelines and Help and FAQs
2. Description of Service
LaunchAStartup is, as the name suggests, a website designed to enable entrepreneurs to start or maintain their businesses. Through our website, people can advertise certain services that might be useful to web businesses, such as article writing, graphic design, reviews, and other relevant services. These services are offered by third parties through LaunchAStartup, and we act only as a marketing service to connect buyers and sellers of these services.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
- “Agreement” means these Terms of Service;
- “Buyer” refers to a person purchasing the goods or services of a Seller through our Site;
- “LaunchAStartup” refers to the LLC which owns this website, our Site, or our Service, depending on the context of the usage;
- “Seller” refers to a person selling goods or services to a Buyer through our Site;
- “Service” refers to the services that we provide through our Site;
- “Site” refers to our website, www.launchastartup.com;
- “User” refers to you, Buyers, Sellers, and general visitors to our Site;
- “You” refers to you, the person who is entering into this Agreement with LaunchAStartup.
4. Information Supplied
When you sign up for our Service, you will be asked for certain information, possibly including your name, e-mail address, mailing address, date of birth, Social Security Number, credit card information, telephone number, bank account information, and IRS Form W-9 and/or 1099 information.
Some of this information—particularly credit card payment information—may be transmitted to the third party payment processor that we use, We use a third party payment processor — www.Stripe.com , to enable us to process your payments, or you may be required to submit your information towww.Stripe.com
Because the essence of our Service consists of enabling Users to enter into contracts with each other, we require that you be at least the minimum age of contractual capacity in the State of Nevada, which is eighteen. If the jurisdiction in which you reside has a higher minimum age of contractual capacity than that of the State of Nevada, then you must be at least that higher age in order to use our Service.
We are unable to actively police and enforce disputes that occur through our website. You agree that any arrangements for the purchase or sale of goods and/or services through LaunchAStartup.com’s website shall be solely between the Buyer and Seller involved. Under no circumstances shall LaunchAStartup be considered privy to any such contracts, or named in any lawsuits by you as a defendant regarding disputes with another User. You hereby waive us from any fraud, negligence, or other tortious or otherwise unlawful conduct by any other User which may cause you harm, even if we would otherwise be liable in whole or in part for such conduct.
Please note that, notwithstanding the fact that we are not required to police or enforce agreements between Users, you may contact our customer service team if you have an issue with your contract. However, as stated above, all disputes should be resolved amongst Users by themselves, and our customer service is not in any way obligated to assist you with your problem.
6. Maintenance of Website
We reserve the right to alter, update, or cancel our Service at any time. We may conduct such maintenance for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may engage in maintenance to fix security flaws, or respond to legal demands.
We may decide to extend certain paid listings to compensate for such downtime on our website. However, you agree that we are under no obligation to do so and that such compensation for downtime shall be an exception rather than standard practice.
7. Formation of Contracts
You agree that, when agreeing to buy or sell goods or services with another Buyer or Seller, a contract is formed and you are legally obligated to perform any promises you made in regards to the contract, implied, express, or otherwise.
Because LaunchAStartup may be subpoenaed or summoned as a witness in the case that one User sues the other for the breach of a contract described by this section, you hereby agree that any lawsuits against another User shall be heard solely in a court within the State of Nevada, to ease the discovery process for all Users party to such a dispute.
You further agree that you will not enter into a contract with a User located in another jurisdiction if you would not be considered, by virtue of your age, mental capacity, or otherwise, to have the capacity to contract in that other User’s jurisdiction.
You further agree that, unless stated otherwise, a Buyer receives full and exclusive rights, intellectual property and otherwise, to any work purchased from a Seller, and that, if you are a Seller, you have the right to enter into such a contract in regards to the work that you perform.
8. Rules of Conduct
We permit Users to upload descriptions of goods and services available for purchase. When using our Site or Service, you agree that you will not:
- Violate any provision of law applicable in the State of Nevada or anywhere else in the United States.
- Violate any applicable legislation, treaty, or other rule in force of the United States or any other political entity having jurisdiction over this Agreement, its Users, LaunchAStartup, or the Service or Site that we provide.
- Hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our Site, Service, or Users.
- Run any bots or other software to aggregate or browse our content, including but not limited to our Users’ listings.
- Infringe on anyone’s intellectual property rights.
- Defame anyone.
- Post anything violent, pornographic, hateful, racist, or otherwise objectionable. What is objectionable shall be the right of LaunchAStartup to determine.
- Use our Service for fraud.
- Sign up for more than one LaunchAStartup account, unless you have received prior documented permission from us for doing so and have not had that permission revoked.
- Post any spam or other unauthorized commercial advertisements to our Site. Postings about your services, if you are a Seller, should not contain e-mail addresses or links to third party websites. If you are a Buyer, you should not be asking for people to do free work as a “sample,” “internship,” “survey,” or otherwise.
- Otherwise act in a manner which, at LaunchAStartup’s sole discretion, is objectionable.
You must not attempt to purchase goods or services from another User outside of our Service, if you found that User as a result of our Service, for a period of three years beginning from the date that you first discovered the User through our Service. If you do, you agree that you shall be liable for the commission and/or fees that would otherwise be paid to LaunchAStartup, as well as our reasonable attorneys’ fees, court costs, disbursements, collection agency fees and/or commissions, and any other costs involved in enforcing this provision. You agree that, regardless of whether you are the Buyer or the Seller, and whether you would otherwise have been the User who paid us had you not engaged in disintermediation, you shall be jointly and severally liable with the other User or Users involved.
Furthermore, all e-mails, communications, files, and other modes of communication or content storage should be conducted solely through the LaunchAStartup Site and Service. This is to ensure that Users do not use LaunchAStartup to make initial contact with each other but then engage in disintermediation. Failure to abide by the condition in this paragraph may lead to a ban from LaunchAStartup’s Site and Service.
10. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Site, or our Site itself, or our App, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing the User profiles, listings, or other content posted to our Site, even if such materials would otherwise be available for legal copying. Such copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data, but can also negatively impact our network capacity. You agree that this section limits your rights more than the simple application of intellectual property law would, and constitutes a contractual obligation.
11. Your Copyright
We may permit you to upload your own content or other information to our Site or through our Service. However, we cannot permit you to upload content to us unless we know for sure that we can use that content without having to search for and delete it at a later date due to a legal request. Therefore, whenever submitting content to us, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content.
“LaunchAStartup” is a trademark used by us, LaunchAStartup.com, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
Unless otherwise stated, all rates on our Site are posted in U.S. dollars. For Sellers, there is a 10% fee charged by LaunchAStartup on any sales made, which we may withhold from the amount remitted to you by a Buyer. Other fees and commissions, such as for sending and receiving payments, may apply, and shall be posted on our Site where applicable.
We use a third party payment processor — www.Stripe.com — to process any payments made to us. You agree that we are not responsible for any failure of www.Stripe.com to remit payment to us that you may make through them, or any failure on their part to notify us of payment, and that in such cases, it is your duty to resolve the matter directly with Stripe before we will supply the goods or services which you purchased from us.
Please note that chargebacks are only appropriate for certain disputes, such as non-delivery of a service or delivery of an incorrect item. Any use of fraudulent chargebacks simply to get free goods or services is strictly prohibited, and will be dealt with by reporting such chargebacks to the infringing User’s local police department and a credit bureau, as well as referring the matter to the User’s local small claims court.
When paying for another User’s services, your payment will be made through www.Stripe.com , held for seven days by them, then released to LaunchAStartup. Once the funds have been fully cleared into LaunchAStartup’s name, we will wire the funds to the relevant User. Please note that Stripe may vary the time that it takes to process payments, and it may exceed the seven day standard that we mention here. We will not, in any case, be liable to wire funds to the relevant User until the funds have fully cleared to us.
In the event that a chargeback is conducted by a User after the funds have cleared and been received by you as a recipient of the funds, you agree that you will be liable, whether or not you are complicit in the chargeback, to pay LaunchAStartup the amount that was taken back from LaunchAStartup as a result of the chargeback. You acknowledge that we cannot easily determine whether you are a participant in a fraud in such cases, and therefore agree to indemnify us whether or not you are a victim of or party to the chargeback.
If you conduct a chargeback against LaunchAStartup, whether because you are dissatisfied with the results of your purchase or failed to receive the purchased goods or services, you agree that you are liable for the amount returned to you from LaunchAStartup. In other words, you agree that you will not conduct chargebacks in such situations, as you will be liable for the amount of the chargeback.
The Services that we provide are intangible, as it is impossible to effectively control the information disseminated by goods or services listings. Once a User makes such a listing, we cannot remove the advertisement from a Seller’s mind, and prevent their further use of such information. Therefore, it is impossible for us to accept returns, and we cannot provide refunds.
We do have one exception to this, which is the inability to list the purchased listing through no fault of your own. If we cancel our Service and it prevents making a listing, we will refund you. However, if our cancellation is due to your breach of this Agreement, or a listing which would, if posted, violate this Agreement including but not limited to our Rules of Conduct, or a force majeure or legislative change, we will not be responsible for refunding any portion of your payment.
In the event that you require a refund for goods or services promised by another User, you agree that you will not conduct a chargeback, as such a chargeback will penalize LaunchAStartup rather than that User. Instead, you must resolve the issue with the User directly, including by using a collections agency, litigation, or other methods not involving chargebacks if necessary. If a chargeback is conducted pursuant to a transaction amongst Users of our Service, you agree that both Users shall be jointly and severally liable to LaunchAStartup for the amount that LaunchAStartup is debited as a result of the chargeback, as well as jointly and severally liable for the payment of LaunchAStartup’s reasonable attorneys’ fees, collection agency fees, costs, and disbursements in enforcing its rights under this paragraph.
15. Anti-Money Laundering
We comply with the Know Your Customer and Anti-Money Laundering rules established by the federal government. As such, as a condition of your sending or receiving payments, we may require that you provide copies of one or more piece of official government documentation displaying your name, photograph, address, and other information. We may also require that you deposit funds in an account with us using the bank account you have linked to LaunchAStartup, to ensure that the account information is accurate.
If we suspect that you may be engaging in or involved with any unlawful activities, including but not limited to terrorism, money laundering, fraud, or any other unlawful activities, we will freeze your account and notify federal and other relevant authorities, as well as your financial institution.
If we suspect that you have committed a tort in violation of the law of nations or a treaty of the United States, as described by the Alien Tort Claims Act(28 U.S.C. § 1350), we may, in addition to reporting you to the authorities and your financial institution, freeze your assets and notify any people who may potentially have standing to initiate an action against you.
If you are a User who believes that any of the activities described in this section, or any other section, has occurred, you agree that you will report the matter to the appropriate federal authorities and to LaunchAStartup.
You must not use our Service to violate any sanctions, embargoes, or other commercial controls enforced by the United States, or do anything that would cause LaunchAStartup to be in violation of such controls. This means that if, for example, you would violate export controls by signing up to our Service because you are the resident or citizen of a country subject to such controls, you must not sign up for our Service. Similarly, you must not transact business with any User you know or suspect to be in violation of such controls.
For a non-exclusive summary of United States export controls, please view the United States Department of Treasury’s “Sanctions Programs and Country Information” webpage at http:// www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx.
If you suspect a User is using our Service in violation of such controls, you must report the matter immediately to the Office of Foreign Assets Control at 1-800-540-6322 and to LaunchAStartup by e- mailing us with full details at firstname.lastname@example.org .
17. Revocation of Consent
Where LaunchAStartup has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use, even if it would cause an economic loss or other harm to you. Therefore, we do not recommend using our trademark or our copyrighted materials, even when authorized, unless done in a manner which would not cause hardship to you if you were required to cease using the materials.
18. DMCA Notices
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability for the actions of third parties posting to our Site or Service under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at:
Attn: Copyright Agent
5067 Madre Mesa Dr
Las Vegas, NV 89108
If sending the notification by e-mail, an electronic signature is acceptable.
Although no similar provisions exist under U.S. law for trademark infringement, we recommend that you submit similar information to us about any alleged trademark infringement so that we can take appropriate action.
19. Communications Decency Act
Our Rules of Conduct prohibit Users from using our Site or Service to post defamatory content. If you become aware of a defamatory posting, please contact us at email@example.com with full details and, if we wish to do so, we may decide to remove it.
However, please be aware that Section 230 of the Communications Decency Act grants us an absolute shield of immunity for any defamatory material published to our Site by our Users. Therefore, should we fail to take action over any alleged defamation by a third party, you should not attempt to sue us for it or we may seek to have the lawsuit dismissed and, if applicable, recover all of our attorneys’ fees and other legal costs from you.
Additionally, the SPEECH Act 2010 prohibits United States courts from enforcing judgments from other countries which would not be obtainable here. Therefore, you should not attempt to sue us for third party defamation in a foreign jurisdiction to circumvent the Communications Decency Act , as we will object to its domestication in the United States and, if possible, seek an order requiring you to reimburse us for our legal costs in doing so.
20. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS OR INFORMATION MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITE. THIS INCLUDES ANY FRAUDULENT OR NEGLIGENT LISTINGS MADE BY USERS USING OUR SERVICE, OR ANY FAILURE OF ANY BUYER OR SELLER TO PERFORM ITS CONTRACT AS PROMISED.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE WHICH PREVENT ACCESS TO OUR SITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your legitimate use of our Site or Service, or by your breach of this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
22. Choice of Law
This Agreement shall be governed by the laws in force in the State of Nevada. The offer and acceptance of this contract is deemed to have occurred in the State of Nevada.
23. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Nevada.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that in the event of a dispute arising from or relating to this Agreement or our provision of services to you, the unsuccessful party will be responsible for reimbursing the successful party’s reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
24. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, LaunchAStartup shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
27. Termination & Cancellation
We may terminate your account or our provision of services to you, or cancel your order at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you will be limited to the amount you paid directly to us, except in cases where the termination or cancellation was due to your breach of this Agreement, including, but not limited to infringement of our Rules of Conduct or intellectual property rights, in which case you agree that we are not required to provide any refund or other compensation whatsoever. You agree that we are not liable in any way whatsoever for refunding payments you make for another User’s goods or services.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. For example, we may be required to assign our rights to a third party in the event of a sale of the rights to LaunchAStartup.com and its related services to a third party.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and our Service. You must visit this page each time you come to our Site and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
30. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about LaunchAStartup.com must be addressed to our agent for notice and sent via certified mail to: Jonathan Soriano, 5067 Madre Mesa Dr Apt# 2092, Las Vegas, Nevada, 89108, United States.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.