Terms of Use

Welcome to Launch Career Services. Please read on to learn the rules and restrictions that govern your use of our website(s), products, content, services, and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at info@launchsvc.com.

These Terms of Use (the “Terms”) are a binding contract between you and Launch Career Services, LLC (“Launch,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Using the Services in any way means that you agree to all of these Terms, which will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy and Copyright Dispute Policy.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change from time to time. We reserve the right to change the Terms at any time; if the Terms change, we will bring it to your attention by placing a notice on the Launch website, by sending you an email, or by some other reasonable means.

If you don’t agree to the new Terms, you are free to reject them; unfortunately, that means you can no longer use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.p>

What about my privacy?

Launch takes the privacy of its users very seriously.

The Services are not intended for and may not be used by individuals under the age of 16. We are committed to complying with the Children’s Online Privacy Protection Act” (COPPA). We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, you are not permitted to register for the Services or send personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe a child under 16 may have provided us with personal information, please contact us at info@launchsvc.com

What are the basics of using Launch?

Launch enables users to create a Professionally Curated Digital Portfolio (the “Portfolio”) to provide information about who you are and what you do and to centralize your online presence. Certain Services we provide also enable you to engage with the end users of your Portfolio (your “End Users”), such as allowing the End Users to download your resume.
When you sign up for an account, you must provide various types of information, including your email address; you must also select a password. Launch will issue you a User ID (“Launch User ID”) that is required to be used each time you logon to our website. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Launch User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual who is at least 16 years old. You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. Once we determine you have violated this provision, we will immediately suspend and permanently remove your account and portfolio.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

In addition to whatever legal remedies are otherwise available to Launch, violating any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in Content?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, video, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content, or (ii) in a way that violates someone else’s (including Launch’s) rights.

You understand that Launch owns the Services (which includes any user-submitted Content). You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. Launch reserves the right, at its sole discretion, to monitor, verify, censor, remove, delete, or edit the content of any Content posted to your Portfolio.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists doesn’t mean that all the restrictions above don’t apply – they do!

Do I have to grant any licenses to Launch or other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Expect any User Submissions that you post to your Portfolio to be publicly accessible. In order to display your User Submissions on the Services, and to allow other users to enjoy them, you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally identifiable information.

Some Content that you share or upload, such as photos or videos, may be protected by intellectual property laws. You retain ownership of the intellectual property rights (things like copyright or trademarks) in any such Content that you create and share on Launch. Nothing in these Terms takes away the rights you have to your Content. You are free to share your Content with anyone else, wherever you want.

However, to provide our services, we need you to give us legal permission (known as a “license”) to use this Content. This is solely for the purposes of providing and improving our products and Services as described above.

Specifically, when you share, post, or upload Content that is covered by intellectual property rights on or in connection with our Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Content. This means, for example, that if you share a photo on Launch, you give us permission to store, copy, and share it with others, such as other service providers that support those products and services. This license will end when your Content is deleted from our systems. If you store a User Submission in your own personal Launch account in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Launch the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so. Launch reserves the right, at its sole discretion, to monitor, verify, censor, remove, delete, or edit the Content of any Content posted to your Portfolio.

If you share a User Submission publicly on the Services (a “Public User Submission”), then you grant Launch the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission publicly accessible to all visitors to your Website and providing the Services necessary to do so, as well as all other rights required to use and exercise all rights in that Public User Submission in connection with the Services or otherwise in connection with Launch’s business, provided that Launch will notify you via your email address on file if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that Public User Submission and to use and exercise all rights in it, as permitted by the functionality of the Services.

If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, or feature requests relating to the Service (“Feedback”), then you grant us a nonexclusive license to use, commercialize, exercise, and otherwise exploit the Feedback for any purpose.

You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when you delete your Launch account, we will stop displaying your User Submissions to other users (if applicable). Still, you understand and agree that it may not be possible to completely delete that Content from Launch’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.

Finally, you understand and agree that Launch, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so

What if I see something on the Services that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Launch, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights and reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. Launch reserves the right, at its sole discretion, to monitor, verify, censor, remove, delete, or edit the contents of any Content posted to your Portfolio. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users and (2) remove and discontinue providing the Services to repeat offenders. To learn more about the DMCA, click here.

Who is responsible for what I see and do on the Services?

Your Portfolio and your End Users are your responsibility. Launch has no control over and assumes no responsibility for your Portfolio or any interaction with your End Users. You agree to comply with all applicable laws and regulations related to your Portfolio and your End Users. If you collect or process any personal information of your End Users or send marketing or other electronic communications to any End Users, you must comply with all applicable data protection, security, and privacy laws and regulations (including, where applicable, the EU General Data Protection Regulation). If applicable law requires, you must provide and make a legally compliant privacy policy available to your End Users.

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated. You access all such information and Content at your own risk. We aren’t liable for any errors or omissions in that information or Content or any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content. You hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services. The Services may contain links or connections to third-party websites or services that are not owned or controlled by Launch. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Launch is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. Launch has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Launch reserves the right, at its sole discretion, to monitor, verify, censor, remove, delete, or edit the content of any Content posted to your Portfolio. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Launch shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that Launch is under no obligation to become involved. If you have a dispute with one or more other users, you release Launch, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed, or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “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.”

Can I sell products or services or collect money through my Portfolio?

Under no circumstances can you sell, rent, or offer to sell or rent, any services, products, or actions through your Portfolio or any other Launch Service. Launch reserves the right to immediately suspend, cancel, and remove your access to your Portfolio if we determine at our sole discretion that you have violated this provision.

Will Launch ever change the Services?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, introduce new features, impose limits on certain features, or restrict access to parts or all of the Services, but not during your paid annual contract. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Does Launch cost anything?

Yes, we charge an annual fee to host your Portfolio. Plus, we charge an annual fee for certain extra features labeled as Bundles. You shall pay all applicable fees, as described on the Launch website, in connection with the Services you selected. Launch reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the website. These prices will only affect you at your annual renewal. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Subscription Fees are non-refundable.

Auto-Renewal for Premium Services. Your enrollment in the Services may be automatically renewed, and your Payment Method (defined below) will be charged every twelve (12) months, at the then current subscription rate as shown on your dashboard. If you wish to cancel auto-renewal of the Services for the following year, you must cancel your plan in your dashboard. You are eligible for a refund if you request one from Launch within three (3) calendar days of your receipt of the auto-renewal charge. Launch may change the Subscription Fee upon notice to you, but such change will only take effect once your then-current Services term has ended. If you do not wish to pay the new Subscription Fee, your only remedy shall be to cancel your enrollment in the Services for the following year, before your then-current Services term expires. You may cancel your Services subscription at any time, but again, refunds will only be granted if the user meets the criteria outlined above.

Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Premium Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use the Launch Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (for example, a credit or debit card you provide) (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due in your Billing Account upon demand.

Reaffirmation of Authorization. Your non-termination or continued use of our Service reaffirms that we are authorized to charge your Payment Method for that Service. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Service (or as your payment terms may be amended thereafter).

Current Information Required. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is cancelled (e.g. for loss or theft) of if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. Changes to such information can be made in your dashboard. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of Services under your billing account unless you have terminated your Services as set forth above.

What if I want to stop using Launch?

You’re free to do that at any time, by deleting your account or contacting us; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Launch is also free to terminate (or suspend access to) your use of the Services or your account, for any reason at our discretion, including your breach of these Terms. Launch has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Launch.

If you have deleted your account by mistake, you can create another one at any time by contacting us at info@launchsvc.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

What else do I need to know?

Warranty Disclaimer. Neither Launch nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Launch or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY LAUNCH (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL LAUNCH (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO LAUNCH IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Launch, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Launch’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of North Carolina, without regard to the conflicts of law’s provisions thereof. All parties agree that any dispute, controversy, or claim arising out of or relating to this Agreement (a “Dispute”), including any Dispute concerning its construction, performance, or breach, will be resolved exclusively through the procedures set forth in this paragraph. Except as required by law, the parties waive all rights to seek remedies in any court and the right to a jury trial. All parties to any Dispute agree that all documents, discovery, and other information related to any Dispute, and the attempts to resolve, mediate or arbitrate such Dispute, shall be kept confidential. If a Dispute arises, the parties shall act in good faith and use commercially reasonable efforts to promptly resolve the Dispute. If the parties are unable to resolve the Dispute within 30 days after the date the Dispute arose, then the parties shall act in good faith and use commercially reasonable efforts to agree upon and retain a third-party mediator to facilitate resolution of the Dispute. The parties agree that mediation will be held within 90 days after the date the Dispute arose. Both parties must agree upon and retain a third-party mediator. Each party will bear its own costs with respect to the mediation, and the expenses of the mediator will be paid 50% by each party. The mediation will be conducted in Mecklenburg County, North Carolina. If the parties are unable to agree upon a third-party mediator within 90 days after the date the Dispute arose, or if the parties are otherwise unable to resolve the Dispute through mediation after a reasonable amount of time, then the Dispute shall be resolved by binding and final arbitration. The arbitration will be conducted in Mecklenburg County, North Carolina in accordance with the Uniform Arbitration Act and administered by the American Arbitration Association under its Commercial Arbitration Rules. Except as required by law, in the event of any conflict between the Uniform Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, the Commercial Arbitration Rules will apply. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, the arbitrator may adopt the rules he or she deems appropriate to accomplish the arbitration in the quickest and least expensive manner possible and these rules will be binding upon all parties to the arbitration proceeding. Each party will bear its own costs with respect to the arbitration, and the expenses of the arbitrator will be paid 50% by each party.

Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND LAUNCH ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Launch may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Launch agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Launch, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Launch, and you do not have any authority of any kind to bind Launch in any respect whatsoever. You and Launch agree there are no third-party beneficiaries intended under these Terms.
These Terms are version 1.3c.