A SOLID LAUNCH CONSULTING LLC TERMS OF USE
Effective 4.1.2020
Welcome! We at A Solid Launch Consulting LLC are thrilled that you are visiting our website and associated applications, tools and services (collectively, the “Site”). These terms of use (“Terms”) apply to your access and use, from within the United States, of all information, content, applications, products and services on and through the Site. We may revise these Terms from time to time without notice by posting the revised Terms on our Site. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO THESE TERMS, IMMEDIATELY STOP USING THE SITE AND DO NOT USE OR PURCHASE ANY SERVICES OFFERED THROUGH THE SITE. By accessing the Site, you confirm your agreement to be bound by these Terms. We urge you to review the Site Terms periodically to ensure that you agree with any modifications made. If you fail to comply with these Terms, your permission to use the Site automatically terminates and we may disable or preclude your use of the Site. You agree to comply with all applicable laws when accessing the Site and do so only for lawful purposes.
The Site is not intended for use by persons under the age of 13. If you are under 13, you may not use the Site.
Privacy Information: By visiting or using the Site, you consent to our collection and use of personal information as discussed in our Privacy Policy, which is hereby incorporated into this Agreement. A copy of the Privacy Policy can be accessed at https://asolidlaunch.com/privacy-policy.
User Information: In order to access services from the Site, you may be required to provide your contact information and credit card information for payment. You agree that all information you provide through the Site is yours (or used with permission), current, accurate and complete. We will maintain and use such information in compliance with our Privacy Policy posted on the Site. We reserve the right to terminate your participation in any of our services at any time at our sole discretion.
Use of Content: All information, content, applications, products and services of any type on the Site (collectively, “Content”) is our property (or licensed to us by others), considered proprietary by us, and is protected by copyright and other laws. You may not copy, modify, distribute, transmit, publish or otherwise use any of the Content, except for your personal and non-commercial use. Unauthorized commercial use of any Content is prohibited without our express written consent. We may withdraw any Content from the Site at any time in our sole discretion. We do not warrant that use of any of the Content will not infringe the rights of third parties.
Fees and Payments: You are responsible for all charges, fees, duties, taxes, and assessments arising out of any service provided by us and/or Site. When you purchase services from the Site, you agree that we may charge the credit card you provide for the total price displayed at checkout. All fees collected by us will be processed through a third-party merchant service provider. Except as provided in these Terms, as indicated in connection with a specific program or service, or when required by law, all fees paid by you are non-refundable.
User Submissions: You agree that any information you provide through the Site will be truthful, accurate and complete. You represent and warrant that you own any information provided through the Site or otherwise have appropriate authority to provide it. All information that you submit to us through the Site or in connection with the services we offer is and shall remain our property and we may use, for any purpose, any ideas, concepts, know-how or techniques contained in such information. We have no obligations regarding such information except as required by law. You acknowledge and agree that you will not provide any information or material to us or the Site that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another person or entity.
Links to/from Third Party Websites: The Site may contain links to third party websites. The linked sites are not under our control and we are not responsible for the contents of any linked website, nor do we make any representation or warranties with regard to any other website that you may access through the Site. These links are provided as a convenience only and shall not be construed as our endorsement of, sponsorship of, or affiliation with a linked website. Providing third parties with links to our Site is prohibited unless you obtain our prior written consent. If you arrive at the Site from a third-party link, please note that such link does not imply an endorsement of, sponsorship of, or affiliation with the third-party website or its content, purpose, policies or practices.
Electronic Signatures and Contracts: Your use of the Site includes the ability to enter into binding agreements, such as purchasing training, and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS.
Disputed Charges and Reversals: If you believe that an unauthorized transaction has taken place under your User Information, you agree to notify us immediately. You are responsible for and agree to reimburse us for all reversals, claims, fees and other liability or expense incurred by us that were caused by payments or other items that you authorized or accepted.
Trademarks: Names, titles, trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Site are our proprietary trademarks or those of third parties. Nothing contained in the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without the express written permission of its owner. Any unauthorized use of the Trademarks is prohibited.
Digital Millennium Copyright Agent: For purposes of the Digital Millennium Copyright Act (“DMCA”), we have designated an agent for notices of claimed infringement. If you have any objections governed by the DMCA, please contact the DMCA agent listed under the section entitled “Contact Information” below. We provide this contact information for purposes of the DMCA only and reserve the right to respond to communication that is relevant for this purpose. All inquiries not relevant to or not complying with the following procedure will receive no response.
We will process and investigate properly submitted notices of alleged infringement and will take appropriate actions under the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our agent with the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Non-Malicious Use: You agree (i) not to use or launch any system or process that accesses the Site in an abusive manner, (ii) not to collect or harvest any personally identifiable information, including account names, from the Site, (iii) not to use the communication systems provided by the Site for any commercial solicitation purposes, and (iv) not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content. We reserve the right to grant the operators of public search engines permission to use processes to copy materials from the Site for any uses which we determine are necessary or desirable for the operation of our business.
Limited Access: From time to time, the Site may be inaccessible or inoperable for any reason, including equipment malfunctions, Site updates, maintenance and repairs and causes beyond our control. We may conduct maintenance on the Site at any time, without notice to you. We make no guarantees with respect to the availability or uptime of the Site or the Content.
WARRANTY DISCLAIMERS: THE INFORMATION AND DESCRIPTIONS CONTAINED ON THE SITE ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS AND CONDITIONS APPLICABLE TO EVERY PRODUCT OR SERVICE WE OFFER BUT ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. WE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT ON THE SITE IS SUITABLE FOR YOUR NEEDS, IS COMPLETE, TIMELY OR RELIABLE. THE SITE AND ALL CONTENT THEREON IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.
GENERAL DISCLAIMERS: We assume no responsibility, and shall not be liable for (i) any errors or omissions in the content on the site, (ii) damage to or viruses of any kind that may infect your computer equipment or other property on account of your use of the site or your downloading of any content from the site, or (iii) any damage arising in connection with any failure of performance, interruption, defect, delay in operation or transmission, or line or system failure. If you are not satisfied with the site or these terms for any reason, your sole and exclusive remedy is to stop using the site. We reserve the right to change the site and the services at any time. Although we have attempted to provide accurate and complete information on the site and in connection with the services, we are not responsible for inaccuracies or incompleteness that may occur.
LIMITATION OF LIABILITY: A Solid Launch Consulting LLC, its affiliates, members, managers, officers, employees, agents and representatives will have no liability for any damages, including, without limitation, direct, indirect, consequential, compensatory, special, punitive, or incidental damages (even if we have been advised of the possibility of such damages) arising out of or relating to the use of, reliance on or inability to use the site or the content or services provided on or received from the site. The site is controlled and offered by us from our facility in the United States and all information collected by us is processed in the United States. We make no representations that the site is appropriate or available for use in other locations. If you access or use the site from other locations, you do so at your sole risk, voluntarily, and are responsible for compliance with local law. To the maximum extent permitted by law, in no event will our total liability arising out of or in connection with these terms or from the use of or inability to use the site or services exceed the greater of (1) the amounts you have paid to us for the services which gave rise to the claim; or (2) one hundred dollars ($100).
Indemnity and Release: You agree to indemnify and hold us, our managers, members, officers, employees, agents, information providers, suppliers and representatives (collectively, “Indemnified Parties”) harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees and costs, in any way arising out of or related to (i) your use or misuse of the Site or services provided by us; (ii) your breach of these Terms; or (iii) your violation of any third party rights connected herewith. You release the Indemnified Parties from any and all claims, demands, losses and damages of every kind and nature, whether known or unknown, arising out of or in any way relating to the Site or services offered by us, your use of the Site or services, other users’ use of the Site or services and any dispute or defense you have or claim to have against us or one or more users of the Site or services.
Reservation of Rights: We specifically reserve all rights that we do not expressly grant in these Terms. Nothing on the Site or in these Terms grants any right or license to use any property of any third party.
Contact Information: If you wish to contact us regarding (i) information on our products and services, (ii) permission to reproduce or use any Content on the Site, (iii) notices of claimed infringement under the DMCA, or (iv) any other reason, please contact A Solid Launch Consulting, 9 Thomas Newton Drive, Westborough, MA 01581.
Severance and Waiver: You acknowledge and agree that in the event any provision of these Terms is held by a court to be invalid, unlawful, or unenforceable, the validity, legality, and/or enforceability of the remaining provisions contained in these Terms will not in any way be affected or impaired. Our failure to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision by us in the future. If any action at law or in equity is necessary to enforce any of these Terms, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
Dispute Resolution: We are committed to customer satisfaction, so if you have an issue or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. You agree to give us an opportunity to resolve any disputes by contacting us at the Contact Information above. If we are not able to resolve your Dispute within 60 days after the date we receive your written notice, you may seek relief through arbitration or in small claims court, as set forth below.
Except as specifically stated in this section, any dispute, claim or controversy between you and us arising out of, relating in any way to, or in connection with these Terms, the Site or your use of the Site, the Services or your use of the Services, or your Personal Information, including those that arose before you accepted these Terms, shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a dispute in a small claims court. By virtue of this section, we are each giving up the right to go to court and have a dispute heard by a judge or jury (except as otherwise set forth in this section). This constitutes our written agreement to arbitrate disputes under the Federal Arbitration Act (“Federal Arbitration Act”). The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Consumer-Arbitration Rules, available at https://www.adr.org/consumer. The arbitrator will apply and be bound by this Agreement, hear the facts, apply applicable law, and issue a reasoned award, if appropriate. Under no circumstance shall punitive damages be awarded in the arbitration. Any award rendered in such arbitration proceedings shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.
To begin an arbitration proceeding, you must submit the dispute by utilizing the forms available at https://www.adr.org/consumer, and simultaneously sending a copy of the completed form to the contact information above. If we request arbitration against you, we will give you notice at the email address or street address you have provided. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If requested by you, we will reimburse those fees for disputes totaling less than $10,000 unless the arbitrator determines the dispute is frivolous. In addition, you hereby unconditionally agree that (1) the arbitrator’s decision shall be controlled by these Terms and any of the other agreements referenced herein that you may have entered into in connection with the Site or Services; (2) the arbitrator shall apply Massachusetts law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; and (3) in the event the AAA is unavailable or unwilling to hear the dispute, you and us shall agree to, or a court shall select, another arbitration provider.
Notwithstanding anything to the contrary in this section, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of the Site or Services, and/or any illegal or intentional act against your interests or our general business interests.
You agree that regardless of any statute or law to the contrary, any dispute must be filed within one year after such claim arose or it will be forever banned.
Jury Trial Waiver: We each acknowledge and agree that, if for any reason a dispute proceeds in court rather than in arbitration, we each waive any right to a jury trial.
Venue and Choice of Law: These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principals. If, for any reason, a dispute proceeds in court rather than arbitration: (i) except with respect to a qualifying claim over a dispute in a small claims court, which you shall have the right to bring in a court of competent jurisdiction in the county in which you reside, we agree that any dispute may only be instituted in a state or federal court in Worcester County, Massachusetts; and (ii) each of us irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such disputes.
Entire Agreement: You agree that these Terms including the posted policies and agreements incorporated herein by reference constitute the entire agreement between you and us with respect to your use of the Site and services. You agree that these Terms supersede any other agreements between you and us with respect to your use of the Site and services. No agency, partnership, joint venture, employee-employer relationship or the like is intended or created by these Terms, your use of the Site or services, or associated software applications. We may assign our rights and duties under these Terms to any party at any time without notice to you. You agree that we may deliver notice to you under these Terms by means of a general notice on the Site.
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