These Terms of Use (“Terms”) are a legal contract between you (“you”) and Double U Ventures, Inc. d/b/a LaunchBreak ("us" or "our" or "we" or “LaunchBreak”) and govern your use of all the text, data, information, software, graphics, photographs and other materials (collectively referred to as “Materials”) that we may make available to you through any area of the website located at https://www.launchbreak.com and https://www.community.launchbreak.com (the “Website”), any services we may provide through the Website (the “Services” and, collectively with the Website, the “LaunchBreak Service”). Users of the LaunchBreak community on Circle.so are subject to the Circle.so Terms of Service.

READ THESE TERMS CAREFULLY BEFORE BROWSING THE WEBSITE OR OTHERWISE USING THE LAUNCHBREAK SERVICE. USING ANY PART OF THE LAUNCHBREAK SERVICE INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE TERMS. YOU CANNOT USE THE WEBSITE OR OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS.

NOTE:  THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH LAUNCHBREAK.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

LAUNCHBREAK

LaunchBreak is not a recruiter, employment agency or job placement service.  LaunchBreak will not assist you to secure a particular position.  

Our services include: providing comprehensive oversight of our client’s job search; providing advice to prepare and navigate the job search landscape; reviewing, critiquing and refining resumes and written communications; practicing interview skills; advising on networking and the use of job boards; optimizing the use of LinkedIn for greater visibility; providing guidance on and tools for career exploration; and providing an online organizational platform.  In addition to these services, LaunchBreak also manages a digital LaunchBreak community available through Circle.so. All conversations are confidential.

LaunchBreak provides services to prepare college students and recent graduates for their job searches, but we are not a placement agency.  Instead, we offer advice and support for career exploration, resumes, cover letters, social media profiles, interviews and networking. The LaunchBreak community through Circle.so provides similar services and other tools for career development and networking for individuals over the age of eighteen.

CHANGES

We may alter the Materials we offer and/or may choose to modify, suspend or discontinue any part or all of the LaunchBreak Service at any time.  We may also change, update, add or remove provisions of these Terms from time to time.  We will inform you of any modifications to these Terms by posting them on the Website and, if you have registered with us, by describing the modifications to these Terms in an email that we will send to the address associated with your account.  To be sure we properly reach your email inbox, we just ask that you let us know if your preferred email address changes at any time after your registration.  If we make any material modifications to the Materials or our Service or our price for any of our Materials or Service, we will notify you by email at least 30 days before such change takes effect, and you may cancel your Subscription if you do not agree to such change(s).

If you object to any such modifications, your sole recourse shall be to cease using the LaunchBreak Service.  Continued use of the LaunchBreak Service following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Website or on the sites of our partners.  Such expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

GENERAL USE

By using the LaunchBreak Service, you agree that you are at least 18 years of age or, if you are under 18 years of age  (a “Minor”), that you are using the LaunchBreak Service with the consent of your parent or legal guardian and you have received your parent’s or legal guardian’s permission to use the LaunchBreak Service and agree to these Terms.  If you are a parent or legal guardian of a Minor, you agree to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms. If you are a Member of the LaunchBreak community platform on Circle.so, you must be 18 years of age or older.

In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to access the Website, use the Services, and display the Materials; your right to use the Materials is conditioned on your compliance with these Terms.  You have no other rights in the Website, Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Website, the Services or any of the Materials in any manner.  If you make copies of any of the Materials then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Website.

Unfortunately, if you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

USING THE PLATFORM

You need not register with us to simply visit and view the the launchbreak.com website.  However, in order to access certain password-restricted areas of the Website and to use Services, you must have registered for an account with us and obtained a subscription to access to use the LaunchBreak Service.  For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. To view the LaunchBreak community on Circle.so you will need to be an official Member.

You are responsible for complying with these Terms when you access and use the LaunchBreak Service.  Because it is your account, it is your responsibility to obtain and maintain all equipment and services needed for you to access to and use the LaunchBreak Service as well as paying related charges.  It is also your responsibility to maintain the confidentiality of your password.  Should you believe your password or security for the LaunchBreak Service has been breached in any way, you must immediately notify us.

You may be required to use certain third-party products and/or services to access some of the Services offered by LaunchBreak.  Your use of such products and services may require you to agree to and comply with additional privacy policies and terms and conditions.  Your use of such products and services is entirely at your own risk and you must follow the privacy policies and terms and conditions of those third parties. LaunchBreak is not responsible for any third-party products, services, or content.

FEES AND PAYMENT

You agree to pay all fees applicable to your use of the LaunchBreak Service using one of the payment methods we support. Except as otherwise specified in these Terms (a) fees are quoted and payable in United States dollars, (b) fees are based on services purchased, regardless of actual usage, and (c) payment obligations are non-cancelable and fees paid are non-refundable.

If you elect to purchase LaunchBreak services, we or our third-party payment processor will charge your payment method (credit or debit card) on the date that you subscribe.  By providing a payment method, you expressly authorize LaunchBreak and/or our third-party payment processor to charge the applicable fees to that payment method. You agree that we may invoice you for any unpaid fees, including without limitation any amounts owed by you that cannot be processed.  You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.  If you must cancel an appointment, you must do so within 24 hours of that appointment to receive a refund.  We will also provide you with a refund if we cancel an appointment you have scheduled.

GIFT CARDS

A LaunchBreak Gift Card/Gift Certificate is redeemable at LaunchBreak.com for services not exceeding the remaining credit balance on the card. Treat this card as cash; if it is lost or stolen, please contact us at info@launchbreak.com. There are no dormancy fees or otherwise associated with LaunchBreak gift cards/gift certificates. Your gift card/gift certificate expires nine years from the date of issuance and allows for cash redemption when the remaining balance is less than five dollars.

ELECTRONIC COMMUNICATIONS

By using the LaunchBreak Service (or any part thereof), you consent to receiving electronic communications from us (including, if you have opted in, via text message) and from other users of the Services.  These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the LaunchBreak Service.  These electronic communications are part of your relationship with us.  You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.  Standard carrier data charges may apply to your use of text messaging and you are solely responsible for such charges.

PRIVACY POLICY

We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information.  So, please review our Privacy Policy (“Privacy Policy”), which explains how we collect and use such information. In addition, if you are a Member of our LaunchBreak community you are subject to the Circle.so Privacy Policy.

LINKS TO THIRD-PARTY SITES & USER CONTENT

We think links are convenient, and we sometimes provide links on the LaunchBreak Service to third-party websites, in particular as part of our LaunchBreak Community offering which uses Circle.so.  If you use these links, you will leave the LaunchBreak Service. We are not obligated to review any third-party websites that you link to from the LaunchBreak Service, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, unless specifically stated elsewhere in the LaunchBreak Service, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the LaunchBreak Service, you do so entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. LaunchBreak will not have any liability to you for any Materials that may be found to be offensive, indecent, or that are inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality, or otherwise objectionable. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. LaunchBreak may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable.

SUBMISSIONS

Certain areas of the LaunchBreak Service may permit you to upload or submit feedback, information, images, data, text, software, messages, or other materials (each, a "User Submission").  You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary.  Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.

By submitting any User Submission, you are promising us that:

  • You own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to us the rights in your User Submissions as described in these Terms;

  • You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;

  • Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;

  • You voluntarily agree to waive all "moral rights" that you may have in your User Submission;

  • Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;

  • Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);

  • Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;

  • You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;

  • Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);

  • Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;

  • Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and

  • Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By submitting a User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

  • Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;

  • Use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);

  • Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.

We may, but are not obligated to, pre-screen User Submissions or monitor any area of the LaunchBreak Service through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the LaunchBreak Service and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.

UNAUTHORIZED ACTIVITIES

To be clear, we authorize your use of the LaunchBreak Service only for individual, consumer purposes (“Permitted Purposes”).  Any other use of the LaunchBreak Service beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the LaunchBreak Service.  This is because as between you and LaunchBreak, all rights in the LaunchBreak Service and Materials remain our property.

Unauthorized use of the LaunchBreak Service may result in violation of various United States and international copyright laws.  Unless you have written permission from us stating otherwise, you are not authorized to use the LaunchBreak Service in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):

  • For any public or commercial purpose which includes use of the Materials on another site or through a networked computer environment;

  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the LaunchBreak Service;

  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;

  • To stalk, harass, or harm another individual;

  • To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

  • To interfere with or disrupt the LaunchBreak Service or servers or networks connected to the Website;

  • To use any data mining, robots, or similar data gathering or extraction methods in connection with the Website; or

  • To attempt to gain unauthorized access to any portion of the LaunchBreak Service or any other accounts, computer systems, or networks connected to the LaunchBreak Service, whether through hacking, password mining, or any other means.

You agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us.  You also agree to pay any damages that we may end up having to pay as a result of your violation.  You alone are responsible for any violation of these Terms by you.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

PROPRIETARY RIGHTS

The trademarks, service marks, and logos of LaunchBreak (“Our Trademarks”) used and displayed on various parts of the LaunchBreak Service are registered and unregistered trademarks or service marks of LaunchBreak. Other company, product, and service names located on the LaunchBreak Service may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Our Trademarks, the “Trademarks”). Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Our Trademarks inures to our benefit.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the LaunchBreak Service are our sole property, or the property of our suppliers and licensors.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to the LaunchBreak Service (or any portion thereof) to any user who uses the LaunchBreak Service in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the LaunchBreak Service in violation of someone’s intellectual property rights.

Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the LaunchBreak Service, please provide written notice to our agent for notice of claims of infringement:

[INSERT DMCA CONTACT INFORMATION]

To be sure the matter is handled immediately, your written notice must:

  • Contain your physical or electronic signature;

  • Identify the copyrighted work or other intellectual property alleged to have been infringed;

  • Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;

  • Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);

  • Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;

  • Contain a statement that the information in the written notice is accurate; and

  • Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.

Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our agent with a written counter-notification that includes the following information:

  1. Your physical or electronic signature;

  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

We reserve the right, in our sole discretion, to terminate the account or access of any user of the LaunchBreak Service who is the subject of repeated DMCA or other infringement notifications.

YOUR RELATIONSHIP WITH US; DISPUTES AMONG USERS

We are not a party to any contract between users of the LaunchBreak Service

You hereby acknowledge and agree that we are NOT a party to any oral or written agreement for employment or services, or any other contract entered into between users of the LaunchBreak Service in connection with any services we offer.

No agency or partnership

No agency, partnership, joint venture, or employment is created as a result of these Terms or your use of any part of the LaunchBreak Service.  You do not have any authority whatsoever to bind us in any respect.  The parties agree that LaunchBreak is a technology company whose primary business is assisting students in their career searches.  Neither we nor any users of the LaunchBreak Service may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

Disputes between users

Your interactions with individuals and/or organizations found on or through the LaunchBreak Service, including the performance of any services by such parties and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization.  You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, individuals or entities with whom you may interact as a result of your use of the LaunchBreak Service.

You understand that we do not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the LaunchBreak Service and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.

IF THERE IS A DISPUTE BETWEEN USERS OF THE LAUNCHBREAK SERVICE, OR BETWEEN ANY USER OF THE LAUNCHBREAK SERVICE AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED.  IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ANY THIRD PARTY, YOU HEREBY RELEASE US, OUR OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES.  IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

DISCLAIMER OF WARRANTIES

THE WEBSITE, MATERIALS AND SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS", AND THE ENTIRE RISK AS TO THERE USE IS WITH YOU.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE WEBSITE, MATERIALS AND/OR SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE WEBSITE, MATERIALS AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF THE LAUNCHBREAK SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE LAUNCHBREAK SERVICE WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, MATERIALS OR SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE LAUNCHBREAK SERVICE, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE LAUNCHBREAK SERVICE OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED ENTITIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

LIMITATION OF LIABILITY

YOU ARE USING THE WEBSITE, MATERIALS AND SERVICES AT YOUR SOLE RISK.  WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE LAUNCHBREAK SERVICE OR YOUR USE OF OUR SERVICES.  IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, COST OF SUBSTITUTE GOODS AND SERVICES, USE, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE LAUNCHBREAK SERVICE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE THEREOF. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE LAUNCHBREAK SERVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE LAUNCHBREAK SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE LAUNCHBREAK SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE LAUNCHBREAK SERVICE, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON, REGARDLESS OF WHETHER WE FACILITATE SUCH MEETINGS. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OF THE LAUNCHBREAK SERVICE AND ALL OTHER THIRD PARTIES.

LOCAL LAWS; EXPORT CONTROL

We control and operate the Website and provide the Services from our headquarters in the United States of America and the entirety of the LaunchBreak Service may not be appropriate or available for use in other locations.  If you use the LaunchBreak Service (or any portion thereof) outside the United States of America, you are solely responsible for following applicable local laws.

FEEDBACK

Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any means of communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary.  You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion.  You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

Please read the following Dispute Resolution and Arbitration; Class Action Waiver provision (this “Provision”) carefully.  It affects your rights.

Please read this Provision carefully.  It provides that all Disputes (as defined below) between you and LaunchBreak arising out of these Terms shall be resolved by binding arbitration.  Arbitration is a form of private dispute resolution and replaces the right to go to court.  In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).

For purposes of this Provision, “LaunchBreak” means Double U Ventures, Inc. and its parents, subsidiaries, and affiliate companies, and each of their respective officers, directors, employees, and agents.  The term “Dispute” means any dispute, claim, or controversy between you and LaunchBreak regarding, arising out of or relating to any aspect of your relationship with LaunchBreak, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below).  “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as LaunchBreak’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

YOU AND LAUNCHBREAK EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give LaunchBreak an opportunity to resolve the Dispute.  You must commence this process by emailing written notification to LaunchBreak at contact@launchbreak.com .  That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek.  If LaunchBreak does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.  You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or LaunchBreak may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”).  You may opt out of this Provision by emailing written notification to LaunchBreak at contact@launchbreak.com.  Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with LaunchBreak through arbitration.  Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with LaunchBreak.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or LaunchBreak may initiate arbitration proceedings.  The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced or maintained or heard as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.  This Provision governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

Because the Platform and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or LaunchBreak may initiate arbitration in either Westchester County, New York or the judicial district that includes your billing address.  However, if LaunchBreak initiates the arbitration in Westchester County, you shall have the right to have the arbitration transferred to the AAA or JAMS office within the judicial district that includes your billing address.

Payment of Arbitration Fees and Costs – LaunchBreak will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses.  Fees and costs may be awarded as provided pursuant to applicable law.  In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with LaunchBreak as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and LaunchBreak specifically agree to do so in writing following initiation of the arbitration.  If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you.  Neither you, nor any other user of the Platform can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

No Judge Or Jury In Arbitration

Arbitration does not involve a judge or jury.  You understand and agree that by entering into these Terms you and LaunchBreak are each giving up the right to a jury trial or a trial before a judge in a public court.  In the absence of this Provision, you and LaunchBreak might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your service, subscription or agreement with LaunchBreak or its affiliates.  Notwithstanding any provision in these Terms to the contrary, we agree that if LaunchBreak makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require LaunchBreak to adhere to the present language in this Provision as of the day you entered into these Terms if a dispute between us arises.

General

We prefer to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action.  However, certain violations of these Terms, as determined by us, may result in immediate termination of your access to the LaunchBreak Service without prior notice to you.  The Federal Arbitration Act, New York state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Foreign laws do not apply.  The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms.  Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or the LaunchBreak Service will be heard in the courts located in Westchester County in the State of New York.  If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  Our failure to enforce any of these Terms is not a waiver of such term.  These Terms are the entire agreement between you and LaunchBreak and supersede all prior or contemporaneous negotiations, discussions or agreements between you and LaunchBreak about the LaunchBreak Service.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

CONTACT US

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at contact@launchbreak.com.