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Terms of Service 

1. Your Acceptance

By using the mobile applications, website or any products, software, data feeds, and services (collectively the "Service") provided by Launch Mobility, Inc., a Delaware Corporation, (“Launch Mobility”), you signify your agreement to (1) these terms and conditions (the "Terms of Service") and (2) Launch Mobility's Privacy Policy, found at https://www.launchmobility.com/privacy and incorporated herein by reference. If you do not agree to any of these terms, please do not use the Service.

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Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (https://www.launchmobility.com/terms). Launch Mobility may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

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2. Service

These Terms of Service apply to all users of the Service, including users who are invited to the Service by a third party service provider who has licensed the Launch Mobility Service (Licensee). The Service may contain links to third party websites that are not owned or controlled by Launch Mobility. Launch Mobility has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Launch Mobility will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Launch Mobility from any and all liability arising from your use of any third-party website.

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Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

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3. Accounts

In order to access some features of the Service, you will need an account. You may never use another's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Licensee who issued your account immediately of any breach of security or unauthorized use of your account.

Although Launch Mobility will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Launch Mobility or its Licensee due to such unauthorized use.

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4. General Use of the Service—Permissions and Restrictions

Launch Mobility hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

  1. You agree not to distribute in any medium any part of the Service or the content without Launch Mobility's or the Licensee’s prior written authorization, respectively.

  2. You agree not to alter or modify any part of the Service.

  3. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Launch Mobility servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes. In your use of the Service, you will comply with all applicable laws.

  4. Launch Mobility reserves the right to discontinue any aspect of the Service at any time.

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5. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content.

  1. The Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Launch Mobility, subject to copyright and other intellectual property rights under the law.

  2. Content is provided to you AS IS. You shall not copy, reproduce, distribute, transmit, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of Launch Mobility. Launch Mobility and its Licensee reserve all rights not expressly granted in and to the Service and the content.

  3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or the content therein.

  4. You understand that when using the Service, you will be exposed to content from the Licensee or other sources, and that Launch Mobility is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Launch Mobility with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Launch Mobility, its owners, operators, affiliates and licensors to the fullest extent allowed by law regarding all matters related to your use of the Service.

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6. Your Information and Conduct

If applicable, you understand that Launch Mobility may share your information with its Licensee and Launch Mobility is not responsible for the Licensee's use of any information you submit. You shall be solely responsible for your own information and the consequences of submitting and sharing your information with a Licensee on the Service.

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7. Account Termination Policy

Launch Mobility reserves the right to terminate a user’s access to the Service if the user violates any of these Terms of Service, decided in the sole discretion of Launch Mobility.

 

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LAUNCH MOBILITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. LAUNCH MOBILITY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. LAUNCH MOBILITY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SERVICES, AND LAUNCH MOBILITY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

9. Limitation of Liability

IN NO EVENT SHALL LAUNCH MOBILITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT LAUNCH MOBILITY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

The Service is controlled and offered by Launch Mobility from its facilities in the United States of America. Launch Mobility makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

10. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Launch Mobility, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

 

11. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

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12. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Launch Mobility without restriction.

 

13. General

You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Launch Mobility, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Launch Mobility that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service, together with the Privacy Notice at https://www.launchmobility.com/privacy and any other legal notices published by Launch Mobility on the Service, shall constitute the entire agreement between you and Launch Mobility concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Launch Mobility's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Launch Mobility reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND LAUNCH MOBILITY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Dated: May 6, 2019

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