LAUNCH THERAPEUTICSWEBSITE TERMS OF USE

THESE TERMS OF USE (“TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND LAUNCH THERAPEUTICS (“LAUNCHTX”, “WE”, “OUR” OR “US”).  AND GOVERN YOUR USE OF THE WEBSITE LOCATED AT THE URL: HTTPS://WWW.LAUNCHTX.COM/(THE “SITE”).  READ THESE TERMS CAREFULLY BEFORE BROWSING THE SITE.  USING THE SITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS.  YOU MAY NOT USE THE SITE IF YOU DO NOT ACCEPT THESE TERMS.

Changes.

LaunchTX may make changes to the content and services offered on the Site at any time. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. We will post any modified Terms on the Site.

If you object to any such modifications, your sole recourse shall be to cease using the Site.  Continued use of any part of the Site 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  Also, please know that these Terms may be superseded by legal notices or terms located on specific pages of the Site or associated with specific products, services or software.  Such legal notices or terms supersede the provision(s) of these Terms.

General Use.

By using the Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms.  If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless LaunchTX if the Minor breaches any of these Terms.  If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to the LaunchTX or the Site.

LaunchTX provides content through the Site that is copyrighted and/or trademarked work of LaunchTX,LaunchTX’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”).  Materials may include logos, graphics, video, images and other content.

Subject to the terms and conditions of these Terms, and your compliance with these Terms, LaunchTX hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Site solely for your personal use.  Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

Electronic Communications.

By using the Site or any part of the Site, you consent to receiving electronic communications from us.  These electronic communications may include notices about transactional information and other information concerning or related to the Materials provided on or through the Site.  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.

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.  Please review LaunchTX Privacy Policy (the “Privacy Policy”) which explains how we use information that you submit to LaunchTX.

Links to Third-Party Sites.

LaunchTX sometimes provides links on the Site to third-party websites.  If you use these links, you will leave the Site. We are not obligated to review any third-party websites that you visit via a link on Site, 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). Therefore, unless specifically stated on our Site, we do not endorse or make any representations about such websites or any information, material or results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Site, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites.  Certain areas of the Site may allow you to interact, conduct transactions, and/or share your activity on our Site with one or more third-party websites. YOU AGREE THAT LAUNCHTX WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.

Unauthorized Activities.

You are solely responsible for your actions when using the Site.  You acknowledge and agree that you shall not :

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Use racially, ethnically, or otherwise offensive language.
• Discuss or incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
• Post anything that exploits children or minors or that depicts cruelty to animals.
• Post any copyrighted or trademarked materials without the express permission from the owner.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
• Use any robot, spider, scraper or other automated means to access the Site.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Alter the opinions or comments posted by others on the Site.
• Post anything clearly false or misleading.
• Post anything unrelated to our business, products or services.
• Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.

This list of prohibitions provides examples and is not complete or exclusive.  LaunchTX reserves the right to with or without cause and with or without notice, for any reason or no reason, or for any action that LaunchTX determines is inappropriate or disruptive to the Site or to any other user of the Site. LaunchTX may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at LaunchTX’s discretion, LaunchTX will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet.

You agree to indemnify and hold LaunchTX and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) LaunchTX or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Site violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.

Proprietary Rights.

The Site includes registered and unregistered trademarks that belong to us.  Other trademarks, names and logos on the Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of LaunchTX.  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.

LaunchTX respects the intellectual property rights of others, and we ask you to do the same.  LaunchTX may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site for users who infringe the intellectual property rights of others.  If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide LaunchTX’s designated agent the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit LaunchTX to locate the material.
• Information reasonably sufficient to permit LaunchTX to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

LaunchTX’s agent for notice of claims of copyright or trademark infringement on the Site can be reached as follows:

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Termination of Repeat Infringers

LaunchTX reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated infringement notifications.

Disclaimer of Warranties.

Your use of the Site is at your own risk.  The Materials have not been verified or authenticated in whole or in part by LaunchTX, and they may include inaccuracies or typographical or other errors.  LaunchTX does not warrant the accuracy of timeliness of the Materials contained on the Site.  LaunchTX has no liability for any errors or omissions in the Materials, whether provided by LaunchTX, our licensors or suppliers or other users.

LAUNCHTX, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITEOR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS.  UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  LAUNCHTX DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability.

LAUNCHTX SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LAUNCHTX BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF LAUNCHTX KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL COMPANY’S LIABILITY EXCEED THE GREATER OF $100 AND THE AMOUNTS YOU PAY LAUNCHTX FOR USE OF, OR IN CONNECTION WITH, THE SITE.

Local Laws; Export Control.

LaunchTX controls and operates the Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations.  If you use the Site outside the United States of America, you are responsible for following applicable local laws.

Feedback.

If you send or transmit any communications, comments, questions, suggestions, or related materials to LaunchTX, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary.  Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and LaunchTX is 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.  Notwithstanding the foregoing, you understand and agree that LaunchTX is 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.

Language.

The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.

General.

LaunchTX prefers 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 LaunchTX, may result in immediate termination of your access to the Site without prior notice to you.  California 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.  Any disputes relating to these Terms or the Site will be heard in the courts located in the State of California.  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.  LaunchTX’s failure to enforce any of these Terms is not a waiver of such term.  These Terms are the entire agreement between you and LaunchTX and supersede all prior or contemporaneous negotiations, discussions or agreements between you and LaunchTX about the Site.  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 LaunchTX for any reason, you can reach us at info@launchtx.com.