Terms of Use and Disclaimer

(Updated March 1, 2013)

LightningLaunch.com (the “Site”) is provided by Lightning Launch, LLC and its affiliates and subsidiaries (collectively, “LL” and “we”). Your use of this Site is subject to these Terms and Conditions of Use (“Terms of Use”). Please read these Terms of Use and the other information referred or linked to in these Terms of Use carefully and be sure you understand them, since this is a legally binding agreement that contains important information about our Site and your permitted use of it. From time to time we may unilaterally modify these Terms of Use and any such modifications will be effective upon posting, so it is important that you review these Terms of Use every time you use this Site.

 

PLEASE NOTE: YOUR USE OF THIS SITE AND THE CONTENT AND THE SERVICES PROVIDED THROUGH THE SITE ARE VALUABLE BENEFITS THAT YOU RECEIVE, AND CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, THEN YOU MAY NOT USE THIS SITE.

 

1. Right to Use this Site

LL grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license for you to use and view information and materials on this Site solely for your personal entertainment, information, education, and communication, upon all of the terms of these Terms of Use. This Site contains materials and other items relating to LL and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the “Content”). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, graphics, photographs, audio clips, music, sounds, pictures, videos, software, code, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress and stylistic convention of the Site, all of which is protected by intellectual property laws and treaties. In using this Site, you must respect the intellectual property rights of LL and others, all as outlined below. Accordingly, your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

 

2. Copyrights

All Content, any improvements or modifications to the Content, any derivative works based thereon, and the collection, arrangement and assembly of all Content are copyrighted, are the property of LL or its licensors, and are protected by United States and international copyright and other intellectual property laws. Copyright Notice LL disclaims any representation or warranty that your unauthorized use of the Content will not infringe upon rights of third parties not owned by or affiliated with LL.

Except as set forth in these Terms of Use, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices or legends. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in these Terms of Use may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right. LL respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via this Site, then please see the paragraph below entitled Procedure for Alleging Copyright Infringement.

 

3. Trademarks

The trademarks, logos, and service marks displayed on this Site are owned by LL or third parties, and this Site’s trade dress is owned by LL (collectively, the “Trademarks,” which also constitute Content). LL’s Trademarks may not be used in connection with any product or service that is not LL’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit LL. All other Trademarks not owned by LL that appear on the Site are the property of their respective owners, and are used by LL with permission. You may not use, modify or display any of the Trademarks appearing on the Site without the express written permission of the respective owner thereof.

 

4. Your Communications to LL; LL Rights to Your Submissions

LL likes to hear from you. However, in your communications with LL, please keep in mind that, unless it specifically requests them, LL does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Therefore, please do not send to LL any unsolicited materials, such as ideas for toys, games, or other products, or any other suggestions, ideas, notes, drawings, inventions, techniques, models, designs, concepts, or other similar information, materials or user-generated content. However, should you send LL any of the foregoing, any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to LL via this Site or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this Site (collectively, “Your Submissions”) will be treated as non-confidential and nonproprietary, and LL will not assume any responsibility, obligation, or liability for them or for LL’s receipt or non-receipt of them. LL’s receipt of Your Submissions is not an admission by LL of their novelty, priority, or originality, and it does not impair LL’s right to contest existing or future intellectual property rights relating to Your Submissions.

You hereby grant LL a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any manner or media whatsoever, on an unrestricted basis and without any attribution, compensation or royalties to you. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by LL in these Terms of Use, do not and will not infringe or otherwise violate any right of any third party.

When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

5. Use Restrictions

You agree that you will not: (a) use this Site for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Site by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other “hidden text” utilizing any Trademarks; (e) engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, exploitative of a minor or that violate any right of any third party; (f) engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site; (g) access or attempt to access any password protected portions of the Site without an authorized password or through any means other than by submitting your authorized password on the appropriate web page or web tools; or (h) collect or use any product listing, description or prices for commercial purposes. You also agree that, in using this Site, you will not impersonate any person or entity or misrepresent your affiliation with any entity.

 

6. Investigations; Cooperation with Law Enforcement; Termination

LL reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (b) investigate any suspected breaches of these Terms of Use, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of these Terms of Use to the full extent of the law, and (e) discontinue this Site or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever. Upon any termination, you agree to discontinue your use and access of the Site and to immediately destroy all materials obtained from it.

 

7. Privacy and Security Measures

LL must collect certain information in order to operate this Site and to fulfill your requests or enable participation in certain online activities. But LL respects the privacy of its visitors, and is especially mindful of protecting the privacy of children visiting our sites. We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. Please click here to review our Privacy Policy.

 

8. Disclaimers and Limitations of Liability

This Site may include technical inaccuracies or other errors, and your use and browsing of this Site is at your risk. THIS SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LL DOES NOT WARRANT THAT THIS SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE, CONTENT OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, LL DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AVAILABLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND LL IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. YOUR USE OF THIS SITE AND THE CONTENT IS AT YOUR OWN RISK. IF YOUR USE OF THIS SITE OR THE CONTENT CONTAINED ON THIS SITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, YOU ARE SOLELY RESPONSIBLE THEREFORE AND LL WILL NOT BE LIABLE FOR THOSE COSTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL LL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY CONTENT, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS SITE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LL BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED MATERIALS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL LL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (IF ANY) EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR FOR ANY OF YOUR ACTIVITIES ON THE SITE.

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor 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.”

 

9. Links by You to this Site

You may not create hyperlinks to this Site without our prior approval.

 

10. Links on this Site to and from Other Sites

This Site may contain links to or from third-party sites (“Linked Sites”), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners of LL. LL has no control over the content of Linked Sites or any link contained in a Linked Site, and LL does not assume any obligation to review any Linked Sites. LL does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and LL disclaims all liability, direct or indirect, in connection therewith. We require service providers and trusted vendors who operate websites on our behalf to safeguard the privacy of any personal information they handle, adhere to industry-accepted practices to safeguard personal information, respect our intellectual property rights and the rights of third parties, and operate in accordance with all applicable requirements. Any activities you engage in connection with any Linked Site, however, are subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site, and LL hereby disclaims all liability, direct or indirect, in connection therewith.

 

11. Banners, Advertisements, and Promotions

We reserve the right to post banners, advertisements, promotions, and similar content throughout this Site. Third-party advertisers and firms that serve ads may operate under terms and conditions and privacy policies that differ from LL’s policies, so please review them carefully. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Site (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, privacy and data security and the like). LL hereby disclaims all liability, direct or indirect, in connection with therewith.

 

12. Procedure for Alleging Copyright Infringement

LL will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Site, then send us a written notice that includes all of the following:

 

  • (i) a legend or subject line that says: “DMCA Copyright Infringement Notice;”

  • (ii) a description of the copyrighted work that you claim has been infringed;

  • (iii) the URL of the site and a description of where the material that you claim is infringing is located on that site;

  • (iv) your address, telephone number, and e-mail address;

  • (v) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;

  • (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,

  • (vii) your electronic or physical signature.

 

LL will only receive DMCA notices by mail or e-mail at the addresses below:

By Mail:

Lightning Launch, LLC.

12 Oakland Street

Amesbury, MA 01913

 

By E-Mail: info@LightningLaunch.com

LL may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and LL may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. If you have additional questions you may contact LL at info@LightningLaunch.com.

 

13. General Provisions

A. Indemnity

You agree to indemnify, defend, and hold harmless LL (which includes LL’s affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against LL or any such other party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with (a) your use of this Site or any Content, (b) your violation of these Terms of Use, or (c) your violation of any rights of any third party.

 

B. Assignment

You agree that LL may assign any of its rights and/or transfer, sub-contract or delegate any of its obligations under these Terms of Use. These Terms of Use are personal to you may not transfer or assign it to a third party.

 

C. Revisions to this Site and these Terms of Use

At any time, without notice to you and for any or no reason, LL may, in its sole discretion, modify or discontinue any aspect of this Site, including, without limitation, any Content, any activities available on this Site, and any products or services offered through this Site. LL shall in no way be held liable for any consequence which results from LL’s decision to modify or discontinue providing the Site. LL may also, in its sole discretion, revise these Terms of Use by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Site following the effective date of any such changes constitutes your acceptance of those changes.

 

D. Operation of Site; Availability of Products and Services

LL controls and operates this Site from its headquarters in the United States of America, and LL makes no representation that this Site is appropriate or available for use beyond the United States of America. If you use this Site from other locations, you are responsible for compliance with applicable local laws. Although LL products and services are available in many parts of the world, this Site may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide.

 

E. Jurisdiction, Venue, and Governing Law

You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Site shall be filed, and that venue properly lies, only in state or federal courts located in the borough of Manhattan, New York, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any principles of conflicts of law.

 

F. Force Majeure

LL shall not be liable for any failure to perform in accordance with these Terms of Use which is due to an event beyond the control of LL including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot civil unrest act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract which may have been entered into, nor which could have been reasonably foreseen.

 

G. Miscellaneous Provisions

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of these Terms of Use and will not affect the validity or enforceability of the remainder of these Terms of Use. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these Terms of Use, the word “including” is used illustratively, as if followed by the words “but not limited to.”

 

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

 

 

H. Trademark & Logos

 

The depiction of any trademarks/logos is for identification purposes only and does not represent endorsement of, or affiliation with Lightning Launch, its services, products or employees by the trademark owner. All featured logos are the property of their respective companies.

 

DISCLAIMER

Lightning Launch’s research, development and presentation services are provided for a small upfront fee paid by the client and a contingent fee (which is a percentage of royalties obtained by the client, if any). New product development is an uncertain endeavor and the use of Lightning Launch’s services does not always result in a license agreement, sales on any market or profit to the inventor. Lightning Launch does not perform analysis of the feasibility, marketability, patentability or profitability of ideas submitted to it.