PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these Terms and Conditions. If you do not agree to them, please do not use the website.
Your access to and use of launchninjas.com, including its subdomains and any related pages operated by LAUNCH NINJAS, INC. (collectively, the “Site”), is subject to the following terms and conditions (the “Terms”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and acknowledge that any other agreements between you and the Site regarding its use are superseded and of no force or effect, except for any Engagement Agreement described in Section 9.
- Content and limited licenseYou agree that the Site itself, as well as all content, videos, articles, graphics, case studies, service descriptions, and other materials made available on the Site by us or by third parties, as well as the look and feel of all of the foregoing (collectively, the “Content”), are maintained for your personal use and information by LAUNCH NINJAS, INC. (the “Company”) and are the property of the Company and/or its third-party providers. Company Content includes all proprietary videos, HTML/CSS, JavaScript, graphics, voice and sound recordings, artwork, photos, documents, and text, as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, and use the Site solely for your personal or internal business purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content, or use of the Content for any other purpose, violates the copyright and other proprietary rights of the Company and of the other authors who created the materials and may subject you to monetary damages and penalties.
- CopyrightAll Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, is copyrighted unless otherwise noted and is the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms.
- Trademarks and intellectual propertyAll trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and mark “LAUNCH NINJAS,” the Launch Ninjas ninja logo, and the tagline “Build it, Brand it, Launch it,” are either the property of, or used with permission by, the Company. Nothing contained in these Terms or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any trademark or other proprietary information without the express written consent of the Company or the third-party owner. The Company respects the copyright, trademark, and other intellectual property rights of others and has the right, but not the obligation, to remove content that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms. If you believe that your intellectual property rights are being violated on the Site, notify the Company at LAUNCH NINJAS, INC., 2150 S Central Expy, Suite 200-58, McKinney, TX 75070-4000, or by e-mail at damon@launchninjas.com. Please provide your name and contact information, a description of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location (URL) of the violation, and any other information you believe is relevant.
- Accuracy of informationWhile the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy and assumes no liability or responsibility for any errors or omissions in the content of the Site.
- Electronic communicationsWhen you submit a form, register, or otherwise provide your contact information to the Company through the Site, you expressly consent to receive notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, and other records or correspondence from the Company, and you consent to receive such notices electronically by e-mail.
- SubmissionsIf you send comments or suggestions about the Site to the Company, including but not limited to notes, text, drawings, images, designs, or computer programs, such submissions shall become and remain the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company, and the Company shall exclusively own all rights to such submissions (including intellectual property rights) and shall be entitled to their unrestricted use, publication, and dissemination for any purpose, commercial or otherwise, without acknowledgment or compensation to you. This Section does not apply to materials you provide under an Engagement Agreement, which are governed by that agreement.
- SecurityThe Company uses commercially reasonable efforts to restrict unauthorized access to its data and files. However, no system, whether or not password protected, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute data and files you transmit through the Site. Use of the Site is at your own risk.
- PrivacyThe Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company in good faith believes such disclosure is necessary to comply with the law or to enforce these Terms. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with the Privacy Policy, in whole or in part, please do not use the Site.
- Services and engagementsMarketing, advertising, web design, consulting, and other professional services offered by the Company are provided under a separate proposal, statement of work, invoice, or written agreement (an “Engagement Agreement”). If these Terms conflict with an Engagement Agreement, the Engagement Agreement controls for that engagement. Nothing on the Site constitutes an offer to provide services to any particular person or business, and the Company may decline any engagement in its sole discretion.
- Disclaimer of warrantiesNEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS, THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY OR ACHIEVE ANY PARTICULAR RESULT USING THE SITE OR THE COMPANY’S SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AND FOR EXECUTING YOUR OWN BUSINESS. YOUR RESULTS DEPEND ON YOUR OWN PRODUCTS, IDEAS, AND TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME AND BUDGET YOU DEVOTE; AND YOUR FINANCES, KNOWLEDGE, AND SKILL. BECAUSE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS AND BUSINESSES, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THE SITE ARE FREE FROM BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. Please note that your jurisdiction may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
- Third-party providers, access, and refundsTHE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER (INCLUDING, FOR EXAMPLE, YOUR WEB HOSTING PROVIDER, ADVERTISING PLATFORMS SUCH AS META OR GOOGLE, PAYMENT PROCESSORS, AND YOUR OWN SOFTWARE OR ANY UPDATES TO IT). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OR ANY OTHER RULES OR CONDITIONS OF THE COMPANY, AND TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS, AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. Fees paid for services are governed by the applicable Engagement Agreement. Where an Engagement Agreement does not address refunds, any refund is at the Company’s sole discretion, and no refund will be made for work already performed or for advertising spend already incurred on your behalf.
- Limitation of liabilityIN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING BUT NOT LIMITED TO DAMAGE TO OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION, OR DATA; LOSS OF PROFITS, REVENUE, OR GOODWILL; COST OF CAPITAL; COST OF REPLACEMENT SERVICES; OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER, OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THE THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
- IndemnificationYou agree to indemnify and hold the Company and each of its directors, officers, employees, and agents harmless from any and all liabilities, claims, damages, and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of these Terms, (ii) any violation by you of law or of the rights of any third party, (iii) any materials, information, works, and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which it is entitled to indemnification under this Section, in which event you shall provide the Company with such cooperation as it reasonably requests.
- Third-party beneficiariesThe provisions of these Terms are for the benefit of the Company, its subsidiaries, affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- Governing lawThese Terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You submit to the exclusive jurisdiction of the state and federal courts sitting in Collin County, Texas. If any provision of these Terms is unlawful, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
- RevisionsThese Terms may be revised from time to time by updating this page. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms.
Contact Information for Questions or Concerns
If you have any questions or concerns about the Company or about these Terms, please contact us:
By e-mail: damon@launchninjas.com
By mail: LAUNCH NINJAS, INC., 2150 S Central Expy, Suite 200-58, McKinney, TX 75070-4000
Online: through the contact form on the Site