Terms of Purchase
The Launch Library All Access
Last Updated: April 8, 2023
By checking the box next to these Terms of Purchase, and clicking the “Purchase” button, you, the purchaser of The Launch Library All Access (“Customer”, or “you”) agree to purchase this item provided by Melody DiCroce dba The Launch Library, a Florida Limited Liability Corporation (“Company,” “we,” “our” or “us”) and agree to enter into this legally binding agreement, with terms as follows:
For good and valuable consideration, Customer agrees to purchase The Launch Library All Access (“Product”) from Company. In exchange, Company agrees to provide the purchased item, with details as outlined below.
The Launch Library All Access is a library of templates and resources.
1. Customer understands and agrees Product includes:
50+ Launch-related templates including, but not limited to email templates, webinar templates, sales page templates, administrative templates, and more
A private Facebook community which includes launch support by Company
2. Customer understands and agrees this Product does not include:
Private 1:1 support (all support is offered within the Facebook community)
Any good or service other than that in Section A above.
Customer has done sufficient research to fully understand what is included in the Product and what is not included in the Product. Customer agrees that they have reviewed and agree to Company’s Terms and Conditions, which are posted here: https://thelaunchlibrary.com/terms-of-use/
In exchange of valuable consideration for the Product provided by Company to Customer, Customer agrees to pay Company a one-time fee of $497 OR three (3) monthly payments of $177 (“Fee”). Customer agrees to be responsible for the full Fee and agrees to pay the full Fee electronically, via Company’s website or Company’s selected third-party payment processor.
Customer shall make valid required payment prior to gaining any access to the Product.
If the recurring monthly payment option has been chosen by the Customer, Customer gives The Launch Library permission to automatically charge Customer’s method of payment on file for all renewal payments, at the time they are due, without any additional authorization.
Customer further understands and agrees that Product is not a membership or recurring subscription service in which Customer can cancel at any point and stop any subsequent charges.
Customer understands and agrees that if any payment due is not able to be processed and/or received on its due date, Company may re-attempt the charge(s) or notify Customer, who will then have a 3-day grace period to make the payment. Once the grace period has expired, if payment is still not able to be processed, Customer’s access to the Product will be terminated, with no refunds given for any previous payments made and further attempts to collect via other means may be made.
A. Private Facebook Group.
Customer will be granted access to a private social media group as part of the Product. When participating in the social media group, Customer agrees not to post anything defamatory, harmful, hurtful, harassing or that would constitute cyberbullying. Customer understands that Company has a zero tolerance policy towards the conduct described in this provision and will immediately terminate Customer’s access if this provision is violated.
B. Access to Company.
Company will be accessible to Customer through the private social media group, where Company is regularly active. Company will respond as soon as possible to questions posted within the Community.
NON-DISCLOSURE AND CONFIDENTIALITY
Customer understands that this Purchase includes access to Company’s intellectual property, original work, business affairs, third-party confidential information, trade secrets and other sensitive or proprietary information, (“Company’s Information”, “confidential information”, and/or “information”), including but not limited to video recordings, strategies, technical information, verbal guidance and other unpublished information. Customer agrees not to share, distribute, repurpose, claim ownership of, use for commercial benefit, disclose to third parties or copy any of Company’s Information and agrees that doing so is in direct violation of these Terms of Purchase. Customer agrees not to resale any of Company’s intellectual property, trade secrets and other proprietary information. Customer understands that this non-disclosure provision remains in effect in perpetuity and Company reserves the right to prosecute any such violation to the full extent of the law.
By purchasing the Product and participating in the private social media group, Customer may share private and confidential information with Company and other customers in the program (“the Group”). Company agrees not to disclose such confidential information except as otherwise reserved in this agreement and if required to do so by law. A further exception to this is if Company is required by law to disclose information shared by Customer, or if Company has a good faith reason to believe that disclosing such information is necessary to protect Customer, Company, a third party, or to respond to an emergency. Further, Customer may authorize Company to disclose private and/or confidential communications independent of this agreement or outside the scope of this agreement and such authorization will be given by Customer to Company in writing.
Customer also understands that other customers of the Group may share their confidential or proprietary information (“the Group Information”). Customer agrees not to copy, share, distribute, repurpose, claim ownership of, use for commercial benefit or disclose to third parties outside of the Group, any of the Group Information and agrees that doing so is in direct violation of these Terms of Purchase. Customer understands that this non-disclosure provision remains in effect in perpetuity and a third party may prosecute any such violation to the full extent of the law. Customer agrees to hold Company harmless from any such action taken by a third-party against Customer.
Customer and Company agree that neither will engage in any conduct or communications with any third party, whether private or public, designed to disparage the other.
Company owns and maintains all copyrights and intellectual property rights to all of the materials and content in the Product, unless otherwise stated, including but not limited to, brand design, brand elements, design elements, writings, documents, templates, videos, audio recordings, worksheets, emails, handouts, recipes, activities, strategies, systems, techniques, logos, trademarks and other proprietary information and original work created by Company, whether created prior to working with Customer or specifically created for Customer.
By purchasing the Product, Customer is granted one limited, revocable, non-exclusive, non-sublicensable, non-transferable license solely to view, read, download, print and use the materials and content in the Product, for Customer’s personal use only, as directed by Company. No use by Company of the Product in any medium or manner will be deemed to interfere with the limited permissions made to Customer by Company herein. All intellectual property rights remain with Company, nothing in this Agreement shall constitute a transfer of intellectual property ownership.
Customer agrees not to copy, give away, reproduce, edit, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, provide access to another person, or in any other way, exploit Company’s intellectual property without Company’s express written consent. If a violation of this provision is discovered or suspected, Customer understands that this may constitute infringement and theft of Company’s intellectual property and may be a violation of State and Federal laws. In the event of a breach of this section, Company may terminate Customer’s access to the Product, without refund, and reserves the right to prosecute such infringement to the fullest extent of the law.
Company reserves all rights not expressly granted to Customer under these Terms of Purchase.
Customer understands and agrees that Product is not a membership or recurring subscription service. This means Customer cannot cancel or terminate their payments at any point or stop any subsequent charges.
Customer agrees and acknowledges that no portion of payments already made will be refunded.
Company’s refund policy is as follows:
All payments are non-refundable regardless as to payment option. Customer acknowledges that this is a digital product and customer gains access to Product upon purchase. Due to said valuable consideration, we do not issue refund payments of any kind.
Customer understands that Company does not give refunds.
Company may request Customer to provide a testimonial on the Purchase. Customer understands that there is no requirement to provide such a testimonial and further understands that if Customer declines to provide such a testimonial, there will be no negative consequences or change in relationship between Company and Customer.
If Customer chooses to provide a testimonial, it will be purely voluntary, at Customer’s own discretion. Customer understands that the testimonial, along with Customer’s identifying information may be used in Company’s marketing and promotions, with no financial compensation to Customer, and Company will hold an unlimited, irrevocable, worldwide license in perpetuity to use, publish, distribute or repurpose any information provided to Company as part of such testimonial. Customer agrees to sign a Testimonial Release if requested by Company.
NO GUARANTEES, NO WARRANTIES
Customer is participating in this Purchase voluntarily and understands that Company makes no guarantees or warranties regarding Customer’s results with this Purchase.
Customer agrees that Company is not responsible and Customer does not have a cause of action, legal remedy or an entitlement to a refund if Customer does not achieve the desired result upon completion of the Purchase. Customer agrees that Company is not responsible if there are errors or omissions in the Purchase or any of its materials.
The Purchase is provided “as is,” and, except for the express warranties in these Terms of Purchase, is offered with no warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, merchantability, expectation of course of performance and non-infringement. Customer agrees not to hold Company responsible if Customer becomes dissatisfied with the Purchase. The Purchase is intended for a general audience and is not in any way specific advice tailored to any individual.
Templates are designed to support you in saving you time and achieving better launch results, but your success depends on many factors, including your own motivation, dedication, starting point, willingness to work hard and apply the lessons, mindset, etc. and you understand that these factors will impact your results. You also understand that Company may offer guidance, direction, and program materials but does not actually implement anything for you. You are responsible for producing your results.
DISCLAIMER, FULL DISCLAIMER INCORPORATED BY REFERENCE
Customer understands that nothing in the Purchase is intended to constitute or should be relied upon as financial, business or legal advice. The Launch Library provides online business, sales, and launch strategy and education. Client understands that Company is not a licensed business professional firm and is not acting as such. Nothing in the Product is intended to be a substitute for professional advice from an accountant, financial advisor, lawyer or other licensed business professional. Company is providing services only in the capacity as a launch and online business consultant, not as a licensed business professional. Company does not guarantee that Client will obtain any specific results or earn any money using its recommendations.
Customer has read, understands and consents to be bound by Company’s full Disclaimer, located at thelaunchlibrary.com/terms-and-conditions, which is incorporated here.
ASSUMPTION OF RISK
Customer is entering into this Purchase voluntarily at Customer’s own free will. Customer understands that the Purchase may include participation in financial, business or career strategies which include inherent risks. Customer confirms that during participation in this Purchase, Customer will always have the opportunity to consult with a licensed business professional before acting on any content of the Purchase. If Customer chooses not to consult with other licensed professionals and chooses to act on any content in the Purchase, Customer agrees that Customer is acting voluntarily and assumes all risks of use or non-use and agrees not to hold Company responsible for any harm, illness, injury or other negative results.
LIMITED LIABILITY, INDEMNIFICATION
Customer agrees that under no circumstances is Company to be held liable for any damages, whether direct or indirect, resulting from these Terms of Purchase or the Purchase, including any losses, injuries or medical ailments, and Company expressly excludes such liability to the fullest extent of the law. In no event shall Company’s liability exceed the fees paid under these Terms of Purchase.
Customer agrees at all times to indemnify, defend and hold Company and its team members, agents, affiliates, and other parties associated with Company, harmless from any actions, losses, damages or expenses, as well as third party claims, including attorneys’ fees and expenses, arising out of or related to these Terms of Purchase.
These Terms of Purchase shall be construed in accordance with, and governed by, the laws of the State of Florida as applied to contracts that are executed and performed entirely in Florida, regardless of Customer’s location. The exclusive venue for any legal proceeding based on or arising out of these Terms of Purchase shall be Clay County, Florida.
DISPUTE RESOLUTION, LITIGATION EXPENSES
Should any dispute arise between Customer and Company, it would be preferable to work it out amicably, but if that is not possible, then Customer agrees that the dispute will be resolved by Arbitration, by the American Arbitration Association in Clay County, Florida. Customer agrees to participate in the arbitration process in good faith, and further agrees that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgment of law. Customer understands that any claim must be commenced within one year of the date of the grievance, or forfeited forever.
Customer understands that the only remedy that can be awarded through Arbitration is a refund of payments made to Company. NO AWARD OF ANY CONSEQUENTIAL OR ADDITIONAL DAMAGES MAY BE AWARDED TO CUSTOMER.
If any legal action is brought because of an alleged dispute regarding these Terms of Purchase, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action, in addition to any other relief to which they are entitled.
ENTIRE AGREEMENT, WAIVER, SEVERABILITY, ASSIGNMENT
Customer and Company agree that these Terms of Purchase constitute the entire agreement between them and supersedes any and all prior agreements, discussions, correspondence, understandings or proposals. Customer understands that any expectation regarding the Purchase, which is not specifically included in these Terms of Purchase is not included in the Purchase.
Customer agrees that no waiver of any of the provisions of these Terms of Purchase shall be deemed, or shall constitute, a waiver of any other provision of these Terms of Purchase, nor shall any waiver constitute a continuing waiver.
If any term of these Terms of Purchase is found to be invalid, void, or unenforceable under applicable law, the other provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.
These Terms of Purchase are not assignable, delegable, sub-licensable, or otherwise transferable.
CHANGES TO TERMS OF PURCHASE
We may revise and update these Terms of Purchase from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Product thereafter. However, any changes to the dispute resolution provisions set out in the dispute resolution and governance provisions will not apply to any disputes for which the parties have actual notice [on or] before the date the change is posted on the Website.
Your continued use of the Product following the posting of revised Terms of Purchase means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
By purchasing Product, Customer and Company acknowledge and agree to all of the terms of these Terms of Purchase.