Terms & Conditions – Programs

Last revision: May 19, 2021

These Terms & Conditions of use apply to your access to and use of any materials, content, or services provided through the Website maintained by Launch Academy (“Launch Academy,” “we,” “us,” “our”), and such other websites and locations as may be made available from time to time (collectively, the “Website”), By accessing and using the Website, you accept and agree to be bound by these Website Terms, and all applicable laws and regulations.

PLEASE READ THESE WEBSITE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. 

If you wish to access and use the Website, you must accept and agree to be bound by and comply with these Terms of use. If you do not agree to these Terms of use, you must not access or use our Website.

You agree that these Terms of use, and any related information, communications, and agreements between you and us, may be made available or occur electronically. At our sole discretion, we reserve the right to modify these Terms of use at any time. Such modifications shall become effective upon its posting on the Website. Your continued use of the Website will be considered your acceptance of the revised Terms & Conditions. 

Our services: To access our Services, you must be the age of majority and have the requisite power and authority to enter into these Terms & Conditions and abide by and comply with them. If you are using or opening an account on behalf of a company, entity, or organization, then you represent and warrant that you are an authorized representative of that Subscribing Organization with authority to bind such organization to these Terms & Conditions. 

To access our Services, and when applicable, we may request you to create an account by providing certain personal information under the Terms established in our Privacy Policy. Please notice that you are responsible for maintaining the confidentiality of your account, username, and password, and you agree to notify us immediately of any unauthorized use of your account. 

Under these Terms & Conditions, we grant you a non-exclusive, non-sublicensable, and non-transferable license to use our Services. We reserve the right to close your account at any time and under any reason.

You are responsible for all content you contribute, in any manner, to our Services, and you represent and warrant you have all rights necessary to do so in the way in which you contribute it. 

Intellectual Property: All intellectual property on the Website is owned by Launch Academy or our licensors, including materials protected by copyright, trademark, or patent laws. Our Website contains content including, but not limited to, all text, audio, images, and other materials or elements (collectively the “Content”). The content displayed on or through our Website is protected by copyright as a collective work and/or compilation, pursuant to Canadian and other copyrights laws and is the Company’s proprietary; All rights reserved. 

We may provide you with certain information or materials as a result of the use of the services provided in our Website, including, but not limited to: documentation, data, or information developed by us; please note that these materials may not be used for any other purpose than the use of the Website and the Services offered by us. Nothing in these Terms & Conditions shall be interpreted as granting any license of intellectual property.

Links to Other Websites: Our Site may contain some links to other websites and online resources that are not owned or controlled by us; therefore, we cannot assume responsibility for such sites’ content and general practices. We recommend you to read their Terms & Conditions and Privacy Policy before using any external site you visit as a result of following a link posted on our Site. 

Your interactions with organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. Therefore, we cannot assume responsibility or liability for any loss or damage of any sort due to any of such interactions. We recommend you read their Terms & Conditions and Privacy Policy. 

Communication: As part of our Services, you may receive communications from us, including messages, newsletters, and marketing-related emails. Please note that you can opt not to receive such communications by following the unsubscribe instructions on a link at the bottom of each such email or by contacting us at [email protected] 

Payment terms: when you purchase on the Website, you agree to provide a valid instrument to make a payment, paying attention to the details of the transaction, as your total price may include taxes and other fees for which you are responsible. By agreeing to these Terms & Conditions, you acknowledge that we may use third-party payment processors to process your payments through the Website. We may collect, use, retain, or disclose your personal information to process such payments for you, subject to the Privacy Policy.

Your privacy: We respect your right to privacy. All information that we may collect via the Website is subject to our Privacy Policy, which is accessible at https://www.launchacademy.ca/privacy-policy/ 

Your conduct: You, your co-founders, employees, partners, directors, officers, and agents agree to comply with our Code of Conduct

  1. If you are a program participant, you will actively participate in all mandatory Launch Academy programs, such as metrics and milestone tracking and Pitch Days; and strive to participate in all voluntary programs.
  2. You shall comply with all policies, terms of services, and procedures established by Launch Academy.
  3. You shall comply with all applicable laws and shall not engage in any fraudulent or unethical activities.
  4. You shall respect the intellectual property rights of third parties.
  5. You shall respect the intellectual property rights and confidentiality of your fellow Launch Academy members.
  6. You acknowledge and accept that Launch Academy is a community. Fellow members are free to develop and pursue businesses that may directly or indirectly compete and conflict with your own product and/or services now or in the future.
  7. You will not use the confidential or proprietary information of fellow Launch Academy members for any purpose other than the purpose for which it is disclosed or disclose that confidential or proprietary information to third parties without the consent of the other Launch Academy member. You will respect the intellectual property rights of that member.
  8. You acknowledge that, when communicating with other Launch Academy members, it is your responsibility to identify in writing which information you consider to be your confidential and proprietary information and to obtain appropriate confidentiality agreements or other agreements with other members to whom such confidential and proprietary information is disclosed.
  9. You are solely responsible for maintaining the confidentiality of your intellectual property and confidential and proprietary information. Launch Academy has no responsibility or liability for any loss or theft of such intellectual property or such confidential and proprietary information.
  10. You acknowledge and agree that Launch Academy has no responsibility or liability for any disputes that may arise between you and any other members.
  11. If you are granted access to the premises, you shall maintain the safety and security of the premises and shall conduct your activities in and around the premises in a manner that does not interfere with or harm the work of Launch Academy, and other members and companies in the premises.
  12. Launch Academy may, from time to time, amend this Code of Conduct by notice of writing to members.

Statistics & Metrics: You agree to allow Launch Academy to freely use information about your Company to measure the performance of Launch Academy programs and disclose the performance of its programs to governmental authorities and other stakeholders.

Email usage: You agree to allow Launch Academy to subscribe your email to the internal Launch Academy Google Group(s), as well as to Launch Academy’s external newsletter list, to keep you informed about events and important office announcements. You may unsubscribe from either at any time.

Insurance: You shall obtain and maintain your own insurance, including third-party liability insurance, in such amounts and on such terms as Launch Academy may reasonably require. You shall provide evidence of such insurance to Launch Academy when requested.

Indemnity: You shall indemnify and hold harmless Launch Academy and its directors, officers, employees, members, mentors, and agents from and against any and all claims, actions, suits, proceedings, losses (including personal injury or damage to property of Launch Academy or third parties), damages, liabilities, costs, fees or expenses (including without limitation all reasonable legal fees) (collectively, the “Claims”) arising from or in connection with:

  1. Launch Academy’s programs or the activities of you or your directors, officers, employees, agents, invitees or shareholders or those for whom in law you are responsible, except to the extent the Claims result solely from the gross negligence, recklessness, willful or intentional misrepresentation, fraud or violation of law by Launch Academy or those for whom in law it is responsible;
  2. Any negligence, gross negligence, recklessness, willful or intentional misrepresentation, misconduct or fraud or violation of law by you, your directors, officers, employees, agents, invitees or shareholders or those for whom in law you are responsible; or
  3. Any actual or alleged infringement or misappropriation by you or any product or service developed or marketed by you of any patent, trademark, trade name, copyright or other proprietary or intellectual property right of any person, or any actual or alleged misuse by you of any confidential information disclosed to you by any person.

Release of certain claims: You hereby release Launch Academy and its directors, officers, employees, members, mentors, and agents from all actions and claims whatsoever that you may now or at any time in the future have with respect to the activities of other Launch Academy members or other persons who may be on or about the premises including, without limitation, any personal injury, damage to personal property or infringement or theft of intellectual property rights or confidential information. 

Disclaimers: Launch Academy makes no representations or warranties, expressed or implied, to you with regard to the Launch Academy Programs or that the Launch Academy Programs will result in or cause your business venture to succeed or achieve specific objectives. You have no duty to comply with or follow any advice or recommendations given by Launch Academy, and you shall retain full right and authority to conduct your business in accordance with your own judgment.  

This Agreement shall not restrict launch Academy from providing consultation, advice, and services to other persons or entities engaged in a business similar to or which competes with your business. In no instance shall Launch Academy be deemed to have any fiduciary or other similar duties or obligations to you, nor shall Launch Academy be deemed to have any implied duties pursuant to this Agreement. No third party is an intended beneficiary of this Agreement.

Limits of Liability: To the extent allowed by applicable law, in no event shall Launch Academy or any of its directors, officers, employees, mentors, or agents are liable for:

  1. Any loss of profits, loss of use of data, interruption of business, or indirect, special, incidental, or consequential damages of any kind incurred by you.
  2. Any claim or other proceeding against you by a third party.
  3. Any representation or warranty made to any third party by you.

Notwithstanding anything in this Agreement to the contrary, the entire liability to you for damages concerning the performance or non-performance by Launch Academy, as well as its officers, directors, employees, mentors, and agents, and those for whom Launch Academy at law is responsible, of, or in any way relating to the subject matter of this Agreement, and regardless of whether such damages are based in contract or tort or otherwise, shall not exceed in the aggregate the amount of cash consideration received by Launch Academy from you during the six months prior to the presentation of the claim to Launch Academy.

No interest in the premises: The parties acknowledge that there is no intention for this Agreement to be a sublease or a grant to any real property interest in the premises to you.

Entire Agreement: This Agreement represents the entire Agreement between Launch Academy and you, and there are no other agreements, covenants, representations, or warranties, written or oral, between the parties with respect to the Launch Academy Programs or the premises.

No Assignment or Sublicense: You cannot assign or sublicense your rights under this Agreement to a third party without the consent of Launch Academy, which Launch Academy may withhold at its discretion.

Governing Law: This Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable in British Columbia.

Survival: Sections “Your conduct,” “Indemnity,” “Release of certain claims,” “Disclaimers,” “limits of liability,” “no interest in the premises,” “entire agreement,” “No Assignment or Sublicense” shall survive the expiry or termination of this Agreement.

We’re excited to have you as part of this community! Now GET SH!T DONE!

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By agreeing to these Terms & Conditions, I acknowledged that I will be opted in Launch Academy’s communication channels. 

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