IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
Thank you for visiting LaunchGood. LaunchGood is an online fundraising technology platform. These Terms of Use (“Terms”) govern your access to, use of, and participation in the services made available by LaunchGood Inc. (“LaunchGood,” “we,” “our,” or “us”), including our websites, products, tools, promotions, and any other services that reference these Terms (collectively, the “Services”). By accessing or otherwise using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
“Beneficiary” means the individual, family, group, charity or other recipient identified in a Campaign as the party for whose benefit the donations are sought through the Services. The Beneficiary may be the Campaign Organizer itself, or it may be a third party, as identified in the Campaign.
“Campaign” means a cause, goal, or event for which a Campaign Organizer seeks donations through the Services.
“Scheduled Giving” means a program through which a Donor commits a certain amount of donations to one or more Campaigns selected by the Donor or LaunchGood.
“Campaign Organizer” means an individual or organization who creates, launches or manages a Campaign. The Campaign Organizer may be the Beneficiary itself, or it may be a third party, as identified in the Campaign.
“Donor” means an individual or organization who donates to a Campaign or Scheduled Giving.
“Members” means Donors, Campaign Organizers, and other users of the Services.
To use the Services you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent in which case a guardian will be held responsible) and competent to agree to these Terms. If LaunchGood has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.
Please review our Privacy Policy, incorporated herein by reference, for information and notices concerning our collection and use of your information. Certain areas of and/or products on the Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Services and the terms and conditions or policies posted for a specific area or product, the latter take precedence with respect to your use of that area or product.
We may, from time to time, modify these Terms. Please check this page periodically for updates. Any changes will be posted on the Services. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services. The updated Terms will take effect after their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the Arbitration and Class Action Waiver section of these Terms. Your continued use of the Services after any such update constitutes your binding acceptance of such changes.
You may be required to create an account to use the Services. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you.
You are responsible for notifying us at support@launchgood.com if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. LaunchGood will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by LaunchGood or a third party due to someone else using your account.
The Services are owned and operated by LaunchGood and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by LaunchGood and its partners, as well as other sources, and is protected by United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Services are also protected as a collective work or compilation under U.S. copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by LaunchGood and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of LaunchGood and such others. You agree to protect the proprietary rights of LaunchGood and all others having rights in the Services during and after the term of these Terms and to comply with all reasonable written requests made by LaunchGood or its suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You agree to notify LaunchGood immediately upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Services shall, as between you and LaunchGood, at all times be and remain the sole and exclusive property of LaunchGood.
The Services may enable you to submit, post, upload, or otherwise make available (collectively, “Post”) content such as Campaigns, photographs, questions, ideas, comments and other content (collectively, “User Content”) that may or may not be viewable by other users.
When you Post User Content on or through the Services, you grant LaunchGood a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licenseable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, disassemble, and publish such User Content or feedback, in whole or in part, in any format or medium now known or developed in the future, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. Notwithstanding the foregoing, our use of your personal data shall be governed by the LaunchGood Privacy Policy.
You acknowledge and agree that all User Content that you Post is your sole responsibility. You further agree that you have all required rights to Post such User Content without violation of any third-party rights. You understand that LaunchGood does not control, and is not responsible for, User Content, and that by using the Services, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless LaunchGood for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
You acknowledge and agree that LaunchGood and its designees may or may not, at LaunchGood’s discretion, pre-screen User Content LaunchGood its appearance on the Services, but that LaunchGood has no obligation to do so. You further acknowledge and agree that LaunchGood reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Services. Without limiting the foregoing, LaunchGood and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in LaunchGood's sole discretion. You acknowledge and agree that LaunchGood does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services only for your own use, and only in a manner that complies with all legal requirements that apply to you or your use of the Services. LaunchGood may revoke this license at any time, in its sole discretion.
Use of the Services for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not:
Without limiting the foregoing, Campaign Organizers represent and warrant that (1) all information provided in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any Member or other user; (2) all donations contributed to a Campaign Organizer’s Campaign will be used solely as described in the Campaign; and (3) Campaign Organizers will comply with all applicable laws and regulations, including laws and regulations of the jurisdictions from which a Campaign Organizer solicits donations. Campaign Organizers that share personal data with us further represent and warrant that they may share such personal data with us under applicable law without restriction.
LaunchGood provides a fundraising technology platform that allows individuals or organizations to raise money. Even if LaunchGood may be paid to promote a Campaign, we do not endorse any Campaign, donor, individual, or organization. In other words, please make a decision to donate based on your own research and diligence. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user’s use of the Services. While LaunchGood has the right to monitor Campaigns and donations in accordance with these Terms and our Privacy Policy, LaunchGood has no obligation to do so, and we do not make any representations about, confirm, or endorse any Campaigns, Donors, individuals, or organizations. Nor does LaunchGood make any representations about, confirm, or verify that donations will be used in accordance with any fundraising purpose set forth in a Campaign. By using the Services, you understand and agree that LaunchGood is not responsible for the use of your donations or the amount of funds raised for your Campaign.
We may sometimes offer Scheduled Giving, where Donors may commit to donate a certain amount of money over a given period of time to one or more Campaigns selected by the Donor or LaunchGood. Even where LaunchGood selects the Campaigns (for Scheduled Giving or elsewhere through the Services), you understand that LaunchGood makes no representations about, confirms, or endorses any of the Campaigns selected. You further understand that LaunchGood makes no representations about, confirms, or verifies that the donations will be used in accordance with the fundraising purposes set forth in the selected Campaigns.
DONORS ARE SOLELY RESPONSIBLE FOR ASSESSING THE VALUE AND APPROPRIATENESS OF CONTRIBUTING TO ANY CAMPAIGN. WE ENCOURAGE DONORS TO USE THEIR DISCRETION WHEN SUPPORTING CAMPAIGNS.
Though we have no obligation to verify the accuracy of Campaigns and the use of donations, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Campaign Organizer is not raising or using the funds as stated in the Campaign, please alert us of this potential issue by emailing us at support@launchgood.com.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and LaunchGood will have no liability or responsibility with respect thereto. LaunchGood reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services and any third party relating to the use of the Services.
LaunchGood works with various payment providers to ensure we can send you funds in a timely manner. We try as best as we can to screen initial acceptance with our payment providers but in some rare cases campaigns may not meet their risk appetite even after approval. We may have to refund donations in such cases. Although there are no platform fees, industry-standard credit card processing fees apply.
Funds will be sent to the Beneficiary within 90 days after the successful completion of a Campaign barring any unforeseen circumstances such as (1) a possible violation of the Terms or any other law, rule, or regulation, (2) inaccurate information associated with the Campaign or any donations which can delay the transfer of funds, or (3) delay based on Holds as set forth in the Account Suspensions section below.
A minimum of 200 (in the currency your campaign is settled in) is required to be raised before a payout can be issued. For further details please refer to the Payments Policy.
Without limiting any other rights we have, we may refund all donations to a Campaign if we have not received sufficient Campaign account information or accurate information to transfer funds within 90 days after the Campaign closes. Questions about refunds may be directed to us at support@launchgood.com.
Campaign Organizers may be given an opportunity to offer goods, promotions, or services (“Perks and Incentives”) to Donors of their Campaigns. Campaign Organizers are solely responsible for delivering Perks and Incentives promised to Donors. LaunchGood is not obliged to become involved in disputes between Members as to the delivery, description, quality or any other aspect of Perks and Incentives, or between Members and any third party relating to the use of the Services in connection with Perk and Incentives. Failure by Campaign Organizers to provide Perks and Incentives to Donors as specified in the Campaign may result in various actions by LaunchGood including, but not limited to, reimbursement of Donors at the Campaign’s expense, and suspension of accounts and current and future Campaigns by the Campaign Organizer.
Each Campaign Organizer is responsible for determining what, if any, taxes apply to the donations received through the Services. Campaign Organizers are responsible for assessing, collecting, reporting, or remitting the correct tax, if any, to the appropriate tax authority.
LaunchGood makes no representation as to whether all or any portion of your donations, including, if any, transaction fees, are tax deductible or eligible for tax credits. LaunchGood will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any donation by any Donor. You should consult your tax advisor as to the amount of your donation that is tax-deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any donation in any relevant jurisdiction, and particularly if you are awarded Perks and Incentives in connection with your donation.
From time to time, LaunchGood may (1) place a hold on a Campaign account, suspending the ability of a Campaign Organizer to obtain donations made to the Campaign and/or (2) place a hold of transfer of funds already raised (either or collectively a “Hold”). We may place a Hold (and refund all donations made to that particular Campaign to the Member(s) who made such donations, or redirect such donations to a beneficiary with a similar mission or aim as that of the Campaign) if: (i) we have reason to believe (in our sole discretion) that information provided by a Campaign Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) the funds available should be provided directly to a person other than the Campaign Organizer (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Organizer), (iii) we have reason to believe that a Campaign, or Campaign Organizer has violated these Terms, or release of funds to the Beneficiary will violate these Terms, LaunchGood’s internal policies or any applicable laws or regulations, or (iv) required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please contact us at support@launchgood.com.
You acknowledge, consent, and agree that LaunchGood may access, preserve, and disclose your information and/or any User Content you submit or make available for inclusion on the Services, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by LaunchGood’s Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms, our Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (3) to respond to claims that any content violates the rights of third parties; (4) to respond to your requests for customer service; and/or (5) to protect the rights, property, or personal safety of LaunchGood, its agents and affiliates, its users, and the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.
THE SERVICES AND ITS CONTENTS, WHETHER PROVIDED BY LAUNCHGOOD, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, LAUNCHGOOD DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SERVICES IS FREE OF ERRORS; (ii) DEFECTS WILL BE CORRECTED, OR (iii) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL LAUNCHGOOD OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICES, OR ANY LINK PROVIDED ON THE SERVICES, WHETHER OR NOT LAUNCHGOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT YOU DONATED TO THE CAMPAIGN TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A DONATION FOR A CAMPAIGN, $100.
If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to 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." This release includes the criminal acts of others.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above in Section 17. Accordingly, some of the above limitations may not apply to you. If you are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in Section 17 specifically do apply to you.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD LAUNCHGOOD AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THE TERMS OR LAUNCHGOOD PRIVACY POLICY, YOUR VIOLATION OF AN APPLICABLE LAW, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
The Services may provide (1) information and content provided by third parties; and (2) links to third-party websites or resources. LaunchGood is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that LaunchGood shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties (including Campaign Organizers) will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, if you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Services, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
Our copyright agent can be reached as follows:
LaunchGood, Inc.
c/o Green Garage
Christopher Blauvelt
4444 Second Avenue
Detroit, MI 48201
support@launchgood.com
Please note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
LaunchGood reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that LaunchGood shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of the Services at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Services, these Terms will terminate and all rights you have to access the Services will immediately terminate, provided that any donations made prior to the effective date of termination will continue to be processed in accordance with these Terms. All provisions of the Terms which by their nature should survive, shall survive termination of services, including without limitation Sections 1 (Definitions), 3 (Additional Terms and Policies), 6 (Intellectual Property and Other Proprietary Rights), 7 (User Content), 10 (No Endorsement), 11 (User Disputes), 16 (Legal Compliance), 17 (Warranties and Disclaimers), 18 (Exclusions and Limitations), 19 (Indemnification), 22 (Modification and Termination of the Services), 23 (Arbitration and Class Action Waiver), 24 (Controlling Law and Severability), 25 (Feedback), and 26 (General Terms). Termination of your account may also include, at LaunchGood’s sole discretion, the deletion of your account and/or User Content.
You and LaunchGood agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 23 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to Campaigns and donations); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at support@launchgood.com, and provide a brief, written description of the dispute and your contact information (including your Campaign name, if your dispute relates to a Campaign). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with LaunchGood, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in section 23(g) below) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties' relationship with each other, and/or your use of LaunchGood shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 150 West Jefferson, Suite 850, Detroit, Michigan 48226; and (c) Send one copy of the Demand for Arbitration to us at: LaunchGood, 4444 2nd Ave, Detroit MI, 48201.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, LaunchGood will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, LaunchGood will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in Wayne County, Michigan, United States. You and LaunchGood further agree to submit to the personal jurisdiction of any federal or state court in Wayne County, Michigan, in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND LAUNCHGOOD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to at support@launchgood.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of (a) the Effective Date of these Terms; or (b) your first date that you used the Services that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, LaunchGood also will not be bound by them.
LaunchGood will provide thirty (30) days' notice of any changes to this section by posting on the Services. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.
This Arbitration and Class Action Waiver section shall survive any termination of your use of the Services.
These Terms shall be construed in accordance with and governed by the laws of the State of Michigan notwithstanding its conflicts of law principles. Except for claims subject to mandatory arbitration, any dispute arising out of these Terms or the use of this site shall be initiated and conducted in the state or federal courts of Wayne County, Michigan, and you and LaunchGood consent to the exclusive jurisdiction of such courts.
By sending us any feedback, comments, questions, or suggestions concerning LaunchGood or our services, including the Services (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against LaunchGood and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services.
Under no circumstances shall LaunchGood be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of LaunchGood to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
You agree that there shall be no third-party beneficiaries to these Terms. No agency or employment between you and LaunchGood is created as a result of the Terms or your use of the Services.
Except for residents of New Jersey, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and LaunchGood and govern your use of the Services, and supersede any prior agreements between you and LaunchGood on the subject matter. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by LaunchGood without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of LaunchGood. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. The section titles in these Terms are for convenience only and have no legal or contractual effect.
We may deliver notice to you by e-mail, posting a notice on the Services or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address: (1) LaunchGood, 4444 2nd Ave, Detroit MI, 48201; or (2) support@launchgood.com.
Requesting a refund
If you would like to request a refund, you can contact help@launchgood.com.
LaunchGood is able to refund your donation before any of the following occur:
If none of the above have occurred, we will be able to issue you a refund for your donation. When a refund is requested, you will be notified by email when it is completed, and the refunded amount should appear in your bank account within 5-10 business days.
In the event that the campaign has ended and LaunchGood has disbursed funds to the campaign owner, refund requests must be directed to the campaign owner and handled in accordance with their separate refund/return policy.
LaunchGood is not responsible for refunds outside of our Refund Policy and we ask users to directly work with the Campaign Organizer in such cases to resolve the refund request and the method of refund.
If you don't feel comfortable contacting the Campaign Organizer, contact us at help@launchgood.com and let us know, we are here to help.
In the rare case that there is a concern about the legitimacy of a campaign, our compliance and safety team will conduct an investigation on the alerted campaign. If we are able to gather enough evidence that the complaint is valid, we will take the necessary steps to suspend any further donations and refund the Donors. In no event will LaunchGood be obliged to provide records of an investigation to any Member, and such investigative records will be privileged and confidential work-product that will remain private.
Raising suspicions
If you have donated to a campaign and something doesn’t feel right, please contact compliance@launchgood with the campaign link and any relevant information. If after further investigation we determine the funds have been misused, you may be eligible for a refund, subject to the Terms and Conditions listed further below.
We will investigate every claim, however the length of an investigation may vary depending on the complexity and evidence required. Once completed, you will be notified of the outcome of your claim. In no event will LaunchGood be obligated to provide records of an investigation to you, and such investigative records will be privileged and confidential work-product that will remain private.
If you have any questions about these Terms, please contact us by email at support@launchgood.com.
To see our privacy policy, see here.