Read This Terms of Use Agreement
Before Accessing Website.
Effective Date: This Terms of
Use Agreement was last updated on July 12, 2008.
This Terms of Use Agreement sets
forth the standards of use of the idea2launch.com Online Service (the
Service). By using the idea2launch.com website, you (the Member) agree to
these terms and conditions. If you do not agree to the terms and conditions
of this agreement, you should immediately cease all usage of this website.
We reserve the right, at any time, to modify, alter, or update the terms and
conditions of this agreement without prior notice. Modifications shall
become effective immediately upon being posted at the idea2launch.com
website. Your continued use of the Service after amendments are posted
constitutes an acknowledgement and acceptance of the Agreement and its
modifications. Except as provided in this paragraph, this Agreement may not
be amended.
1. Description of Service
idea2launch, a division of
Flexible Financials LLC, is providing Member with access to its website.
Member must provide (1) all equipment necessary for their own Internet
connection, including computer and modem and (2) provide for Member’'s
access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by
idea2launch, a division of Flexible Financials LLC, on an "as is" and on an
"as available" basis. To the fullest extent permitted by applicable law,
idea2launch makes no representations or warranties of any kind, express or
implied, regarding the use or the results of this web site in terms of its
correctness, accuracy, reliability, or otherwise. Idea2launch shall have no
liability for any interruptions in the use of this Website.
Idea2launch disclaims all warranties with regard to the information
provided, including the implied warranties of merchantability and fitness
for a particular purpose, and non-infringement. Some jurisdictions do not
allow the exclusion of implied warranties, therefore the above-referenced
exclusion is inapplicable.
3. Limitation of Liability
NEITHER IDEA2LAUNCH NOR FLEXIBLE
FINANCIALS LLC SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR
IDEA2LAUNCH SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR
INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF
USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED
IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER
STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF IDEA2LAUNCH HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and
hold idea2launch, its parents, subsidiaries, affiliates, members, officers
and employees, harmless from any claim or demand, including reasonable
attorneys’ fees and costs, made by any third party due to or arising out of
Member’s use of the Service, the violation of this Agreement, or
infringement by Member, or other user of the Service using Member’'s
computer, of any intellectual property or any other right of any person or
entity.
5. Modifications and
Interruption to Service
Idea2launch reserves the right
to modify or discontinue the Service with or without notice to the Member.
Idea2launch shall not be liable to Member or any third party should it
exercise its right to modify or discontinue the Service. Member
acknowledges and accepts that idea2launch does not guarantee continuous,
uninterrupted or secure access to our website and operation of our website
may be interfered with or adversely affected by numerous factors or
circumstances outside of our control.
6. Third-Party Sites
Our website may include links to
other sites on the Internet that are owned and operated by online merchants
and other third parties. You acknowledge that we are not responsible for
the availability of, or the content located on or through, any third-party
site. You should contact the site administrator or webmaster for those
third-party sites if you have any concerns regarding such links or the
content located on such sites. Your use of those third-party sites is
subject to the terms of use and privacy policies of each site, and we are
not responsible therein. We encourage all Members to review said privacy
policies of third-parties’ sites.
7. Disclaimer Regarding Accuracy
of Vendor Information
Product specifications and other
information have either been provided by the Vendors or collected from
publicly available sources. While idea2launch makes every effort to ensure
that the information on this website is accurate, we can make no
representations or warranties as to the accuracy or reliability of any
information provided on this website.
idea2launch makes no warranties
or representations whatsoever with regard to any product provided or offered
by any Vendor, and you acknowledge that any reliance on representations and
warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the
Courts
Our website is operated and
provided in the State of Tennessee within the United States of America. As
such, we are subject to the laws of the State of Tennessee, and such laws
will govern this Terms of Use, without giving effect to any choice of law
rules. We make no representation that our website or other services are
appropriate, legal or available for use in other locations. Accordingly, if
you choose to access our site you agree to do so subject to the internal
laws of the State of Tennessee.
9. Compliance with Laws.
Member assumes all knowledge of
applicable law and is responsible for compliance with any such laws. Member
may not use the Service in any way that violates applicable state, federal,
or international laws, regulations or other government requirements. Member
further agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national, or international
law or regulation.
10. Copyright and Trademark
Information
All content included or
available on this site, including site design, text, graphics, interfaces,
and the selection and arrangements thereof is
©2007
idea2launch, a division of Flexible Financials LLC with all rights reserved,
or is the property of idea2launch and/or third parties protected by
intellectual property rights. Any use of materials on the website,
including reproduction for purposes other than those noted above,
modification, distribution, or replication, any form of data extraction or
data mining, or other commercial exploitation of any kind, without prior
written permission of an authorized officer of idea2launch is strictly
prohibited. Members agree that they will not use any robot, spider, or
other automatic device, or manual process to monitor or copy our web pages
or the content contained therein without prior written permission of an
authorized officer of idea2launch.
Idea2launch and
"idea2launch.com™ are proprietary marks of idea2launch, a division of
Flexible Financials LLC. Flexible Financial LLC's trademarks may
not be used in connection with any product or service that is not provided
by idea2launch in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits idea2launch.
All other trademarks displayed
on idea2launch's website are the trademarks of their respective owners, and
constitute neither an endorsement nor a recommendation of those Vendors. In
addition, such use of trademarks or links to the web sites of Vendors is not
intended to imply, directly or indirectly, that those Vendors endorse or
have any affiliation with idea2launch.
11. Notification of Claimed
Copyright Infringement
Pursuant to Section 512(c) of
the Copyright Revision Act, as enacted through the Digital Millennium
Copyright Act, idea2launch, a division of Flexible Financials LLC,
designates the following individual as its agent for receipt of
notifications of claimed copyright infringement.
By Mail Don Grassmann, 8303
James Robertson Court, Brentwood, TN 37027. By Telephone: 615-403-4048.
By Email: Click on E-Mail link on our website.
12. Botnets
idea2launch retains the right,
at our sole discretion, to terminate any accounts involved with botnets and
related activities. If any hostnames are used as command and control points
for botnets, idea2launch reserves the right to direct the involved hostnames
to a honeypot, loopback address, logging facility, or any other destination
at our discretion.
13. Other Terms
If any provision of this Terms
of Use Agreement shall be unlawful, void or unenforceable for any reason,
the other provisions (and any partially-enforceable provision) shall not be
affected thereby and shall remain valid and enforceable to the maximum
possible extent. You agree that this Terms of Use Agreement and any other
agreements referenced herein may be assigned by idea2launch in our sole
discretion, to a third party in the event of a merger or acquisition. This
Terms of Use Agreement shall apply in addition to, and shall not be
superseded by, any other written agreement between us in relation to your
participation as a Member. Member agrees that by accepting this Terms of
Use Agreement, Member is consenting to the use and disclosure of their
personally identifiable information and other practices described in our
Privacy Policy Statement.