Launch Pad LLC Terms and Conditions of Use
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE
(collectively with any amendments hereto, "TERMS AND CONDITIONS"). BY USING
THIS WEBSITE YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND
CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE
AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN
ORDER FOR LAUNCH PAD LLC'S PRODUCTS AND SERVICES.
IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE AND/OR
PURCHASE AND USE LAUNCH PAD LLC'S PRODUCTS OR SERVICES ONLY
WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT
USE THE SITE OR ORDER OR USE LAUNCH PAD LLC'S PRODUCTS OR
SERVICES.
We may update or amend these Terms and Conditions from time to time to comply
with law or to meet our changing business requirements without notice to you. Any
updates or amendments will be posted on the Site(s). The Terms and Conditions
displayed on the Site(s) at the time the order is accepted will apply to the order.
Welcome to the Web site(s) of LAUNCH PAD LLC'S (including
www.savelikeadragon.com). These Terms and Conditions govern and apply to your
("you" or "your") access to and use of the Site(s) and their related domains on which
these Terms and Conditions appear, any order you place through any of the Site(s),
an-as applicable-your use of other products or services of Launch Pad LLC. You
must read these Terms and Conditions carefully before placing an order or using the
Site(s). By using the Site(s), and/or placing an order through the Site(s), you confirm
that you have read, understood, and agree to these Terms and Conditions in their
entirety. If you do not agree to these Terms and Conditions in their entirety, you must
not order any product or service through or otherwise use the Site(s). The Terms and
Conditions may be changed in the future without further notice. Your continued use of
the Site(s) and/or other products or services of Launch Pad LLC after any such
changes constitutes your acceptance of the new Terms and Conditions. These Terms
and Conditions apply to your access to and use of the Site(s), any order you place
through any of the Site(s), and to all products and services we supply, produce,
distribute, or market. To the extent of any express inconsistency with any other
agreement you may have with Launch Pad LLC for products, services, or otherwise,
that other agreement shall prevail unless otherwise explicitly stated therein. If these
Terms and Conditions refer or relate to a clause that is not part of that other
agreement, then these terms shall apply therein as well, if you are a user of the
Site(s). If you register for our digital site, Launch Pad LLCpower.com, additional rules,
policies, and disclaimers may apply.
User Conduct
You must only use the Site(s) for lawful purposes, and you must not use them in a way
that infringes the rights of anyone else or that restricts or inhibits anyone else's
enjoyment of the Site(s). You may not without our prior written consent:
- copy, reproduce, use, or otherwise deal with any content on the Site(s);
modify, distribute, or repost any content on the Site(s) for any purpose; or
use the content of the Site(s) for any commercial exploitation whatsoever.
In using the Site(s), you further agree:
- not to disrupt or interfere with the security of, or otherwise abuse, the Site(s), or
any services, system resources, accounts, servers, or networks connected to or
accessible through the Site(s) or affiliated or linked site(s);
- not to disrupt or interfere with any other user's enjoyment of the Site(s) or
affiliated or linked Web site(s);
- not to upload, post, or otherwise transmit through or on the Site(s) any viruses
or other harmful, disruptive, or destructive files;
- not to use, frame, or utilize framing techniques to enclose any Launch Pad LLC
trademark, logo, or other proprietary information (including the images found at
the Site(s), the content of any text, or the layout/design of any page or form
contained on a page) without Launch Pad LLC express written consent;
- not to use meta tags or any other "hidden text" utilizing a Launch Pad LLC
name, trademark, or product name without Launch Pad LLC/s express written
consent;
- not to deeplink to this Site(s) without Launch Pad LLC's express written consent;
- not to create or use a false identity on the Site(s), share your account
information, or allow any person besides yourself to use your account to access
the Site(s);
- not to collect or store personal data about others;
- not to attempt to obtain unauthorized access to the Site(s) or portions of the
Site(s) that are restricted from general access;
- not to post any material that is knowingly false and/or defamatory, inaccurate,
abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented,
threatening, invasive of a person's privacy, or otherwise violative of any law. You
also agree not to post any copyrighted material unless the copyright is owned by
you or by Launch Pad LLC; and
- to be bound by the Product Submission Policies of Launch Pad LLC, including
that any product submission you may make to Launch Pad LLC will not be held
in confidence by Launch Pad LLC, and is not proprietary, that Launch Pad LLC
may use the product submission and any aspect thereof for any purposes in
Launch Pad LLC's sole discretion, and that Launch Pad LLC owes no duties or
obligations with respect to you or the product submission made.
In addition, you agree that you will comply with all applicable local, national, and
international laws and regulations that relate to your use of or activities on the Site(s).
We will not be responsible, or liable to any third party, for the content or accuracy of
any materials posted by you or any other user of the Site(s). We have the right to
remove any material or posting you make on the Site(s) if, in our opinion, such
material does not comply with the content standards set out in these Terms and
Conditions.
Privacy Policy
Users of the Site(s) and/or other products or services of Launch Pad LLC should refer
to Launch Pad LLC's Privacy Policy for information about how Launch Pad LLC uses
and collects information, which may be accessed by clicking on the appropriate link on
the particular Site that you visited. You agree that Launch Pad LLC may disclose your
personal information to a third party if Launch Pad LLC believes in good faith that the
law or legal process requires it, to protect the rights or property of Launch Pad LLC or
others, or as otherwise described in the Privacy Policy.
Content Uploaded to the Site(s)
In the event that you upload any photographs, comments, video clips, or other media
to the Site(s) (the "Uploaded Content"), Launch Pad LLC has the exclusive right to use
any and all such elements of the Uploaded Content in connection with and/or as part
of its business, including in connection with and/or in any advertising in any and all
media, including, without limitation, product packaging, printed publications,
presentations, promotional materials, events and associated marketing materials,
television and cinema commercials, videos, or Web site(s), in perpetuity throughout
the world as Launch Pad LLC in its sole discretion sees fit without further consent or
payment. Launch Pad LLC has all right, title, and interest in any and all results and
proceeds from such use of the Uploaded Content. Launch Pad LLC has the right to
transfer the aforementioned rights to use the Uploaded Content to any third party,
including, but not limited to, any of its subsidiaries or affiliated companies. Launch Pad
LLC may alter, adapt, or edit the Uploaded Content and any further material created
under these Terms and Conditions, and market and exploit it entirely at Launch Pad
LLC's sole discretion. Launch Pad LLC is not obliged to make any use of the Uploaded
Content or exercise any of the rights granted by these Terms and Conditions.
Users of the Site(s) must only post uploaded content that is owned by, and features,
themselves, and no other third parties.
Changes to the Site(s)
Launch Pad LLC may, in its sole discretion, terminate, change, modify, suspend, make
improvements to, or discontinue any aspect of the Site(s) or any products available
through or outside of the Site(s), temporarily or permanently, including the availability
of any features of the Site(s) or access to any parts of the Site(s), at any time without
notice to you, and you agree that Launch Pad LLC shall not be liable therefor.
Linked Site(s)
Launch Pad LLC makes no claim or representation regarding, and accepts no
responsibility for, the quality, content, nature, or reliability of site(s) accessible by
hyperlink from the Site(s), or site(s) linking to these Site(s). The linked site(s) are not
under the control of Launch Pad LLC, and Launch Pad LLC is not responsible for the
content of any linked site or any link contained in a linked site, or any review, changes,
or updates to such site(s). The inclusion of any link does not imply affiliation,
endorsement, or adoption by Launch Pad LLC of the site or any information contained
therein. When leaving the Site(s), you should be aware that Launch Pad LLC's Terms
and Conditions and policies no longer govern, and therefore you should review the
applicable terms and policies, including privacy and data-gathering practices, of that
site.
Copyright and Trademarks
All the Site(s)' materials, including, without limitation, all Launch Pad LLC product
logos, design, text, graphics, software, other files, and the selection and arrangement
thereof (the "Content") are Copyright © Launch Pad LLC. ALL RIGHTS RESERVED.
Unless expressly stated otherwise, Launch Pad LLC or its suppliers or licensors own
and retain other proprietary rights in all products available through the Site(s). Except
as stated herein, none of the Content may be copied, modified, reproduced,
distributed, republished, downloaded, performed, displayed, posted, transmitted, sold,
or made into derivative works in any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording, or otherwise, without the prior
written permission of Launch Pad LLC or the respective copyright owner. You may not,
without the express written permission of Launch Pad LLC or the respective copyright
owner, (a) copy, publish, or post any materials on any computer network or broadcast
or publications media; (b) modify the materials; or (c) remove or alter any copyright or
other proprietary notices contained in the materials. You also may not (a) sell, resell, or
make commercial use of the Site(s), its content, or services or products obtained
through the Site(s); (b) collect and use of any product listings or descriptions; (c) make
derivative uses of the Site(s) or its Content; or (d) use of any data mining, robots, or
similar data gathering and extraction methods. You are not conveyed any right or
license by implication, estoppel, or otherwise in or under any patent, trademark,
copyright, or other proprietary right of Launch Pad LLC or any third party.
Trademarks: Launch Pad LLC is a registered trademark of Launch Pad LLC.
Copyright Policy and Copyright Agent
It is Launch Pad LLC's policy to respect the copyright and intellectual property rights of
others. Launch Pad LLC may remove content that appears to infringe the copyright or
other intellectual property rights of others. In addition, Launch Pad LLC may terminate
access by users who appear to infringe the copyright or other intellectual property
rights of others. Further, Launch Pad LLC complies with the Digital Millennium
Copyright Act.
If you believe that Launch Pad LLC or any user of our Site(s) has infringed your
copyright in any material way, please notify Launch Pad LLC, and provide the
following:
- an identification of the intellectual property right claimed to have been infringed;
- an identification of the material that you claim is infringing so that we may locate
it on the Site(s);
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not
authorized by the owner, their licensee, and agent of either of the foregoing, or
the law; and
- a statement by you that the above information in your notice is accurate, made
under penalty of perjury, and
- that you are authorized to act on behalf of the owner of the intellectual property
interest involved.
Please direct inquiries regarding intellectual property infringement issues by email to:
[email protected], or by mail to:
Launch Pad LLC
5460 S Quebec Street, Suite 150
Greenwood Village CO 80111
Attn: Legal Department
Indemnification
You agree to indemnify and hold harmless Launch Pad LLC, its parents, subsidiaries,
shareholders, officers, directors, employees, agents, and suppliers from any claim,
action, demand, loss, or damages (including attorneys' fees) made or incurred by any
third party arising out of or relating to your use of the Site, your violation of these
Terms and Conditions, or your violation of any rights of a third party.
Product Information
For questions about the products or services on this Site, please use the Customer
Service email links found on each product page or section. For questions about orders
placed through the Site(s) or otherwise, please contact the customer service number
shown on this site.
Our Guarantee
All of our products carry a specific money back guarantee, return or exchange policy
starting from the date that the product is delivered to you. Please review the
information provided with your product for specific details.
To return or exchange a product, please call our Customer Service at 1-877-444-3776
Monday-Friday between 8:00 AM and 8:00 PM Eastern time and Saturday 9:00 AM to
6:00 PM Eastern time. for a Return Authorization Number and return the product within
the required time period specific to your product. Products that come with a moneyback
guarantee will receive a refund of the purchase price, less any applicable
shipping and handling. We will not be responsible for any loss or damage to returned
products that occur in transit. If returned products are lost or damaged in transit, we
reserve the right to charge you for, or not refund any amounts attributable to, such
products or loss or damage.
Product and Service Descriptions
We have taken reasonable precautions to try to ensure that prices quoted on the
Site(s) are correct and that all products have been fairly described. However, when
ordering products or services through the Site(s), please note that:
- orders will only be accepted if there are no material errors in the description of
the goods or services or their prices as advertised on the Site(s), including, but
not limited to, the event that a product is listed at an incorrect price due to
typographical or other error;
- all prices are displayed in United States Dollars unless expressly indicated
otherwise;
- packaging may vary from that shown on the Site(s);
- any weights, dimensions, and capacities shown on the Site(s) are approximate
only; and
- all items are subject to availability and we will inform you as soon as possible if
the product(s) or service(s) you have ordered are not available and we may offer
alternative product(s) or service(s) of equal or higher quality and value.
Order and Payment Information
If you use the Site(s) or other means to purchase a product, payment must be
received by Launch Pad LLC prior to Launch Pad LLC's acceptance of an order,
unless otherwise agreed by Launch Pad LLC. All Launch Pad LLC products are
subject to sales tax which will be applied to your order total. Launch Pad LLC may
need to verify information you provide before Launch Pad LLC accepts an order, and
may cancel or limit an order any time after it has been placed. If payment has already
been made and your order is cancelled or limited, Launch Pad LLC will refund any
payment you made for the product that will not be shipped due to cancellation or
limitation of an order in the same tender as the original purchase. Launch Pad LLC
expressly conditions its acceptance of your order on your agreement to these Terms
and Conditions.
In ordering products through the Site(s) or otherwise, you agree to provide only true,
accurate, current, and complete information. You hereby certify that any email account
you provide to Launch Pad LLC is registered to you. Launch Pad LLC shall have the
right to bar your access to and use of the Site(s) or its other products or services if it
has reasonable grounds to believe that you have provided untrue, inaccurate, not
current, or incomplete information to Launch Pad LLC, or for any other reason it, in its
sole discretion, deems appropriate. You agree that if you are ordering or purchasing
products on behalf of a company, that you have sufficient authority to bind that
company to the Terms and Conditions. You agree that your placement of an electronic
order on the Site(s) is sufficient to satisfy any applicable Statute of Frauds, and no
further writing is required.
Launch Pad LLC may reject orders where the stated delivery address is outside the
United States and Canada. If stated, Launch Pad LLC will add applicable shipping and
handling fees.
Launch Pad LLC reserves the right without prior notice to discontinue or change
specifications and prices on products offered on and outside of the Site(s) without
incurring any obligation to you.
Launch Pad LLC's descriptions of, or references to, products not owned by Launch
Pad LLC on and outside of the Site(s) do not imply endorsement of that product, or
constitute a warranty, by Launch Pad LLC.
International Orders
Launch Pad LLC does not directly sell certain Launch Pad LLC products in any
jurisdiction other than the United States of America as these products may not be
approved for sale in other jurisdictions. While Launch Pad LLC may choose to accept
orders for the purchase of its products from non- residents of the U.S., the acceptance
of such orders and the sale of such products will only be based on the following
conditions precedent:
- you agree that the purchase of any Launch Pad LLC products by you, as a nonresident
of the U.S., shall be (a) ex works Launch Pad LLC's facilities in the U.S.
per Incoterms 2010, with all title risk and loss in the products passing to you in
the U.S. and (b) for your own personal use only and not for further resale or
distribution in any manner;
- you hereby expressly authorize and direct Launch Pad LLC to load and ship the
purchased products to you to your designated ship to destination, and to
contract on your behalf with a common carrier or courier company for that
purpose;
- you are the principal importer of record and will undertake responsibility for all
applicable taxes, shipping, customs clearance, duties and import requirements
from Launch Pad LLC's facilities in the U.S. to your foreign ship to destination;
and
- the United Nations Convention on the International Sale of Goods shall not
apply to any purchase or sale, and Launch Pad LLC expressly opts out of such
application.
Shipping
Unless otherwise noted, Launch Pad LLC will use commercially reasonable efforts to
ship products within a reasonable time after receipt of your properly completed order.
Although Launch Pad LLC may provide delivery or shipment timeframes or dates, you
understand that those are Launch Pad LLC good-faith estimates and may be subject
to change. You further understand that product availability may be limited and
particular products may not be available for immediate delivery, in which case the
products will be delivered when they become available. Launch Pad LLC shall not be
liable for any loss, damage, cost, or expense related to any delay in shipment or
delivery.
The delivery time for shipments to P.O. Boxes within the United States or for
shipments outside the United States, including to U.S. territories, Alaska and Hawaii,
may take up to 7-21 days.
Automatic Renewal
With regards to any product made available to you on an auto-renew or monthly (or
other period) subscription as sold through the Site(s) or otherwise (including any free
trial product) (the "Product"), the default term of our agreement shall be for so long as
we make the Product available to you. IF YOU HAVE PROVIDED US WITH A VALID
CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, YOUR
SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED (AND CHARGED TO THE
ACCOUNT YOU HAVE PROVIDED) FOR ANOTHER TERM AT THE EXPIRATION OF
YOUR CURRENT TERM, WHENEVER LOCAL REGULATIONS ALLOW, FOR A FEE
NO GREATER THAN OUR THEN-CURRENT PRICE, EXCLUDING PROMOTIONAL
AND DISCOUNT PRICING.
The new term will be for the same duration as the expired term unless otherwise
specified at time of renewal. This renewal will be processed (and your card charged)
within 30 days prior to the expiration of the term and each period thereafter. IF YOU
DO NOT DESIRE TO HAVE YOUR SUBSCRIPTION AUTOMATICALLY RENEWED,
YOU MUST, PRIOR TO THE EXPIRATION OF YOUR SUBSCRIPTION TERM,
INFORM US OF YOUR INTENTION NOT TO RENEW YOUR SUBSCRIPTION TO
THE PRODUCT BY CALLING OUR CUSTOMER SERVICE.
You must provide current, complete, and accurate information for your billing account.
You are responsible for ensuring this information is correct and must promptly update
all information to keep your billing account current, complete, and accurate (such as a
change in billing address, credit card number, or credit card expiration date). You must
promptly notify us if your credit card is cancelled (for example, for loss or theft).
Changes to such information can be made by contacting Customer Service.
We reserve the right to refuse or discontinue the supply of the Product to any user at
any time at our sole discretion.
Warranties
CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS FOR SALE
ON OR OUTSIDE THE SITE(S) MAY BE APPLICABLE THROUGH
MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH LAUNCH PAD LLC.
SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE
PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY
MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH OR OUTSIDE THE
SITE(S).
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE(S) AND OTHER PRODUCTS
AND SERVICES OF LAUNCH PAD LLC IS AT YOUR SOLE RISK. YOU
UNDERSTAND AND AGREE THAT THE SITE(S) AND THE INFORMATION,
SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND
OTHERWISE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.
YOU ACKNOWLEDGE THAT LAUNCH PAD LLC DOES NOT CONTROL IN ANY
RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR
CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THE SITE(S),
INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED
BY LICENSE TO LAUNCH PAD LLC FROM THIRD PARTIES. EXCEPT AS
OTHERWISE AGREED IN WRITING, LAUNCH PAD LLC AND ITS AFFILIATES
ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR
REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS,
RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING
PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD
PARTIES THROUGH OR OUTSIDE OF THE SITE(S). NOR DOES LAUNCH PAD
LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THE SITE(S), ANY PRODUCTS OR SERVICES OFFERED OR
SOLD THROUGH THE SITE(S), OR ITS CONTENT.
ALTHOUGH LAUNCH PAD LLC STRIVES TO PREVENT THE INTRODUCTION OF
VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE(S), LAUNCH PAD
LLC DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS
THAT THE SITE(S) IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION,
LAUNCH PAD LLC DOES NOT WARRANT THAT ACCESS TO THE SITE(S) WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF
ANY, WILL BE CORRECTED.
LAUNCH PAD LLC DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT
CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE(S)
WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, LAUNCH PAD LLC
DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPLICITLY STATED
HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The terms of this section survive any termination of the Terms and Conditions.
Limitations on Liability
WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND
TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR
OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL
LAUNCH PAD LLC OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS,
OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY,
INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY
ARISING IN CONNECTION WITH: (I) THE SITE(S); (II) THE USE OR INABILITY TO
USE THE SITE(S); (III) THE USE OF OR RELIANCE ON ANY CONTENT OR
INFORMATION DISPLAYED IN OR ON THE SITE(S); (IV) THE PURCHASE OR USE
OF ANY PRODUCTS THROUGH THE SITE(S) OR OTHERWISE; (V)
UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR
TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR
RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM
OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII)
OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER
OR NOT REASONABLY FORESEEABLE, EVEN IF LAUNCH PAD LLC OR ITS
REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
LAUNCH PAD LLC'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 120
DAYS TO LAUNCH PAD LLC FOR ANY PRODUCTS SUPPLIED BY LAUNCH PAD
LLC THROUGH YOUR USE OF THE SITE(S) OR OTHERWISE.
LAUNCH PAD LLC WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO
PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH
FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN
CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT
LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD,
OR WAR.
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY
PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL,
VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL
BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND
ENFORCEABILITY OF THE REMAINING PROVISIONS.
The terms of this section survive any termination of the Terms and Conditions.
International Users
The Site(s) are controlled, operated, and administered by Launch Pad LLC from its
offices within the United States of America. Launch Pad LLC makes no representation
that materials on the Site(s) are appropriate or available for use at other locations
outside of the United States, and access to them from territories where the contents or
products available through the Site(s) are illegal is prohibited. You may not use the
Site(s) or export the content or products in violation of U.S. export laws and
regulations. If you access the Site(s) from a location outside of the United States, you
are responsible for compliance with all local laws.
Termination
Notwithstanding any of these Terms and Conditions, Launch Pad LLC reserves the
right, without notice and in its sole discretion, for any reason or no reason, to terminate
your ability to use the Site(s) and to block or prevent future access to and use of the
Site(s). You agree that Launch Pad LLC shall not be liable for any termination of your
use of or access to the Site(s).
Third-party rights
Only you and Launch Pad LLC shall be entitled to enforce these Terms and
Conditions. No third party shall be entitled to enforce any of these Terms and
Conditions.
Severability
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for
any reason unenforceable by a court of competent jurisdiction, then that provision
shall be deemed severable from these Terms and Conditions and shall not affect the
validity and enforceability of any remaining provisions.
The terms of this section survive any termination of the Terms and Conditions.
Language
It is the express intent of the parties that the Terms and Conditions and all related
documents have been drawn up in English.
Applicable Law and Venue
These Terms and Conditions shall be governed by and construed in accordance with
the laws of the State of Colorado, without resort to its conflict of law provisions. You
agree that any action at law or in equity arising out of or relating to the Terms and
Conditions or your use of the Site(s) shall be filed only in the Superior Court of Denver
County, Colorado, or the United States District Court for the Central District of
Colorado, and except as stated herein you hereby irrevocably and unconditionally
consent and submit to the exclusive jurisdiction of such courts over any suit, action, or
proceeding arising out of the Terms and Conditions. Notwithstanding the above, any
controversy or claim related to this Agreement shall be resolved exclusively by
arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the
"Act"). The Act will apply even though this Agreement provides that it is governed by
the laws of Colorado. The arbitration shall be administered by JAMS and conducted in
Denver, Colorado. All Claims shall be determined by one arbitrator; however, if Claims
exceed Five Million Dollars, upon the request of either Launch Pad LLC or You, the
Claims shall be decided by three arbitrators. All arbitration hearings shall commence
within ninety (90) days of the demand for arbitration and close within ninety (90) days
of commencement and the award of the arbitrator(s) shall be issued within thirty (30)
days of the close of the hearing. However, the arbitrator(s), upon a showing of good
cause, may extend the commencement of the hearing for up to an additional sixty (60)
days. The arbitrator(s) shall provide a concise written statement of reasons for the
award. The arbitration award may be submitted to any court having jurisdiction to be
confirmed and enforced. The arbitrator(s) will have the authority to decide whether any
Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that
basis. For purposes of the application of the statute of limitations, the service on JAMS
under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a
lawsuit. Any dispute concerning this arbitration provision or whether a Claim is
arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the
power to award legal fees pursuant to the terms of this Agreement. This paragraph
does not limit the right of Braintecs to: (i) exercise self-help remedies, such as, but not
limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or
personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act
in a court of law to obtain an interim remedy, such as, but not limited to, injunctive
relief, writ of possession or appointment of a receiver, or additional or supplementary
remedies. The prevailing party in any action or arbitration related to these Terms and
Conditions shall be entitled to its reasonable attorney fees and costs.
The terms of this section survive any termination of the Terms and Conditions.
General
The Terms and Conditions constitute the entire agreement between Launch Pad LLC
and you with respect to your use of the Site(s), your purchase of products and
services through the Site(s), and as applicable any products or services of Launch
Pad LLC. Any cause of action you may have with respect to the Site(s) or Launch Pad
LLC products or services must be commenced within one (1) year after the claim or
cause of action arises, notwithstanding any statutes of limitation to the contrary. Any
failure by Launch Pad LLC to enforce or exercise any provision of the Terms and
Conditions or related right shall not constitute a waiver of that right or provision. The
section titles used in the Terms and Conditions are purely for convenience and carry
with them no legal or contractual effect. Nothing in these Terms and Conditions will be
construed as creating a joint venture, partnership, employment, or agency relationship
between you and Launch Pad LLC, and you do not have any authority to create any
obligation or make any representation on Launch Pad LLC's behalf. You may not
assign or transfer any rights or obligations of these Terms and Conditions, by
operation of law or otherwise, without Launch Pad LLC's written consent. Subject to
the foregoing, these Terms and Conditions will be binding on, inure to the benefit of,
and be enforceable against you and Launch Pad LLC and their respective successors
and assigns.
The terms of this section survive any termination of the Terms and Conditions.
Other important terms
These Terms and Conditions supersede any other terms and conditions previously
published by us and any other representations or statements made by us to you,
whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our
rights or obligations under these Terms and Conditions to any third party at our
discretion. No delay by us in exercising any right or remedy under these Terms and
Conditions shall operate as waiver of that right or remedy or shall affect our ability to
subsequently exercise that right or remedy. Any waiver must be agreed by us in
writing.
Updated: December 14, 2015.
Dragon Bank teaches kids how to Save, Spend, and Give to Charity
Dragon Bank is the only bank that comes with a free app designed just for kids!
Dragon Bank teaches kid fun, valuable lessons about how to manage their own money.
"I Saved $100 with my Dragon Bank!"
"I bought this bike with my own money."
"I gave $25 of my own money to the animal shelter"
"I saved $82.43 and used some of it to buy my sister a stuffed animal for her birthday."
"I saved $193.99. That is so much money!!!"
"I saved $127 and am going to get a dirt bike"
"I saved $206.18 and am going to keep saving for something I really want later."
App available for both iOS and Android
Order Now
Order By Phone: 800-892-9228
