LaunchPad

Book4Time Inc.
State-of-the-art online booking, scheduling and CRM engine used by national and international salon and spa chains. A LaunchPad graduate.

1. ACCEPTANCE OF TERMS

Welcome to the LaunchPad Web site. "LaunchPad" is defined as Shibley Righton LLP carrying on business under the name LaunchPad. By continuing to use the LaunchPad Web site you agree to the following Terms of Service ("TOS"), which we may update or revise from time to time. The most current version of the TOS is posted at: http://www.launchpadlaw.com/terms_of_use.aspx. Some LaunchPad services may from time to time feature posted guidelines or rules applicable to those services, which are hereby incorporated by reference into this TOS.

2. DESCRIPTION OF SERVICE

The LaunchPad Web site currently provides access to online information and services for new business startups (the "Service"). Unless explicitly stated otherwise, the TOS will apply to any new features of or enhancements to the current Service. The Service is provided "AS-IS" and "AS-AVAILABLE" for your use, and LaunchPad is not responsible for the timeliness, deletion, or mis-delivery of any part of the Service.

3. YOUR REGISTRATION OBLIGATIONS

If you register with us, you agree to provide true, accurate, current and complete information about yourself. LaunchPad has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) if you provide any untrue, inaccurate, not current or incomplete information, or if LaunchPad reasonably suspects that you have provided untrue, inaccurate, not current or incomplete information.

4. LAUNCHPAD PRIVACY POLICY

The collection and use of your personal information by LaunchPad is subject to our Privacy Policy, which can be found at: http://www.launchpadlaw.com/privacy_policy.aspx. Our Privacy Policy complies in all respects with all U.S. and Canadian privacy laws, and should be interpreted at all times to ensure that compliance.

5. CONDUCT

You agree not to:

	use or to permit or facilitate others to use the Service by automated electronic processes, "robots," "spiders," "scrapers," "webcrawlers," or other computer programs that monitor, copy, or download data or other content found on or accessed through the Service;
	upload, post, email, transmit or otherwise make available any topic, name, material, or information that is unlawful, harmful, threatening, abusive, harassing, tortious, profane, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
	interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
	collect or store personal data about other users; or
	create a frame, browser or border around any of the content of the Service or link to the Service without our prior express written permission.

6. INDEMNITY

You agree to indemnify and hold LaunchPad, and its subsidiaries, affiliates, officers, agents, co-branders, service providers or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

7. NO RESALE OF SERVICE

Except with our prior expressed written permission, your use of the Service and access to LaunchPad is solely limited to your personal and non-commercial use for viewing the Service, on a single machine using a conventional web browser without the aid of automatic electronic processes, "robots," "spiders," "scrapers," "webcrawlers," or other automatic devices or computer programs or processes that monitor, copy, or download web pages, data or other content. LaunchPad contains robot exclusion headers. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of LaunchPad or any activities conducted on LaunchPad. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on LaunchPad's infrastructure. You agree not to reproduce, duplicate, copy, modify, create derivative works, publicly display, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without our prior expressed written consent.

8. MODIFICATION AND TERMINATION OF SERVICE

LaunchPad reserves the right to modify or terminate the Service (or any part thereof), temporarily or permanently, at any time and from time to time, and with or without notice. LaunchPad reserves the right, in its sole discretion, to terminate your password, account (or any part thereof) or access to or use of the Service, for any reason, including, without limitation, if LaunchPad believes that you have violated or acted inconsistently with the letter or spirit of the TOS, and you agree that LaunchPad may do so without prior notice. You also agree that LaunchPad will not be liable to you or to any third party for any modification or termination of the Service.

9. DEALINGS WITH THIRD PARTIES

If you engage in business dealings with thirty parties found on or through the Service, you and such third parties are solely responsible for compliance with any terms, conditions, warranties, representations, or liabilities associated with such dealings. LaunchPad shall not be responsible or liable for any loss or damage incurred as the result of any such dealings or because LaunchPad allowed such persons to be present on the Service.

10. LINKS

The Service may contain links to other third party Web sites or resources. LaunchPad has no control over such sites and resources, and you acknowledge and agree that LaunchPad bears no responsibility for the availability of such external sites or resources, does not endorse, and bears no responsibility or liability for any content, advertising, products, or other materials on or available from such sites or resources, and LaunchPad also bears no responsibility or liability, 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 such content, goods or services available on or through any such third party Web site or resource.

11. LAUNCHPAD'S PROPRIETARY RIGHTS

You acknowledge and agree that LaunchPad, and/or its suppliers, own the Service (including, without limitation, any general or specialized user interface, and all content on the site) and any software used in connection with the Service ("Software") and that the Service and the Software are protected under applicable intellectual property and other laws. You also acknowledge and agree that content contained in the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Unless LaunchPad provides express authorization, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the whole or any part of the Service, the Software, or content on the Service.

12. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LAUNCHPAD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

B. LAUNCHPAD MAKES NO CLAIM THAT THE SERVICE WILL BE SUITABLE TO YOUR NEEDS, UNINTERRUPTED, TIMELY, OR SECURE. THE SERVICE MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS, OR MAY BE OTHERWISE UNRELIABLE. LAUNCHPAD MAKES NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. LAUNCHPAD MAKES NO CLAIM THAT IT WILL CORRECT ERRORS IN THE SOFTWARE. IN THE EVENT THAT THE SOFTWARE OR THE SERVICE DOES NOT CAPTURE, RETAIN, OR RELIABLY RECORD ANY INFORMATION, LAUNCHPAD WILL HAVE NO LIABILITY WITH RESPECT TO THAT FAILURE.

C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH LAUNCHPAD OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

13. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL EITHER YOU OR LAUNCHPAD, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, SERVICE PROVIDERS, EMPLOYEES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LAUNCHPAD AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE AVAILABILITY OR PERFORMANCE OF THE SERVICE; (ii) THE COST TO OBTAIN SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING ANY STATEMENTS OR CONDUCT THAT MAY BE THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, ILLEGAL, OR INFRINGING; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU AND ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

14. NOTICE

LaunchPad or the Service may provide notices to you via either email or regular mail, and the Service may provide notices of changes to the TOS or other matters by displaying notices or links to notices generally on the Service.

15. TRADEMARK INFORMATION

The LaunchPad trademark and service mark, and other logos and product and service names on the LaunchPad Web site are trademarks of LaunchPad (the "Marks"). Rights in the Marks belong to LaunchPad. Without LaunchPad 's prior permission, you agree not to display, or use in any manner, the Marks.

16. COPYRIGHTS and COPYRIGHT AGENTS

The following information is provided below so that you may notify LaunchPad if you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated. You must provide written notification to LaunchPad's Designated Agent for claims of copyright or other intellectual property infringement, who can be reached as follows:

By mail:

Attn: LaunchPad
Shibley Righton LLP
250 University Avenue, Suite 700
Toronto, Ontario
Canada, M5H 3E5

By email:

launchpad@shibleyrighton.com

Such written notification must include the following to be effective:

	a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest that has been allegedly infringed;
	a description of the copyrighted work or works or intellectual property interest that has been allegedly infringed;
	a description of the location or locations of the allegedly infringing material on the site;
	the contact information of the person authorized to act on behalf of the owner of the copyright or intellectual property interest, including address, telephone number, and email address;
	a statement that the owner of the copyright or intellectual property interest believes in good faith that the use in dispute is not authorized by the copyright or intellectual property owner, its agent, or the law; and
	a statement, made under penalty of perjury, that the notice information is accurate and that the statement is made by the owner of the copyright or intellectual property interest or a person authorized to act on the behalf of the owner of the copyright or intellectual property interest.

17. GENERAL INFORMATION

You expressly understand and agree that:

	the TOS constitutes the entire agreement between you and LaunchPad, superceding any prior agreements between you and LaunchPad, unless you are a LaunchPad Member, in which case you are also subject to the terms and conditions set forth in the Retainer Agreement.
	the TOS and the relationship between you and LaunchPad shall be governed by the laws of the province of Ontario, Canada without regard to its conflict of law provisions. You and LaunchPad agree to submit to the personal and exclusive jurisdiction of the courts of Ontario;
	the failure of LaunchPad to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision;
	in the event a court of competent jurisdiction finds that any provision of the TOS is invalid, the court should to the extent allowed by law give effect to the parties' intentions as reflected in the provision, and all other provisions of the TOS shall remain in full force and effect;
	you will file any claim or cause of action arising out of or related to use of the Service or the TOS within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary, acknowledging that any claim or cause of action filed after one (1) year would be forever barred; and
	the section titles in the TOS are for convenience only and have no legal or contractual effect.

Please report any violations of the TOS to: launchpad@shibleyrighton.com