Effective September 28, 2017
By agreeing to these Terms, you are also agreeing to WePay’s terms of service: https://go.wepay.com/terms-of-service-us
In these Terms, we use “Creator” to refer to those raising funds or marketing a product, and their crowdfunding or marketing campaigns as “Campaigns”. We refer to those contributing funds “Pledges” as “Backers” and all those who use FitForLaunch’s website or services as “Users”.
If you are a Creator, you must agree to our Creator Agreement (www.FitForLaunch.com/terms/creators_agreement) which contains additional terms and conditions specific to Creators. When Creators access or use the Service to create a Campaign, they signify their agreement to this Creator Agreement.
Rules for User Conduct & Use of the Service
You need to be at least 18 years old to register for and use the Service. Creators need to be residents of the United States of America or its territories.
Users will create a personalized account with a username and password when signing up for the Service. You agree to notify us immediately of any unauthorized use of your password and/or account. FitForLaunch will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Restrictions of Use
To use the Service, you agree that you will not under any circumstances:
post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
use the service for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user’s account without permission;
provide false or inaccurate information when registering an account;
interfere or attempt to interfere with the proper functioning of the Service;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
By using our Service or creating a personalized account, you may be able to contribute content to our webpages including but not limited to posts and comments (“User Content”). Users are solely responsible for the User Content that they post, upload, link to or otherwise make available via the Service. FitForLaunch only acts as a passive conduit for distribution and publication of your User Content, however we reserve the right to remove any User Content from the Service at our discretion.
By transmitting and submitting any User Content while using the Service, you agree:
You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
You will not post information that is malicious, false or inaccurate;
You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. FitForLaunch is not responsible for any public display or misuse of your User Content. FitForLaunch does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
Online Content Disclaimer
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by FitForLaunch, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. FitForLaunch does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does FitForLaunch adopt nor endorse, nor is FitForLaunch responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than FitForLaunch. FitForLaunch takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. Under no circumstances will FitForLaunch be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to Users.
Though FitForLaunch strives to enforce these Terms, you may be exposed to User Content that is inaccurate or objectionable. FitForLaunch reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a Users access to the Service or take other appropriate action if a User violates these Terms or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. FitForLaunch shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of any misuse of our Service, please contact us at [email protected].
Third Party Sites
As part of the Service, FitForLaunch may provide you with links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (“Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. FitForLaunch has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by FitForLaunch, and FitForLaunch is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by FitForLaunch. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
Copyright Complaints and Copyright Agent
(a) Termination of Repeat Infringer Accounts.
FitForLaunch respects the intellectual property rights of others and requests that Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, FitForLaunch has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users of the Service who infringe on copyright protections enforced by this policy. FitForLaunch may terminate access for Users who are repeatedly found to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices.
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”). For such complaint to be valid, you must send the following information in writing:
The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to FitForLaunch’s designated copyright agent by mail to the following address: 11850 W. Market Pl., Ste. N, Fulton, MD 20755.
If your User Content has been removed from the site and you believe that your User Content does not infringe on any copyrights, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information in writing:
Your physical or electronic signature;
A description of the content that has been removed and the location the content appeared before it was removed;
A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Maryland and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
The above information must be submitted to FitForLaunch’s designated copyright agent by mail to the following address: 11850 W. Market Pl., Ste. N, Fulton, MD 20755.
If a counter-notice is received by FitForLaunch copyright agent, FitForLaunch may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in FitForLaunch’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
Use of Email to Provide Notice
Communications made through the Service’s e-mail and messaging system, will NOT constitute legal notice to FitForLaunch or any of its officers, employees, agents or representatives in any situation where notice to FitForLaunch is required by contract or any law or regulation.
Consent to Receive Communication Electronically
For contractual purposes, you (a) consent to receive communications from FitForLaunch in an electronic form via the email address you have submitted; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that FitForLaunch provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages including information about FitForLaunch and special offers. You may opt out of such email by changing your account settings or sending an email to [email protected] by mail to: Customer Support, 11850 W. Market Pl., Ste. N, Fulton, MD 20755.
Opting out may prevent you from receiving messages regarding FitForLaunch or special offers.
By posting any User Content via the Service, you expressly grant, represent and warrant that you have a right to grant FitForLaunch a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
Each User agrees to defend, indemnify, and hold harmless FitForLaunch and its affiliates, directors, officers, employees, agents, licensors and partners from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, expenses (including attorney’s fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms, or violation of any laws (Unless specifically covered by our Terms or provided for by law).
Transactions and Fees
FitForLaunch is not responsible for any transactions made with Creator’s outside of this platform. FitForLaunch does not guarantee lowest pricing availability of products offered on this platform.
Card not present transactions may not apply unless they happen more than once. In this event your card issuer may need to contact you to obtain a police report to verify formally (by affidavit) that your card was in fact stolen, as is standard in the credit card claims industry.
Applicable taxes, including but not limited to Value-Added Tax may be applied to your order before checkout.
Backers agree that the amounts pledged to the Creator are construed as donations. As such, they are non refundable and cannot be reversed through a chargeback process.
Backers have seven days to cancel their pledge for a full refund.
FFL is made possible by the cooperation of our users and several parties involved in underwriting the process of studying risk. The companies, banks, merchant processors, and other partners are relying on the fact that backers will not file a chargeback in the event of a company failing to deliver because Fitforlaunch has our backers back. To that end Fitforlaunch needs the appropriate time to investigate the creators to verify there is a failure or fraud attempt, if not assist the creator in delivering the units which could take several months, or to pay back backers. In the event of a payback, these payments will be made in good faith according to the schedule found in our terms, typically expected to be 12 months, no sooner than 6 months after a designated failure date and no later than 18 months.
In the event of a project failure we will refund cash or store credit, or provide a similar product to the one ordered. In the event of a fraudulent project we will subrogate on your behalf. In this case, all backers will be legally required to not contact the company directly. If they break this agreement and contact the company directly they will forfeit any rights they have in the case, as they interfered with the legal process.
As a user you are agreeing to give us the time to process your refund or guarantee your delivery at our discretion in time. Thus filing a chargeback goes against the entire concept of FFL and could damage the ecosystem of FFL. By filing a chargeback you may also be able to receive two refunds, one from the card issuing bank and one from ffl by check. This will be considered as an attempt to defraud the platform. Your account would be terminated and an internet crime report may be filed. If the amount is greater than $500 it may be considered theft of an escalated kind. The above are given consideration for where laws allows; your state, country and other local laws may provide for exceptions to this or additional consumer protections.
See more details about our warranty here: https://fitforlaunch.com/warranty-terms
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, IN NO EVENT SHALL FITFORLAUNCH, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE IN GENERAL OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTION WITH FITFORLAUNCH OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FITFORLAUNCH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Waiver and Release
If you have a dispute with one or more Users or creators using our service, you release us (and our affiliates, officers, directors, employees, agents, licensors or partners) from claims, demands and damages (actual and consequential) of any kind or nature, known or unknown, arising out of or in any way connected with such disputes. If you are a California resident, you WAIVE your rights under 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.”
FitForLaunch may assign or delegate our Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms without FitForLaunch’s prior written consent, and any unauthorized assignment and delegation by you is void.
Termination may occur if a User does not follow these Terms. Users may also terminate their personalized account at any time by following the instructions on the Service, however FitForLaunch may retain the User’s information as described in the Terms, in accordance with all laws.
Our rights under this Agreement will survive any termination of this Agreement.
Users who access or use the Service do so of their own free will and are fully responsible for compliance with all applicable laws, including but not limited to tax reporting laws and the charitable fund solicitation laws that many states impose.
Users agree to comply with all laws, restrictions, and regulations relating to the export of products and information, such as the US Export Administration Act. Funds may be frozen and/or turned over to the applicable governmental agency if any projects are deemed to be in violation of any export laws.
These Terms constitute the entire agreement between each User and FirForLaunch, inc. and they supersede any proposal or prior agreement, oral or written, between us relating to the subject matter of this agreement.
If any part of this Agreement is held invalid or unenforceable, it shall not affect the validity of any other part of this agreement. Any failure on the part of FitForLaunch to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.
Modification of Terms
Any waiver of FitForLaunch’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of FitForLaunch. No purported waiver or modification of this Agreement by FitForLaunch via telephonic or email communications shall be valid.
If any disputes should occur that cannot be easily resolved by the two parties, all formal dispute resolution shall take place in the commonwealth of Maryland in the United States and be resolved under Maryland laws.
By using our Service, each User waives their right to participate in any class action suit against FitForLaunch. FitForLaunch has the right to subrogate Users into a class action lawsuit, although the User has the option to opt out.
You agree that any course of action related to or arising out of your relationship with FitForLaunch must commence within ONE year after the cause of action accrues. Otherwise, such course of action is permanently barred.
FitForLaunch, inc. 11850 WestMarket Pl. Suite N Fulton, MD 20759. [email protected]
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Referral Program Facilitated by FitForLaunch
The following definitions apply to the terms and conditions of the Referral Program, as facilitated by FitForLaunch.
Account Holder: person initiating referral purchases through their network
Friend or Referred: the person transacting a new Promega pre-order through the Account Holder
How the Referral Program works:
The Account Holder will receive a unique referral link from FitForLaunch which will be used to distribute to their network. Friends will pre-order the Promega through the referral link which will automatically load the referral discount at check-out on FitForLaunch.
Referral Credit and Discounts
The amounts by which Account Holders will receive as Store Credit and Friends will receive as Discounts are subject to the specific Creator’s Project. See the Project Page for further detailed information on Credit and Discount amounts.
Obtaining Referral Link
Account Holder will log into their FitForLaunch account and navigate to the Referral Program from the Account Menu Dropdown in the upper right corner. After selecting the Project and the Reward, Account Holder will be prompted to agree with the Referral Program Terms and Conditions. Upon acceptance of the the Referral Program Terms and Conditions, FitForLaunch will generate a unique referral link which the Account Holder will use to distribute to their network.
Distributing Referral Link
Account Holder can distribute their unique referral link in good faith to their personal network, including but not limited to: across your personal Social Media accounts (Facebook, Twitter, LinkedIn, YouTube), through their own blog, via personal email or at events. Referral links are not to be posted to discount or coupon sites (ex: RetailMeNot, DealSpotr, Coupon Cabin) or in comments on any published articles, public forums or public video sites. If M3D or FitForLaunch believe referral links to be posted in ‘bad faith’ per the above examples, they reserve the right to refrain from awarding credit and/or discount at their discretion.
Timing and Price Considerations for Credit/Discounts
The referral link is attached to the Account Holder for the specific Project and Reward. Creator will explain on the Project Page if, how and when changes to the Credits and/or Discounts occur due to Reward Price Changes.
Per the standard FitForLaunch terms, the Referred will have up to seven (7) calendar days to cancel their Project order. In such a circumstance, the Referred will receive full payment back from their order and Account Holder will not receive any Referral Credit.
Account Holder's Credit
Friend’s order must be a new customer to the Project. Two referrals required to redeem FitForLaunch credit. Credit will be received 8 days after the Friend’s confirmed transaction. There is no limit to how much credit can be accrued through the Promega Referral Program. If Account Holder thinks more than 10 Friends will transact through such a program, they should contact Creator through the Project Page to discuss a different system for doing so. Account Holder’s credit may be used on the same Project Reward as the Referral Program is for, in addition to any add-ons or upgrades per the Project’s Terms on FitForLaunch. Account Holder’s credit is not eligible towards shipping costs, taxes, or any such service fees.
Discount cannot be stacked with any other discounts or promotions (trade-in, free shipping, etc.). Referral program is exclusive to FitForLaunch. Creator may advertise it on their website, but it is only applicable to FitForLaunch.
Other Program Terms and Conditions
Pricing, Credit and Discount values subject to change without approval or notification. Credits and Discounts are non-transferrable and cannot be redeemed for cash. Creator and FitForLaunch reserve the right to suspend, amend or cancel the Referral Program at any time without notice. Upon cancellation, credits accrued and discounts may become void.
FitForLaunch Trade-In Program Agreement
How does the Program work?
FitForLaunch (FFL) provides a platform where Customers on the platform can receive a Credit towards an eligible Product offered by a Creator on FFL.
Creators will receive from FFL, this listing service (the online service platform), Trade-in form (which may be embedded on 3rd party sites), this binding agreement, a mechanism for providing Customers a Credit towards its Products listed on FFL, a FFL warehouse location for collection of Trade-ins, evaluation of Trade-ins for legitimacy, and a credit-authorization holding period during the evaluation.
Customers will receive from FFL, an online form for instantly valuing their Trade-in, and upon agreement of the terms, a Credit for a Trade-in that can be immediately used towards an eligible Product on the FFL platform.
FFL will determine the value of the trade-in based on its original retail value, and current condition.
Customers will ship their Trade-in item using a trade authorization number within a predefined amount of time.
In exchange for providing these services, FFL will take ownership of the traded merchandise, which then may be evaluated, reconditioned, and sold to a 3rd party.
Who qualifies? Customers may participate anywhere in the world. Creators must be approved to join the program.
What products are eligible? Product eligibility and criteria to determine its value are determined by the application form. The brands and models FFL will accept is up to FFL’s sole discretion, and may change at any time.
How do I apply for the Program? The program is offered through an application form that will be embedded in the project page, in newsletters, in ads, and possibly on the Creator’s website.
The following limitations apply:
All trades are final; once the trade is accepted and your trade-in is shipped, it may not be transferred, modified, returned or canceled. There is a 7 day refund window from the day you submit your trade-in form. This time frame supersedes any terms on the FFL website.
Customers must ship their Trade-in at their own cost, and must ensure their Trade-in does not contain any harmful substances.
All shipments must reference the unique Trade Authorization Number, provided on the submission form.
Credit may only be used on FFL, for the Products offered by the Creator and approved by FFL.
As the Customer, you represent and warrant that you have the legal right to transfer ownership of the item you submit for Trade-in, and that the item is not counterfeit or stolen.
FFL, under its sole discretion, reserves the right to reject any Trade-in under reasonable circumstances; in particular, Trade-ins will be rejected and disposed if the condition of the Trade-in represented on the form is inaccurate, incomplete, or fraudulent.
Unless otherwise specified, customers may receive only one Credit per Trade-in, may only have one Trade-in per Product purchase on FFL, may not use Credit towards shipping or taxes, and Credits may not be stacked with any other discounts.
Credits must be used within 7 days of submitting the trade in form.
Once orders are placed using the Credit, the full value of the Creators Product will be authorized on the Customer’s credit card for up to 30 days. Once the Trade-in is received and evaluated, the hold will be captured at the discounted rate.
Different Creators may value Trade-ins differently. Credits given by one Creator can only be used for Products specified by that Creator.
The Creator Additionally Agrees:
Through this program, Creator is offering one or more of its Products on the FFL platform to Customers at a discounted rate for a validated Trade-in.
The Creator must be accepted into the FFL Trade-in program to offer Customers a Trade-in on FFL.
Creator must work with FFL to confirm the value of the Trade-in based on the original retail value, and current condition.
The Creator agrees that FFL may list prominently on the Trade-in form, a statement that neither the Creator nor FFL are affiliated with any of the brands listed, and all of their trademarks are their own.
By participating in the Program, Creator agrees that FFL may send and advertise promotional materials including the FFL Trade-in Program information and products.
FFL retains all ownership rights to this Trade-in Program, the terms, and the Trade-in form.
Limitation of Liability
Creator and FFL are not liable for any shipment damage, please ensure you ship the Trade-in safely. The Trade-in will be evaluated based on the condition it is received in.
If a Trade-in is received without a completed application and checkout in the program, the Trade-in may be refused by Creator or FFL, who take no responsibility for returning it.
Creator agrees to run the Trade-in program for a predetermined period of time as agreed upon with FFL and may not terminate the agreement during this period.
FFL may revise these Terms at any time and may suspend or terminate the Program at any time without notice to you.