PURCHASE AGREEMENT FOR LAUNCH Box: Anniversary Edition

Purchase of Launch Box

 

A one-time fee of $15,000.00 to access and download the "Launch Box: Anniversary Edition" (hereinafter known as “Launch Box”).

This will enable the Purchaser to download the materials and resources available in Launch Box (“Service”). 

OWNERSHIP RIGHTS

All rights, title and interest in and to Launch Box, all components thereof and material therein, and any and all copies of the same, are owned exclusively by LGT together with all intellectual property rights in all of the foregoing (including but not limited to copyright, trademarks, database rights, designs and design rights, patents, inventions, know-how, trade secrets, and all other similar rights arising under the laws of any jurisdiction, whether registered or unregistered and including any applications to register the same). As between the parties, LGT owns any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. Except as expressly provided by this Agreement, you do not have and are not granted any right, title or interest in or to the Service.

GRANT OF RIGHTS

The Service is provided on a ‘per user’ basis, where Purchase is for a specific user through a single user name and password.

You are responsible for the security and proper use of all user names and passwords issued to you. You must inform LGT immediately if you have any reason to believe that any password issued to you has become known to someone not authorized to use it. If LGT reasonably believes that there is likely to be a breach of security or misuse of the Service by you, LGT may block the Service and will notify you accordingly.

Unless the Agreement is terminated as provided in this Agreement, and subject to the terms and conditions hereof, LGT grants Customer the non-exclusive and non-transferable right to download the resources and all material available in Launch Box.

You are not permitted to:

  1. Display, copy, store, download, record, reproduce  or print the materials available through the Service and/or any part thereof in any form;
  2. alter the Service, or in any way reverse engineer, disassemble, decompile or create a derivative product from the contents of the Service;
  3. include the Service or any part of it in any other product or Service materials;
  4. lease, rent, hire, lend, distribute or sell the Service or any part of it or otherwise use the Service for commercial use;
  5. remove or obscure any copyright, trade mark or other proprietary notice of LGT from any portion of the Service or from any print outs made from the Service;
  6. use any machine, electronic, web based or similar device to read or extract the Service by automated or machine based means (as distinct from using your own eyes); 

You acknowledge that no ownership rights are conveyed to you under this Agreement, irrespective of the use of terms such as ‘purchase’ or ‘sale’. 

You understand that your right to use the Service is dependent upon your full payment of the applicable fees, and access will be provided to Launch Box only upon confirmation of receipt of full payment. Any payment made under this Agreement is non-refundable.

You acknowledge and agree that as part of the installation and registration process for the Service, you will provide to LGT certain personal data from which individuals may be identified, so that LGT can contact you regarding your use of the Service. LGT is committed to protecting such personal data in accordance with all relevant legislation, as set out in our Privacy Policy which can be viewed on our website. By accepting these terms and conditions, you are giving your consent to LGT's use of your personal data.

           

CREDIT CARD AUTHORIZATION 

To the extent permitted by applicable law, you irrevocably and unconditionally authorize LGT to charge all amounts due under this Agreement to any credit card you provide to us, and you agree to indemnify, defend and hold harmless LGT with respect to the same.

FEEDBACK

You have no obligation to provide us with ideas, suggestions, or proposals ("Feedback"). However, if you submit Feedback to us, then you do hereby grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise.

WARRANTY LIMITATIONS

ALL SERVICES ARE PROVIDED TO CUSTOMER ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT CUSTOMER'S OWN RISK.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, LGT HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, AVAILABILITY, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT. LGT OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR-FREE SERVICE NOR THAT THE SPEED OF THE SERVICE WILL NOT BE ADVERSELY AFFECTED BY FACTORS AFFECTING THE INTERNET GENERALLY. NEITHER DOES LGT PROVIDE ANY WARRANTY THAT THE SERVICE IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES

ANY CONTENT OR DATA ACCESSED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE ACCESSED AT CUSTOMER'S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY AND/OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

CUSTOMER MAY HAVE OTHER RIGHTS WHICH MAY NOT BE LIMITED OR EXCLUDED AND WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO NEGATIVELY AFFECT SUCH RIGHTS.

LIMITED WARRANTY: LGT shall develop and operate the service with reasonable skill and care. LGT use reasonable endeavors to make the service available to you for 24 hours a day 7 days a week, subject to routine maintenance and site updates and to the section entitled "force majeure" below.  There is no further warranty once the Service has been downloaded by you.

LGT does not give any warranties in respect of the service or any contents of the service. As with any educational program, the benefit derived from the use of the service depends on the skill of and the diligence of those who use it. LGT cannot be responsible if you find offence in the Service whether for religious, ethnic or other reasons. If any offence is caused, it will be completely unintended. LGT does not guarantee that the service will never be faulty, but LGT shall endeavor to correct reported faults in the Service as soon as reasonably practicable.

This benefit of the assurances and commitments given and made by LGT under this paragraph headed “Limited Warranty” is limited to you and is not transferable.

You will not be entitled to rely upon the Limited Warranty and the Limited Warranty shall be void if any failure of the Service to comply with the Limited Warranty has resulted from accident, abuse, misapplication, neglect, use of the Service or modification of the Service by someone other than LGT. In no event shall LGT be liable for any damages whatsoever arising out of you accessing the Service other than in accordance with the terms of this Agreement, even if advised of the possibility of such damages. LGT will not be liable for any loss or damage of any kind suffered by any party as a result of reliance upon or reproduction of any errors in the content of the Service.

LGT does not warrant that the functions of the Service meet your requirements or that the media is compatible with any computer system or network on which it is used or that the operation of the Service will be unlimited or error free. The selection of the Service to achieve your intended results and the use of and the results obtained from the Service shall be your sole responsibility.  LGT does not guarantee any specific business outcome or success in the use of the Service.  To the maximum extent permitted by applicable law, the entire liability of LGT and your only remedy in connection with this Agreement and the Service shall be refund of the Fee paid by you for the Service which failed to meet the Limited Warranty.

No information or advice (oral, written or otherwise) given by LGT shall create a warranty or in any way increase the scope of the Limited Warranty.

DISCLAIMER OF DAMAGES

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT LGT WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LGT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND (EXCEPT FOR PERSONAL INJURY OR DEATH RESULTING FROM LGT'S NEGLIGENCE OR FOR LOSSES RESULTING FROM FRAUD ON THE PART OF LGT IN WHICH CASE LGT'S LIABILITY SHALL NOT BE LIMITED) ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE OR FROM ERRORS, DEFICIENCIES OR FAULTS THEREIN, WHETHER SUCH LOSS OR DAMAGE IS CAUSED BY NEGLIGENCE OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, LGT SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES, EVEN IF LGT IS ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LGT'S AGGREGATE LIABILITY EXCEED THE PURCHASE PRICE OF THE SERVICE.

TERM AND TERMINATION

The term of this Service will commence upon receipt of payment for the Services by LGT.

You may not terminate this Service, and you will have an option to choose to either use or not to use the Service.

LGT may terminate this Agreement and the associated Service if:

(A) you have materially breached this Agreement;

(B) LGT is required to do so by law (for example, where the provision of the Service to Customer is, or becomes, unlawful); or

(C) LGT elects to discontinue providing the Service, in whole or in part.

If LGT delays in acting upon a breach of this Agreement by you, that delay will not be regarded as a waiver of the breach. If LGT does agree to waive a breach of this Agreement by you, that waiver shall be limited to that particular breach.

LGT also reserves the right to terminate this Agreement at any time and for any reason on giving notice to you. 

INDEMNITY

You agree to indemnify LGT against all costs, claims, damages or expenses arising from any use by you of the Service and the materials available under the Service which are brought or threatened against LGT by any third party.

THIRD PARTY SITES

The Service may contain links to other websites or online or mobile services provided by third parties (“Third Party Sites”). Third Party Sites may be co-branded with LGT and include its trade-marks. LGT is not responsible for the availability or content of Third Party Sites or for any transaction entered into by you with any Third Party Site.

GENERAL

This Agreement represents the entire agreement between you and LGT as to the matters dealt with in it and shall prevail over any inconsistent terms or conditions referred to in any purchase order or other correspondence you may submit to LGT or its resellers, distributors or agents (which terms shall not be binding on LGT). 

LGT reserves the right to vary or amend these terms and conditions at any time. LGT will give you notice of any material variation. By continuing to use the Service following any such modification you will be deemed to have accepted such variations or amendments.

LGT may assign its rights and obligations under this Agreement, or may sub-contract performance thereof to any third party. 

You may not assign, sub-contract, transfer or sub license any of your rights and obligations under this Agreement to any third party.  All materials under this Agreement are the sole property of LGT under intellectual property laws and as such, you are prohibited from sharing, displaying or otherwise using any of the materials for anything other than your personal use. 

If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force.

Any notices required to be given in writing to LGT or any questions concerning this Agreement should be addressed to management@growmystaffingfirm.com. 

Headings and titles are for convenience only and do not affect the interpretation of this Agreement. Terms such as “including” are not exhaustive.

Failure to enforce or exercise any part of this Agreement is not a waiver of that section.

This Agreement is governed by the laws of the State of Louisiana, without reference to conflict of laws principles. 

Neither Party shall be in breach of this Agreement, or otherwise liable to the other, by reason of any delay in performance, or non-performance, of any of its obligations under this Agreement (except payment obligations), arising directly from an act of God, fire, flood, natural disaster, act of terrorism, strike, lock-out, labor dispute, public health emergency, civil commotion, riot, or act of war.