Effective Date: August 30, 2025
Welcome to https://www.shoplaunch.io/ (the “Website”). This Terms of Use Agreement (the “Agreement”) is made and entered into by and between you and Shop Launch by Launch Media & Marketing Inc. (the “Company”, “us”, “we”, or “our”). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website (collectively, the “Services”).
1. Acceptance of this Agreement
1.1 Acceptance Through Using or Accessing the Services
Please review the following terms carefully. By accessing or using the Services (or by clicking on “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.
1.2 Eligibility Requirements to Use or Access the Services
To use the Website or any other Services, you must be (i) at least 18 years old, (ii) a resident of the United States, and (iii) not a competitor of or using the Services for purposes that are competitive with the Company. By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements and that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.
1.3 Changes to this Agreement
The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately. Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by them. You should check this page frequently so that you are aware of any changes since they are binding on you.
2. Access to the Services
2.1 Changes to Your Access and the Services
The Services may change from time to time as the Company evolves, refines, or adds more features. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.
2.2 Creating an Account
You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide accurate, complete, and updated information. If you connect to any Services with a third-party service, you grant us permission to access and use your information from such service as permitted by that service and to store your login credentials for that service. All information that you provide will be governed by our Privacy Policy (https://shoplaunch.io/privacy-policy). You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.
2.3 Account Responsibilities
You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services using your credentials. You should ensure that you exit from your account at the end of each session and exercise caution when using a public or shared device. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password.
2.4 Termination or Deletion of an Account
The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement.
3. Compliance With Laws; Client Responsibility; No Legal Advice
Each account holder—including location owners, sub-account owners, franchisees, licensees, and authorized users (collectively, “Client”)—is solely responsible for ensuring that all use of the Services and any communications or marketing conducted through the Services comply with all applicable laws and regulations at every level of government, including local/municipal, county, state, federal, and international laws (“Applicable Laws”). This includes, without limitation, laws governing telemarketing and outreach (SMS/MMS, voice, call recording), email marketing, privacy and data protection, consumer protection, unfair/deceptive practices, and advertising.
The Company provides tools but does not provide legal advice. Any information provided by Shop Launch regarding legal or regulatory compliance is for general informational purposes only and should not be construed as legal advice. Use of the Services does not ensure or guarantee compliance with Applicable Laws. Clients must (i) obtain their own legal counsel, (ii) implement appropriate policies, processes, and technical controls, and (iii) maintain documentation (e.g., consent/opt-in records, suppression/opt-out logs, quiet-hours controls) to demonstrate compliance.
Any failure to comply with Applicable Laws is the sole responsibility of Client. The Company disclaims all liability arising out of Client’s non-compliance and may suspend or terminate access for suspected violations.
4. Communications & Marketing Compliance (SMS, MMS, Voice, Email)
Without limiting Section 3, Client is solely responsible for configuring and using the Services in a manner compliant with Applicable Laws, including but not limited to:
Consent & Opt-In: Obtaining and retaining demonstrable consent appropriate to the communication channel and content.
Opt-Out/STOP: Honoring unsubscribe and STOP requests immediately and maintaining suppression lists.
Quiet Hours / Time-of-Day Limits: Enforcing any applicable outreach-hour restrictions required by law.
Identification & Disclosures: Including required sender/caller identification, truth-in-advertising, call-recording disclosures, and other legally mandated notices.
Data Handling: Collecting, storing, transferring, and using personal data in accordance with privacy and data-protection laws in the jurisdictions where Client operates and where recipients reside.
Recordkeeping: Maintaining defensible records of consent scope, timestamps, message content, and unsubscribe processing.
Examples of Applicable Laws (non-exhaustive): the Telephone Consumer Protection Act (TCPA) and state “mini-TCPA” statutes (e.g., Texas SB 140), the CAN-SPAM Act, call-recording laws, consumer-protection laws, and international regimes such as GDPR and CASL as relevant to Client’s activities.
5. Policy for Using the Services
5.1 Prohibited Uses
You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or the Company’s business. You may use the Services for business or commercial purposes.
5.2 Prohibited Activities
You further agree not to engage in any of the following prohibited activities in connection with using the Services:
No Violation of Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations.
No Unsolicited Communications. Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.
No Impersonation. Impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others.
No Harming of Minors. Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.
Compliance with Content Standards. Upload, display, distribute, or transmit any material that does not comply with the Content Standards set out in Section 12.3 below.
No Interference with Others’ Enjoyment. Harass or interfere with anyone’s use or enjoyment of the Services, or expose the Company or other users to liability or other harm.
No Interference or Disabling of the Services. Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Website.
No Monitoring or Copying Material. Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means. This includes, without limitation, using automatic devices such as robots, spiders, offline readers, crawlers, or scrapers to strip, scrape, or mine data from the Website; provided, however, that the Company conditionally grants to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
No Viruses, Worms, or Other Damaging Software. Upload, transmit, or distribute to or through the Services any viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter the property of others, including attacking the Services via a denial-of-service or distributed denial-of-service attack.
No Unauthorized Access or Violation of Security. (i) Attempt to gain unauthorized access to the Services or to other systems or networks connected to the Services, (ii) breach or circumvent encryption or other security codes or tools, or (iii) interfere with any server, computer, database, host, user, or network connected to the Services.
No Reverse Engineering. Reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information of or relating to the Services.
No Collecting User Data. Collect, harvest, or assemble any data or information regarding any other user without their consent, including emails, usernames, or passwords.
No Other Interference. Otherwise attempt to interfere with the proper working of the Services.
Attempt or Assist Others in Attempting. Attempt any of the foregoing or assist, permit, or encourage others to do or attempt any of the foregoing.
6. Geographic Restrictions
The Company is based in the United States. The Services are for use by persons located in the United States only. By choosing to access the Services from any location other than the United States, you accept full responsibility for compliance with all local laws. The Company makes no representations that the Services or any of its content are accessible or appropriate outside of the United States.
7. Terms and Conditions of Sale
7.1 Purchasing Process
Any steps taken from choosing Services to order submission form part of the purchasing process. The purchasing process includes these steps:
By clicking on the checkout button, users open the third-party merchant checkout section, wherein they will have to specify their contact details and a payment method of their choice.
After providing all the required information, users must carefully review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on the Website, hereby accepting these Terms and committing to pay the agreed-upon price.
7.2 Order Submission
When you submit an order, the following applies:
The submission of an order determines contract conclusion and therefore creates for you the obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page.
In case the purchased Services require active input from you, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for you to cooperate accordingly.
Upon submission of the order, users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by you for such purposes.
7.3 Prices
You are informed during the purchasing process and before order submission about any fees, taxes, and costs (including, if any, delivery costs) that you will be charged.
7.4 Methods of Payment
Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of the Website. All payments are independently processed through third-party services. Therefore, the Website does not collect any payment information—such as credit card details—but only receives a notification once the payment has been successfully completed. If payment through the available methods fails or is refused by the payment service provider, the Company shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by you.
7.5 Retention of Usage Rights
You do not acquire any rights to use the purchased Services until the total purchase price is received by the Company.
8. CRM Usage
All inbound and outbound crm usage: sms, mms, voice, call recording, is soley responsible by the client. Shop Launch does not assume any liability for usage charges. Clients will be auto rebilled based upon the threshold set by the client in the settings menu of the portal. Usage includes but is not limited to sms, mms, voice, call recording. This usage will include additional carrier fees and copy and pasted message fees for segments over the segment threshold and pasted messages. The client agrees to not spam and in good faith has collected data and documentation of data with explicit acknowledged opt in interest. Client assumes all liability for spam and communication laws. Usage will be billed in this format but not limited to:
$.009-SMS Segment (160 characters, characters do not include special characters)
$.0102-Inbound Calls
$.0156-Outbound Calls
Subject to monthly carrier fees based on usage and data and future changes*
Legal Compliance for CRM Communications
In addition to usage and billing responsibilities, Client is solely responsible for complying with all Applicable Laws governing communications made through the CRM, including—but not limited to—consent/opt-in requirements, opt-out/STOP processing, quiet-hours limitations, caller/sender identification, call-recording disclosures, and data-handling obligations. Client must maintain defensible records (e.g., timestamps of consent, scope of consent, unsubscribe logs) and configure the CRM to enforce Applicable Laws. Shop Launch disclaims liability for any non-compliant communications initiated or facilitated by Client or its users.
9. Independent Platform Provider
Shop Launch provides software tools that Clients may use to facilitate communications. Shop Launch does not initiate, send, or control the content of any communications sent by Clients, and does not determine the recipients of such communications. Clients are the sole sender and data controller of all communications and data processed through the Services. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or co-sender relationship between Shop Launch and any Client.
10. No Monitoring Obligation
Shop Launch has no obligation to monitor Client communications for compliance with Applicable Laws, but may do so in its discretion. Shop Launch expressly disclaims any responsibility for reviewing, auditing, or policing Client communications, opt-in records, or data practices.
11. Intellectual Property Rights
11.1 Ownership of Intellectual Property
All intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the “Content”), are owned by the Company, its licensors, or other providers of such material, and are protected by U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted are reserved.
11.2 License to Use the Services
During the term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for business or commercial use in accordance with this Agreement. This license terminates upon your cessation of use of the Services or termination of this Agreement.
11.3 Certain Restrictions
You shall not: (i) copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Content except as expressly permitted; (ii) modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content; (iii) sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services; (iv) delete or alter any copyright, trademark, or other proprietary rights notices; (v) access or use the Content to build a similar or competitive product or service; or (vi) use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection, or directory of the Content.
11.4 Trademark Notice
All trademarks, logos, and service marks displayed on the Services are either the Company’s property or the property of third parties. You may not use such marks without prior written consent of their respective owners.
12. User Content
12.1 User Generated Content
The Services may contain message boards, chatrooms, profiles, forums, and other interactive features that allow users to post, upload, submit, publish, display, or transmit content or materials (“User Content”). You are solely responsible for your User Content. All User Content must comply with the Content Standards below. Any User Content you post will be considered non-confidential and non-proprietary. You assume all risks associated with your User Content, including any reliance on its accuracy, completeness, reliability, or appropriateness by others, and any disclosure of information that personally identifies you or a third party. We are not responsible or liable to any third party for any User Content posted by you or any other user.
12.2 License
You grant the Company an irrevocable, non-exclusive, royalty-free and fully paid, transferable, perpetual, and worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in connection with the Services and the Company’s business, including for promoting and redistributing part or all of the Services in any media formats and channels. This license is subject to our Privacy Policy (https://shoplaunch.io/privacy-policy) to the extent User Content includes personally identifiable information. You represent and warrant that you have all rights necessary to grant this license and you waive any claims for infringement or misappropriation related to submissions.
12.3 Content Standards
User Content must not:
Violate any applicable laws or regulations, or any contractual or fiduciary obligations;
Promote any illegal activity; advocate, promote, or assist any unlawful act; or create any risk of harm, loss, or damage to any person or property;
Infringe any copyright, trademark, patent, trade secret, moral right, or other intellectual property rights of any person;
Contain any information or material that is unlawful, defamatory, invasive of another’s privacy or publicity rights, abusive, threatening, harassing, harmful, violent, hateful, obscene, vulgar, profane, indecent, offensive, inflammatory, humiliating, or otherwise objectionable, including material likely to cause annoyance, inconvenience, or needless anxiety;
Promote sexually explicit or pornographic material, violence, or discrimination based on a protected class;
Contain any information or material that is false, intentionally misleading, or likely to deceive any person, including impersonation or misrepresentation of identity or affiliation; or
Represent or imply that it is provided, sponsored, or endorsed by the Company, if that is not the case.
12.4 Monitoring and Enforcement
We may, at any time and in our sole discretion: (i) take action with respect to any User Content we believe violates this Agreement or creates liability, including reporting to law enforcement; (ii) remove or reject any User Content for any or no reason; (iii) disclose any User Content or your identity to satisfy law, regulation, or government request, or to protect rights or property; and (iv) terminate or suspend your access for any or no reason. We do not review User Content before posting and assume no liability for actions or inactions regarding transmissions, communications, or content provided by users or third parties.
13. Copyright Infringement (Digital Millennium Copyright Act Policy)
We respect the intellectual property of others and expect users to do the same. It is our policy to terminate users who are repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed, please provide the following information in accordance with the Digital Millennium Copyright Act to our designated copyright agent:
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
A description of the copyrighted work that you allege has been infringed;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Your contact information, including address, telephone number, and email address;
A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Misrepresentation Notice: Pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by us in connection with the notification and allegation of copyright infringement.
Designated Copyright Agent:
Email: support@shoplaunchsecrets.com
14. Feedback to the Company
If you provide the Company with any feedback or suggestions regarding the Services (“Feedback”), you assign to the Company all rights in such Feedback and agree that the Company may use and fully exploit such Feedback in any manner. The Company will treat Feedback as non-confidential and non-proprietary. Do not submit confidential or proprietary information as Feedback.
15. Assumption of Risk
The information presented on or through the Services is made available for general information purposes only. The Company does not warrant the accuracy, completeness, suitability, or quality of any such information. Any reliance on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such information by you or any other user of the Services, or by anyone who may be informed of any of its contents.
16. Privacy
For information about how the Company collects, uses, and shares your information, please review our Privacy Policy (https://shoplaunch.io/privacy-policy). By using the Services, you consent to the collection, use, and sharing of your information as set forth in the Privacy Policy.
17. Termination
17.1 Termination
We may suspend or terminate your access or rights to use the Services at any time, for any reason, in our sole discretion, and without prior notice, including for any breach of this Agreement. If you have registered for an account, you may terminate this Agreement at any time by contacting the Company and requesting termination.
17.2 Effect of Termination
Upon termination, your right to access and use the Services will immediately cease, and we may delete your User Content from our databases. Provisions that by their nature should survive termination shall remain in full force and effect, including ownership and intellectual property provisions, warranty disclaimers, and limitations of liability. Termination does not relieve you of obligations arising prior to termination.
18. No Warranty
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE OR COMPLETE; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS.
19. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE SERVICES OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
To the maximum extent permitted by law, Shop Launch shall have no liability whatsoever for any fines, penalties, damages, or losses arising from Client’s communications, marketing activities, or non-compliance with Applicable Laws.
20. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) from and against any and all losses, claims, actions, suits, complaints, investigations, regulatory inquiries, government enforcement actions, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees, arising out of or relating to: (a) your breach of this Agreement; (b) your use or misuse of the Services (including User Content); and (c) your or your users’ failure to comply with Applicable Laws (including, without limitation, telemarketing, SMS/MMS, call-recording, privacy, and consumer-protection laws) in connection with communications sent or managed through the Services. This indemnity expressly covers any claims brought by regulators, carriers, or third parties and includes all associated costs of defense.
21. Disputes
21.1 Governing Law
All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of California, without giving effect to any conflict of law principles.
21.2 Dispute Resolution; Venue; Arbitration
Any action or proceeding arising out of or related to this Agreement or the Services shall be brought only in a state or federal court located in Sacramento County, California, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You hereby irrevocably submit to the jurisdiction of these courts and waive the defense of inconvenient forum.
At the Company’s sole discretion, it may require any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, to be submitted to and decided by a single arbitrator by binding arbitration under the rules of the American Arbitration Association in Sacramento, California. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. The prevailing party in the arbitration proceedings shall be awarded reasonable attorneys’ fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator shall for good cause determine otherwise.
21.3 Waiver of Jury Trial and Class Actions
All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Company in arbitration only in your individual capacities and in so doing you hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
22. Limitation to Time to File Claims
Any cause of action or claim you may have arising out of or relating to this Agreement or the Services must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action or claim is permanently waived and barred.
23. Miscellaneous
23.1 Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power, or privilege preclude any other or further exercise thereof.
23.2 Severability
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement.
23.3 Entire Agreement
This Agreement, together with all documents referenced herein, constitutes the entire agreement between you and the Company with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
23.4 Headings
Headings and titles in this Agreement are for convenience only and shall not affect the meaning of any provisions.
23.5 No Agency, Partnership or Joint Venture
No agency, partnership, or joint venture has been created between you and the Company as a result of this Agreement. You do not have any authority to bind the Company in any respect.
23.6 Assignment
You shall not assign or delegate any of your rights or obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. We may freely assign or delegate our rights and obligations under this Agreement at any time. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties and their respective successors and assigns.
23.7 Export Laws
The Services may be subject to U.S. export control laws and regulations. You agree to abide by these laws and not to transfer, by electronic transmission or otherwise, any materials from the Services to either a foreign national or a foreign destination in violation of such laws or regulations.
24. Contact Information
DMCA notices: see Section 13.
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to support@shoplaunchsecrets.com.