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Terms of Use

Effective August 24, 2026

Last updated August 24, 2026

IMPORTANT NOTICE

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY CONTAIN IMPORTANT PROVISIONS CONCERNING YOUR LEGAL RIGHTS, INCLUDING WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, A REQUIREMENT TO RESOLVE MOST SITE-RELATED DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT, A CLASS-ACTION WAIVER, AND A JURY-TRIAL WAIVER.

THESE TERMS GOVERN THE PUBLIC LAUNCHLAYER WEBSITE. THEY DO NOT REPLACE THE SEPARATE WEBSITE DEVELOPMENT SERVICES AGREEMENT REQUIRED FOR A PAID CLIENT PROJECT.

1Agreement to These Terms

These Terms of Use (“Terms”) govern access to and use of the website located at https://launchlayer.org and any page, feature, form, content, or functionality that links to these Terms (collectively, the “Site”).

The Site is operated by Archith Raman, an individual New Jersey sole proprietor using LaunchLayer as a service and brand name (“LaunchLayer,” “Provider,” “we,” “us,” or “our”). LaunchLayer is not a separate corporation, limited liability company, partnership, or other legal entity.

“You” and “your” mean each person who accesses or uses the Site and any business or organization on whose behalf that person acts.

By accessing or using the Site, or by clicking a checkbox or button stating that you agree to these Terms, you acknowledge that you have read and understood these Terms and agree to be bound by them.

If you do not agree to these Terms, do not access, use, or submit information through the Site.

If applicable law requires affirmative assent before a particular provision may be enforced against you, that provision will apply only to the extent you have provided legally sufficient assent or the provision is otherwise enforceable under applicable law.

2Eligibility and Authority

The Site is intended for adults and business representatives located primarily in the United States.

By using the Site, you represent and warrant that:

  1. 1.you are at least 18 years old;
  2. 2.you have the legal capacity to enter into these Terms;
  3. 3.your use of the Site is lawful;
  4. 4.any information you provide is accurate and is not submitted through impersonation, fraud, or unauthorized access; and
  5. 5.if you act for a business or organization, you are authorized to act for that business or organization in connection with your inquiry.

If you do not satisfy these requirements, you may not submit an inquiry or otherwise use the Site.

3Limited Purpose of the Site

The Site provides general information about LaunchLayer and the potential availability of front-end website-development services.

The Site may permit you to:

  • review general descriptions of potential services;
  • review examples, mockups, portfolio materials, or general information;
  • submit a preliminary business inquiry;
  • request that LaunchLayer contact you; or
  • access LaunchLayer’s public policies and contact information.

The Site is not an online store, hosting service, publishing platform, website builder, client portal, payment processor, or source-code repository.

Nothing on the Site requires LaunchLayer to accept a project, respond to an inquiry, reserve availability, provide a quotation, enter into an agreement, or perform services.

4No Client Relationship or Project Formation

Visiting the Site, submitting a form, sending an email, requesting information, discussing a possible project, or receiving a response does not:

  • create a client, contractor, fiduciary, advisory, confidential, or other professional relationship;
  • constitute an order for services;
  • obligate LaunchLayer to accept or perform a project;
  • reserve development time;
  • establish a project commencement date;
  • create a warranty or service obligation;
  • authorize you to send payment; or
  • modify any agreement.

A website-development project begins only after:

  1. 1.LaunchLayer and the prospective client execute a separate written Website Development Services Agreement;
  2. 2.the applicable Project Order is completed;
  3. 3.the full required payment clears;
  4. 4.all required client materials and instructions are provided; and
  5. 5.any other commencement conditions in the signed agreement are satisfied.

Do not send payment solely because you viewed the Site or submitted an inquiry. Payment instructions must be confirmed directly by LaunchLayer in connection with a signed Website Development Services Agreement.

5Relationship to the Signed Services Agreement

These Terms govern only access to and use of the public Site and preliminary Site communications.

Any paid website-development project is governed exclusively by the Website Development Services Agreement and Project Order signed by LaunchLayer and the applicable client (the “Signed Services Agreement”).

The Signed Services Agreement controls matters including:

  • project scope;
  • included and excluded services;
  • page limits;
  • payment;
  • refund eligibility;
  • client delays;
  • delivery;
  • source-code files;
  • revisions;
  • acceptance;
  • intellectual-property ownership;
  • client materials;
  • third-party materials;
  • confidentiality;
  • warranties and disclaimers;
  • post-delivery responsibility;
  • indemnification;
  • limitations of liability; and
  • project-related dispute resolution.

If these Terms conflict with a Signed Services Agreement, the Signed Services Agreement controls with respect to that project. A change to the Site or these Terms does not amend an existing Signed Services Agreement.

No Site content, advertisement, portfolio example, message, FAQ, or general service description expands the scope of a Signed Services Agreement unless the applicable Project Order expressly incorporates it.

6General Service Descriptions and Pricing

The Site may describe a generally available offering involving a one-time fee of $100 for front-end website development, potentially covering one website with up to three pages, including a landing or home page.

Such descriptions are general information and are not a binding offer, price guarantee, or promise that LaunchLayer will accept every project.

Unless expressly stated in a Signed Services Agreement:

  • LaunchLayer provides front-end website development and electronic delivery of completed source-code files only;
  • domain registration is not included;
  • hosting is not included;
  • deployment or production publication is not included;
  • back-end systems and databases are not included;
  • maintenance and monitoring are not included;
  • post-delivery support is not included;
  • revisions after submission are not included;
  • no warranty period is included; and
  • no business, traffic, ranking, revenue, security, accessibility, or other outcome is guaranteed.

Actual scope, price, timing, payment, refund eligibility, and availability are determined exclusively by the applicable Signed Services Agreement.

LaunchLayer may change future pricing, availability, estimated timelines, service descriptions, policies, or offerings at any time. Such changes apply prospectively and do not modify an existing Signed Services Agreement.

7No Professional Advice

Site content is provided for general informational and marketing purposes only.

Nothing on the Site constitutes:

  • legal advice;
  • tax or accounting advice;
  • financial advice;
  • regulatory advice;
  • cybersecurity advice;
  • privacy or data-protection advice;
  • accessibility or ADA compliance advice;
  • intellectual-property clearance;
  • insurance advice;
  • business or investment advice; or
  • a professional audit, certification, or guarantee.

You are responsible for consulting qualified legal, tax, accounting, accessibility, security, privacy, intellectual-property, and other professionals regarding your specific circumstances.

No statement on the Site should be interpreted as a guarantee that a website, business, practice, image, document, or course of conduct complies with any law, regulation, industry standard, platform requirement, accessibility standard, privacy requirement, or third-party license.

8No Reliance or Guaranteed Results

You are responsible for independently evaluating Site information before acting on it.

LaunchLayer does not guarantee that:

  • Site information is complete, current, error-free, or appropriate for your circumstances;
  • a described service remains available;
  • an inquiry will be accepted;
  • a project can be completed within a particular timeframe;
  • a website will increase traffic, sales, customers, leads, conversions, revenue, rankings, or profits;
  • a website will be free of bugs or compatibility issues;
  • a website will satisfy every browser, device, platform, host, law, or industry standard; or
  • a portfolio example or result obtained by another client can be reproduced.

Portfolio examples, demonstrations, testimonials, illustrations, mockups, and sample results are provided only to illustrate possible work. They are not guarantees of identical or similar results.

You assume responsibility for decisions made in reliance on Site content, subject to any responsibility that applicable law does not permit LaunchLayer to limit.

9Acceptable Use

You may use the Site only for lawful, legitimate, and noncommercial browsing or for submitting a genuine business inquiry.

You must not, directly or through another person, device, script, bot, or service:

  1. 1.violate any applicable law, regulation, court order, or third-party right;
  2. 2.use the Site for fraud, deception, harassment, threats, abuse, discrimination, or unlawful activity;
  3. 3.impersonate another person or misrepresent your identity, authority, affiliation, or intentions;
  4. 4.submit false, misleading, incomplete, or fraudulent information;
  5. 5.attempt to obtain unauthorized access to the Site, a server, an account, a system, source code, nonpublic file, or another person’s information;
  6. 6.test, scan, probe, or circumvent Site security without prior written authorization;
  7. 7.introduce malware, ransomware, spyware, viruses, malicious code, corrupted files, or harmful instructions;
  8. 8.interfere with, disrupt, overload, disable, or degrade the Site or its infrastructure;
  9. 9.use automated means to scrape, harvest, extract, monitor, index, copy, or download Site content except through ordinary public search-engine indexing that complies with our technical instructions;
  10. 10.collect personal information about another visitor;
  11. 11.use Site content to train, develop, benchmark, or improve an artificial-intelligence or machine-learning system without prior written permission;
  12. 12.reverse engineer, decompile, disassemble, decode, or attempt to derive nonpublic source code or technical systems, except where applicable law expressly prohibits that restriction;
  13. 13.remove or alter a copyright, trademark, attribution, or proprietary notice;
  14. 14.frame, mirror, reproduce, republish, sell, sublicense, or commercially exploit the Site or its content;
  15. 15.falsely imply that LaunchLayer sponsors, endorses, employs, partners with, or is affiliated with you;
  16. 16.submit material that infringes copyright, trademark, privacy, publicity, confidentiality, contractual, or other rights;
  17. 17.submit passwords, financial credentials, protected health information, government identifiers, or other sensitive information;
  18. 18.use the Site to distribute unsolicited advertising, spam, chain messages, or abusive communications;
  19. 19.use another person’s information without authority or required consent; or
  20. 20.assist or encourage another person to do any of the foregoing.

Any authorization to use the Site terminates automatically if you violate these Terms.

10Site Monitoring and Enforcement

LaunchLayer may, but has no obligation to:

  • monitor Site access or submissions;
  • investigate suspected violations;
  • preserve relevant information;
  • block an Internet Protocol address or device;
  • restrict or terminate access;
  • remove or decline a submission;
  • contact law enforcement or another affected party; or
  • take other lawful protective action.

LaunchLayer’s decision not to act in one instance does not waive its right to act later.

We may preserve and disclose information as described in the Privacy Policy or as reasonably necessary to comply with law, investigate misconduct, protect security, enforce these Terms, or defend legal rights.

11Ownership of the Site

As between you and LaunchLayer, the Site and its original contents—including its text, layout, visual appearance, branding, graphics, icons, photographs, videos, code, templates, design elements, organization, and selection and arrangement of content—are owned by Archith Raman or used under permission or applicable license.

The Site is protected by applicable copyright, trademark, unfair-competition, and other laws.

Subject to these Terms, LaunchLayer grants you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to access and view publicly available Site content solely for your own lawful informational or internal business-evaluation purposes.

This license does not transfer ownership and does not authorize commercial reuse, republication, redistribution, resale, modification, public display, automated extraction, creation of derivative materials, or use to compete with LaunchLayer.

All rights not expressly granted are reserved.

12LaunchLayer Name and Branding

“LaunchLayer,” its logos, visual identifiers, slogans, trade dress, and related branding are service names, marks, or identifiers used by Archith Raman, whether registered or unregistered.

Nothing in these Terms grants permission to use LaunchLayer’s name, logo, branding, or confusingly similar identifiers in a manner suggesting endorsement, sponsorship, affiliation, or origin.

You may truthfully identify LaunchLayer when discussing your actual experience, subject to applicable law. You may not falsely represent that you are LaunchLayer or are authorized to act on LaunchLayer’s behalf.

13Submissions and Inquiry Materials

“Submissions” means information or material you voluntarily send through the Site or in connection with a Site inquiry, including messages, text, business information, website links, project descriptions, images, logos, and attachments.

You retain any ownership you lawfully possess in a Submission.

You grant LaunchLayer a nonexclusive, worldwide, royalty-free license to receive, reproduce, store, transmit, review, and internally use a Submission only as reasonably necessary to:

  • evaluate and respond to your inquiry;
  • protect or operate the Site;
  • prevent fraud or abuse;
  • maintain business records;
  • comply with law; or
  • prepare for or perform a subsequently executed Signed Services Agreement.

This license does not authorize LaunchLayer to publicly market your nonpublic Submission unless you separately provide permission or a Signed Services Agreement authorizes portfolio use.

You represent and warrant that:

  1. 1.you own the Submission or possess all permissions required to submit it;
  2. 2.the Submission does not infringe or violate another person’s rights;
  3. 3.the Submission is not unlawful, defamatory, fraudulent, deceptive, malicious, or harmful;
  4. 4.the Submission does not contain information you are prohibited from disclosing; and
  5. 5.providing and processing the Submission as described in these Terms and the Privacy Policy is lawful.

Do not submit confidential trade secrets, passwords, regulated information, or other sensitive information through an initial inquiry.

An initial inquiry is not protected by attorney-client privilege, accountant-client privilege, fiduciary duties, or any other professional privilege. LaunchLayer will handle personal information as described in the Privacy Policy, but no separate confidentiality obligation arises unless contained in a subsequently executed agreement.

14Development and AI-Assisted Tools

LaunchLayer may use customary hosting, communications, productivity, design, coding, testing, security, cloud-storage, and artificial-intelligence-assisted tools when operating the Site, responding to inquiries, or performing services under a Signed Services Agreement.

Third-party tools are governed by their own terms, licenses, privacy practices, availability, security controls, and technical limitations.

LaunchLayer does not warrant that any third-party tool will:

  • remain available;
  • remain compatible;
  • produce error-free output;
  • preserve a particular feature;
  • maintain its current terms;
  • be free of vulnerabilities; or
  • be appropriate for every purpose.

Use of such tools does not expand LaunchLayer’s obligations or create a warranty. The Privacy Policy and any Signed Services Agreement contain additional provisions concerning information and project materials processed through these tools.

15Feedback and Reviews

If you voluntarily provide suggestions, ideas, or feedback specifically intended to improve the Site or LaunchLayer’s general business, you grant LaunchLayer a perpetual, worldwide, nonexclusive, transferable, sublicensable, royalty-free license to use and incorporate that feedback without payment or attribution.

This feedback license does not apply to confidential project materials or transfer ownership of a client’s project deliverables.

Nothing in these Terms prohibits you from providing an honest review, assessment, or statement about your experience. These Terms do not waive rights protected by the Consumer Review Fairness Act or another applicable law.

You may not knowingly publish a false statement, disclose protected confidential information, impersonate another person, or infringe intellectual-property or privacy rights.

16Copyright Concerns

LaunchLayer respects intellectual-property rights.

If you believe that content displayed on the Site infringes a copyright you own or are authorized to enforce, send a written notice to archith.raman18@gmail.com with the subject line “Copyright Notice.”

Your notice should include:

  • identification of the copyrighted work;
  • identification and location of the allegedly infringing material;
  • your name and contact information;
  • a statement explaining your good-faith belief that the use is unauthorized;
  • a statement that the information in the notice is accurate;
  • a statement that you are the rights holder or authorized to act for the rights holder; and
  • your physical or electronic signature.

This procedure is provided to facilitate good-faith communications. It does not represent that LaunchLayer qualifies for any particular statutory safe harbor, has designated a registered Digital Millennium Copyright Act agent, or waives any defense.

Knowingly submitting a materially false infringement allegation may result in liability under applicable law.

17Third-Party Websites and Services

The Site may refer or link to third-party websites, hosting providers, software, repositories, payment services, banks, social-media platforms, fonts, images, integrations, or other resources.

Third parties are independent from LaunchLayer. LaunchLayer does not control and is not responsible for their:

  • content;
  • accuracy;
  • availability;
  • security;
  • accessibility;
  • privacy practices;
  • payment processing;
  • terms;
  • licensing;
  • conduct;
  • products; or
  • services.

A reference or link does not constitute an endorsement, warranty, partnership, agency relationship, or guarantee.

You access and use third-party resources at your own risk and should review their applicable terms and privacy policies.

18Payment Services and Fraud Prevention

LaunchLayer does not currently accept payment directly through the public Site.

If a project proceeds, the Signed Services Agreement governs payment. Payment may be requested through Zelle using instructions LaunchLayer separately confirms in writing.

Before sending payment, you must independently verify:

  • that you have signed the applicable agreement;
  • that the payment request came from LaunchLayer;
  • that the recipient information matches LaunchLayer’s confirmed instructions; and
  • that the amount matches the applicable agreement.

Do not rely on altered, forwarded, unexpected, or third-party payment instructions.

Zelle and participating financial institutions are independent third parties. LaunchLayer is not responsible for their outages, delays, fraud screening, transfer errors, account restrictions, unauthorized transactions, security practices, or independent decisions.

A payment sent to an unconfirmed or incorrect recipient is not payment to LaunchLayer.

19Privacy

LaunchLayer’s collection, use, retention, and disclosure of personal information are described in the LaunchLayer Privacy Policy.

The Privacy Policy is incorporated into these Terms for purposes of providing notice of our information practices. It does not expand a project’s scope or create a website-development relationship.

You are responsible for reviewing the Privacy Policy before submitting personal information.

If there is a conflict between these Terms and a nonwaivable requirement of applicable privacy law, the nonwaivable legal requirement controls to the extent of the conflict.

20Site Availability and Changes

LaunchLayer may, at any time and without guaranteeing advance notice:

  • modify the Site;
  • correct errors;
  • change content;
  • remove a feature;
  • restrict access;
  • suspend the Site;
  • discontinue the Site;
  • change technical providers; or
  • change future services, pricing, availability, policies, or descriptions.

LaunchLayer has no duty to maintain a particular page, feature, design, price, advertisement, document, file, link, or historical version of the Site.

The Site is not a backup or permanent storage service. You are responsible for retaining copies of information you need.

LaunchLayer is not responsible for an inability to access the Site caused by maintenance, technical failure, hosting failure, network problems, cybersecurity incidents, force-majeure events, third-party conduct, or discontinuation.

21Security and User Responsibility

You are responsible for:

  • maintaining the security of your devices, browser, email, accounts, passwords, and network;
  • using current security software and reasonable safeguards;
  • verifying links, files, communications, and payment instructions;
  • maintaining backups of your own information;
  • deciding what information to submit;
  • avoiding submission of unnecessary sensitive information; and
  • notifying LaunchLayer if you reasonably believe a communication or Site feature has been compromised.

No Internet transmission, email, website, hosting platform, or storage system can be guaranteed to be completely secure.

LaunchLayer does not guarantee that the Site will be free from malware, unauthorized access, interception, technical errors, security vulnerabilities, or other harmful events.

Nothing in this section limits a security or notification duty that applicable law does not permit LaunchLayer to limit.

22DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SITE CONTENT, INFORMATION, FEATURES, LINKS, COMMUNICATIONS, AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

LAUNCHLAYER AND ITS HOSTING, TECHNOLOGY, COMMUNICATIONS, DEVELOPMENT, SECURITY, AND OTHER SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, ACCESSIBILITY, AND RESULTS.

WITHOUT LIMITING THE FOREGOING, LAUNCHLAYER DOES NOT WARRANT THAT:

  • THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCESSIBLE, OR ERROR-FREE;
  • DEFECTS WILL BE IDENTIFIED OR CORRECTED;
  • THE SITE OR ITS INFRASTRUCTURE WILL BE FREE OF MALWARE OR HARMFUL COMPONENTS;
  • SITE INFORMATION WILL ALWAYS BE ACCURATE, COMPLETE, CURRENT, OR SUITABLE;
  • AN INQUIRY WILL RECEIVE A RESPONSE OR BE ACCEPTED;
  • A SERVICE WILL REMAIN AVAILABLE AT A PARTICULAR PRICE;
  • A THIRD-PARTY LINK, TOOL, HOST, PAYMENT SERVICE, OR RESOURCE WILL FUNCTION;
  • USE OF THE SITE WILL PRODUCE A BUSINESS, FINANCIAL, MARKETING, TECHNICAL, OR OTHER RESULT; OR
  • SITE CONTENT WILL SATISFY YOUR PARTICULAR LEGAL, BUSINESS, ACCESSIBILITY, SECURITY, OR TECHNICAL REQUIREMENTS.

NO ORAL OR WRITTEN INFORMATION OBTAINED THROUGH THE SITE CREATES A WARRANTY NOT EXPRESSLY STATED IN A SIGNED SERVICES AGREEMENT.

THE DISCLAIMER IN THIS SECTION APPLIES ONLY TO THE EXTENT PERMITTED BY LAW. IT DOES NOT DISCLAIM A WARRANTY OR RIGHT THAT APPLICABLE LAW DOES NOT PERMIT TO BE DISCLAIMED.

23ASSUMPTION OF SITE-USE RISK

To the maximum extent permitted by law, you knowingly assume the ordinary risks associated with:

  • accessing information through the Internet;
  • relying on general Site content;
  • transmitting information electronically;
  • downloading or following third-party content or links;
  • service interruptions;
  • technical errors;
  • unauthorized third-party conduct;
  • incompatibility with your device or software; and
  • making business decisions based on general information.

You are responsible for independently evaluating whether the Site and its information are suitable for your intended use.

This assumption of risk does not waive a claim or responsibility that applicable law does not permit to be waived.

24LIMITATION OF LIABILITY

THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND ARE A MATERIAL BASIS ON WHICH ACCESS TO THE SITE IS PROVIDED.

24.1Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAUNCHLAYER AND ITS HOSTING, TECHNOLOGY, COMMUNICATIONS, DEVELOPMENT, SECURITY, PAYMENT, AND OTHER SERVICE PROVIDERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, CUSTOMERS, LEADS, BUSINESS OPPORTUNITY, GOODWILL, REPUTATION, USE, DATA, CONTENT, OR BUSINESS CONTINUITY, ARISING OUT OF OR RELATING TO:

  • THE SITE;
  • SITE CONTENT;
  • A BUG OR ERROR;
  • SITE DOWNTIME OR UNAVAILABILITY;
  • A SECURITY INCIDENT, HACKING EVENT, MALWARE, OR UNAUTHORIZED ACCESS;
  • LOSS, ALTERATION, OR INTERCEPTION OF INFORMATION;
  • RELIANCE ON SITE INFORMATION;
  • A THIRD-PARTY LINK, TOOL, PLATFORM, HOST, BANK, OR PAYMENT SERVICE;
  • AN UNACCEPTED OR UNANSWERED INQUIRY;
  • A CHANGE IN SERVICE DESCRIPTION, PRICE, OR AVAILABILITY; OR
  • YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE.

THIS EXCLUSION APPLIES REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, RESTITUTION, OR STATUTE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS DISCLOSED OR A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

24.2Aggregate Site-Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF LAUNCHLAYER AND ALL PERSONS OR ENTITIES DESCRIBED IN SECTION 24.1, ARISING OUT OF OR RELATING TO THE SITE, THESE TERMS, OR A SITE-ONLY INTERACTION, WILL NOT EXCEED THE GREATER OF:

  1. 1.THE AMOUNT YOU PAID SPECIFICALLY FOR ACCESS TO THE PUBLIC SITE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
  2. 2.US$100.

The cap applies collectively to all claims, events, theories, and claimants and is not increased by multiple claims or occurrences.

24.3Signed Projects

This Section governs public Site access only. Liability arising from a paid project is governed by the separate limitations, exclusions, releases, remedies, and cap in the applicable Signed Services Agreement.

You may not use these Terms to avoid or expand the Signed Services Agreement’s project-specific liability provisions.

24.4Legally Required Exceptions

Nothing in these Terms excludes or limits liability for fraud, willful misconduct, gross negligence, personal injury, or another matter only to the extent applicable law prohibits the particular exclusion or limitation.

If a particular exclusion or cap is held unenforceable, the remaining limitations will continue to apply to the fullest extent permitted by law.

Some jurisdictions do not allow certain exclusions or limitations. In such jurisdictions, liability is limited only to the maximum extent permitted by applicable law.

25Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless Archith Raman and LaunchLayer’s service providers and licensors from third-party claims, demands, investigations, proceedings, liabilities, judgments, penalties, losses, damages, costs, and reasonable attorneys’ fees to the extent arising from:

  1. 1.your unlawful or unauthorized use of the Site;
  2. 2.your material breach of these Terms;
  3. 3.your fraud, misrepresentation, or intentional misconduct;
  4. 4.a Submission you provide;
  5. 5.your violation of another person’s copyright, trademark, privacy, publicity, confidentiality, contractual, or other right;
  6. 6.information you submit concerning another person without required authority; or
  7. 7.malware, harmful code, or unauthorized activity introduced or directed by you.

LaunchLayer will provide reasonable notice of a covered claim when practicable. LaunchLayer may control the defense using qualified counsel, and you will reasonably cooperate at your expense.

You may not settle a covered claim in a manner that admits fault by LaunchLayer, imposes a nonmonetary obligation on LaunchLayer, or fails to fully release LaunchLayer without LaunchLayer’s written consent.

This Section does not require you to indemnify LaunchLayer to the extent a final decision attributes the claim to LaunchLayer’s fraud, willful misconduct, gross negligence, or another matter for which indemnification is prohibited by law.

26Informal Dispute Notice

Before commencing arbitration or a court proceeding concerning a Site-only dispute, the complaining party must send a written notice describing:

  • the party’s name and contact information;
  • the relevant facts;
  • the legal or contractual basis of the dispute;
  • the requested relief; and
  • reasonably available supporting documents.

A notice to LaunchLayer must be emailed to archith.raman18@gmail.com with the subject line “Site Dispute Notice.”

The parties will attempt in good faith to resolve the dispute informally. Either party may proceed if the dispute remains unresolved 30 calendar days after receipt of a complete notice.

An applicable limitations period will be tolled during this 30-day period to the extent necessary to preserve a claim.

A party may seek immediate relief when waiting would cause a claim to expire or when temporary relief is reasonably necessary to prevent actual or threatened unauthorized access, infringement, misuse of confidential information, fraud, or other irreparable harm.

27BINDING INDIVIDUAL ARBITRATION

27.1Agreement to Arbitrate

EXCEPT FOR THE LIMITED EXCEPTIONS BELOW, YOU AND LAUNCHLAYER AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, SITE CONTENT, SITE PRIVACY OR SECURITY, A SITE INQUIRY, OR A SITE-ONLY INTERACTION WILL BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION AND NOT IN COURT.

ARBITRATION MEANS THAT YOU AND LAUNCHLAYER WAIVE THE RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY IN COURT.

This arbitration provision is governed by the Federal Arbitration Act.

The arbitration will be administered by the American Arbitration Association (“AAA”) before one neutral arbitrator:

  • under the AAA Consumer Arbitration Rules when those rules apply to the dispute; or
  • otherwise under the AAA Commercial Arbitration Rules and Expedited Procedures.

The applicable AAA rules are available at https://www.adr.org.

The arbitration will be conducted remotely unless the parties agree otherwise or the arbitrator determines that an in-person hearing is necessary. The legal seat will be the New Jersey county in which LaunchLayer’s principal place of business is located, subject to any different location required by applicable law.

The arbitrator may award any individual remedy that a court could award under applicable law, subject to every enforceable limitation in these Terms. The arbitrator will issue a reasoned written decision.

Arbitration fees will be allocated under the applicable AAA rules and applicable law. LaunchLayer will pay any amount that applicable law or the AAA Consumer Arbitration Rules require LaunchLayer to pay for the arbitration provision to be enforceable.

Issues concerning whether an agreement to arbitrate was formed will be decided by a court unless applicable law permits and requires otherwise. Other questions concerning interpretation, applicability, validity, or scope may be decided by the arbitrator to the extent permitted by law.

27.2Exceptions

Either party may:

  1. 1.bring an eligible individual claim in small-claims court;
  2. 2.seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent actual or threatened infringement, unauthorized access, fraud, or misuse of intellectual property or confidential information while arbitration is pending; or
  3. 3.report a matter to or seek relief from a government agency where applicable law permits.

These actions do not waive arbitration of other claims or remedies.

27.3Relationship to a Signed Services Agreement

If you and LaunchLayer execute a Signed Services Agreement and that agreement’s dispute-resolution provision applies to the dispute, the Signed Services Agreement’s dispute-resolution provision supersedes this Section.

This Section is not intended to create a second arbitration proceeding for the same project-related dispute.

28CLASS-ACTION AND REPRESENTATIVE-ACTION WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND LAUNCHLAYER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY.

NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not combine different persons’ claims or preside over a representative proceeding without the written consent of every affected party.

If this waiver is finally determined to be unenforceable for a particular claim or request for relief, that claim or request will proceed in court and not in class arbitration. Any enforceable individual claims will remain subject to arbitration.

Nothing in this Section prevents a person from reporting conduct to a government agency or participating in an agency proceeding to the extent that right cannot lawfully be waived.

29JURY-TRIAL WAIVER

FOR ANY DISPUTE THAT IS PERMITTED OR REQUIRED TO PROCEED IN COURT, YOU AND LAUNCHLAYER KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

30Governing Law and Court Venue

New Jersey law governs these Terms and Site-related disputes without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the arbitration provisions.

For any dispute that is not subject to arbitration, the parties consent to exclusive jurisdiction in the state courts located in the New Jersey county where LaunchLayer’s principal place of business is located and, when federal jurisdiction exists, the United States District Court for the District of New Jersey.

This choice of law and venue does not waive a mandatory protection that applicable law does not permit the parties to waive.

31Time Limit for Claims

To the maximum extent permitted by applicable law, any claim arising out of or relating to the Site or these Terms must be commenced within one year after the claim accrued or it will be permanently barred.

This Section does not shorten a statutory period that applicable law prohibits the parties from shortening and does not apply where the one-year period would be unenforceable.

A project-related claim remains subject to the limitations provision in the applicable Signed Services Agreement.

32Suspension and Termination

LaunchLayer may restrict, suspend, or terminate your permission to use the Site if:

  • you violate these Terms;
  • your activity presents a security, legal, or operational risk;
  • a government or service provider requires the restriction;
  • continued access could harm LaunchLayer or another person; or
  • LaunchLayer discontinues the Site.

To the maximum extent permitted by law, LaunchLayer is not liable merely for restricting or terminating Site access in accordance with this Section.

Upon termination, the limited Site license ends immediately. Provisions concerning ownership, submissions, disclaimers, liability, indemnification, dispute resolution, governing law, and other provisions that by their nature should survive will remain effective.

33Electronic Communications

By submitting an inquiry, you consent to receive electronic communications reasonably related to that inquiry, including responses, scheduling communications, document requests, and potential project information.

Submitting an inquiry does not, by itself, consent to unrelated promotional marketing and does not create a Signed Services Agreement.

You are responsible for maintaining an accurate email address and for checking spam or filtering systems.

Electronic records, notices, and signatures may be used to the extent permitted by applicable law. However, payment, an email, or Site-form submission does not replace the signatures required by a Signed Services Agreement.

34Events Beyond Reasonable Control

LaunchLayer is not liable for delay, interruption, or failure of the Site caused by events beyond its reasonable control, including:

  • hosting or network failures;
  • utility outages;
  • cyberattacks not caused by LaunchLayer’s legally actionable misconduct;
  • natural disasters;
  • severe weather;
  • government actions;
  • labor disruptions;
  • war or civil disorder;
  • public-health emergencies;
  • Internet or telecommunications failures; or
  • third-party platform discontinuation.

This Section does not excuse an obligation that applicable law does not permit LaunchLayer to excuse.

35Assignment

You may not assign or transfer these Terms or your Site-use rights without LaunchLayer’s prior written consent.

LaunchLayer may assign these Terms to a successor or transferee of the LaunchLayer business or substantially all assets relating to the Site, subject to applicable law.

An attempted assignment made contrary to this Section is void to the extent permitted by law.

36No Agency or Third-Party Beneficiaries

These Terms do not create an agency, partnership, joint venture, employment, franchise, fiduciary, or exclusive relationship between you and LaunchLayer.

Except for service providers and licensors expressly protected by the warranty disclaimers, liability limitations, indemnification provisions, and dispute provisions, these Terms create no third-party beneficiary rights.

37Severability and Lawful Construction

Each provision of these Terms is intended to apply only to the maximum extent permitted by applicable law.

If a court or arbitrator determines that a provision is invalid, unlawful, or unenforceable, the provision will be enforced to the maximum lawful extent or modified only as much as necessary to make it enforceable, if permitted by law.

If modification is not permitted, the invalid portion will be severed, and the remaining provisions will continue in effect unless applicable law requires otherwise.

A general savings clause does not authorize LaunchLayer to enforce a term that applicable law expressly prohibits.

38No Waiver

A failure or delay in enforcing a provision does not waive that provision or any other right.

A waiver is effective only if it is in writing and applies only to the specific circumstance stated.

39Entire Agreement for Public Site Use

These Terms and the Privacy Policy constitute the entire understanding concerning general access to and use of the public Site.

They supersede prior statements concerning public Site use but do not supersede or modify a Signed Services Agreement, confidentiality agreement, or another separate written agreement signed by the applicable parties.

40Changes to These Terms

LaunchLayer may revise these Terms prospectively to reflect changes in the Site, business, technology, risks, or applicable law.

The “Last Updated” date identifies the most recent revision. Revised Terms become effective when posted unless another effective date is stated.

Where applicable law requires additional notice or affirmative consent for a material change, LaunchLayer will provide the required notice or request the required consent.

Changes to these Terms do not retroactively modify an existing Signed Services Agreement.

Your continued use of the Site after revised Terms become effective constitutes acceptance only to the extent permitted by applicable law.

41Interpretation

Headings are for convenience and do not limit the provisions they introduce.

“Including” means “including without limitation.”

“Written” and “writing” include email and electronically stored records where permitted by law.

These Terms will be interpreted fairly according to their language and not automatically against either party merely because one party prepared them.

42Contact Information

The Site is operated by:

Archith Raman

New Jersey sole proprietor operating the LaunchLayer service

Location:
New Jersey, United States

Questions concerning these Terms may be sent with the subject line “LaunchLayer Terms Question.”

Formal Site dispute notices must follow Section 26. Service of a lawsuit, subpoena, or other legal process must satisfy applicable law; an ordinary email does not constitute formal service unless LaunchLayer expressly acknowledges service or applicable law provides otherwise.