By signing up for a RealLaunch Service you agree to comply with the following terms:
- Each RealLaunch Service is provided as software as a service. Failure to pay ongoing subscription fees and/or setup installments will result in termination of this agreement and closure of the RealLaunch Service website. You will not receive a refund for monies paid. A credit card is required to pay monthly subscription fees.
- Each RealLaunch Service includes web files, images, pieces of text, and programmed code (‘CONTENT’). RL retains ownership of all CONTENT created by RL for each RealLaunch Service.
- Signing up for a RealLaunch Service is not a joint venture. RL does not guarantee increased sales, leads, or website activity.
- RealLaunch Service are sold as a product. Upgrades to new versions are not included in the subscription fee and are subject to additional upgrade fees.
The person and/or company signing below (the “CUSTOMER”) makes this agreement in favor of Big Fresh Inc. and associated businesses (Tech Help and RealLaunch), hereby referred to as the “COMPANY”.
A RealLaunch Service refers to a specific website with a specific URL and is provided to the CUSTOMER as a subscription-based ‘software as a service’. Failure to pay ongoing subscription fees will result in termination of this agreement. The COMPANY retains full ownership of domain name (unless originally purchased by CUSTOMER), web files, web programming, and content for each RealLaunch Service website. It is expressly understood that this undertaking is not a joint venture with the CUSTOMER. The COMPANY does not guarantee increased sales or increased site activity.
By signing up for any products with RL, you agree to comply with the following terms:
Impersonation – You may not impersonate others through RealLaunch Services, Live City Guides, or Valuation Sites.
Private Information – You may not publish other people’s private and/or confidential information, such as credit card numbers, Social Security Numbers, personal phone numbers/addresses without their authorization.
Unlawful Use – You may not use any RealLaunch products for any unlawful purposes or illegal activity. International users must comply with all local laws regarding online conduct.
Adult Content – You may not use any RealLaunch product to advertise or promote adult content.
“Competing Business” means any business whose efforts are in competition with the efforts of the COMPANY. A Competing Business includes any business whose efforts involve any research and development, products or services in competition with products or services which are, during and at the end of the Term, either (a) produced, marketed or otherwise commercially exploited by the COMPANY or (b) in actual or demonstrably anticipated research or development by the COMPANY.
“Confidential Information” means any information that (a) relates to the business of the Company, (b) is not generally available to the public, and (c) is conceived, compiled, developed, discovered or received by, or made available to, me during the Term, whether solely or jointly with others, and whether or not while engaged in performing work for the Company. Confidential Information includes information, both written and oral, relating to Inventions, trade secrets and other proprietary information, technical data, products, services, finances, business plans, marketing plans, legal affairs, suppliers, clients, prospects, opportunities, contracts or assets of the Company. Confidential Information also includes any information which has been made available to the Company by or with respect to third parties and which the Company is obligated to keep confidential.
Non-Solicitation and Non-Competition
During the Term and for one year after the end of the Term, CUSTOMER will not be employed by, perform services for, participate in the ownership, management, control or operation of any Competing Business. During the Term and for two years after the end of the Term, CUSTOMER will not induce, or attempt to induce, any employee or independent contractor of the COMPANY to cease such employment or relationship to engage in, be employed by, perform services for, participate in the ownership, management, control or operation of, or otherwise be connected with, either directly or indirectly, any other entity.
Termination of Relationship
CUSTOMER agrees that at the end of the Term CUSTOMER will deliver to the COMPANY (and will not keep in possession, re-create or deliver to anyone else) any and all Materials and other property belonging to the COMPANY, its successors or assigns. COMPANY reserves the right to terminate the software as a service subscription at any time.
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement or any other agreement between the COMPANY and CUSTOMER. This Agreement will survive the end of the Term.
Governing Law; Jurisdiction; Venue
This Agreement will be governed by the laws of the state of Washington without regard to principles of conflicts of law. CUSTOMER irrevocably consent to the jurisdiction and venue of the state and federal courts located in King County, Washington in connection with any action relating to this Agreement. CUSTOMER will not bring any action relating to this Agreement in any other court.
Neither this Agreement nor any provision may be amended except by written agreement signed by the parties.
No waiver of any breach shall be considered valid unless in writing, and no waiver shall be a waiver of any subsequent breach.
CUSTOMER has carefully read all of the provisions of this Agreement and agree that (a) the same are necessary for the reasonable and proper protection of the COMPANY’’s business, (b) the COMPANY has been induced to enter into and/or continue its relationship with CUSTOMER in reliance upon CUSTOMER compliance with the provisions of this Agreement, (c) every provision of this Agreement is reasonable with respect to its scope and duration, (d) CUSTOMER has executed this Agreement without duress or coercion from any source, and (e) CUSTOMER has received a copy of this Agreement.