General Terms & Conditions

CUSTOMERS: These General Terms and Conditions (Terms) govern your use of  BRAINS LLC., dba Fund Launch’s (Company) website and the Company’s network of services, including without limitation, Alt St, Wall Street Rebel Insider, Fund Academy and Free Course (together Company Services).  By accessing or using the Company’s website or Company Services in any way, you expressly acknowledge and agree to be bound by these Terms.  It is your exclusive obligation to review these Terms.  If you do not agree to be bound by all provisions, please exit the website promptly and do not access the Company Services.

These Terms together with the information and disclaimers that are found on the Company’s website and/or mobile app form the contract between you and the Company.

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1.     STATEMENT OF INTENT:

The Company’s primary objective is the protection of its services, network, customers, and employees. Accordingly, Company reserves the right to take whatever measures it deems necessary to secure its services, network, customer, and employees against abuse. This includes, but is not limited to:scanning for open mail relays, virus filtering, and spam mitigation, as examples. Company further reserves the right to take whatever actions it deems appropriate to enforce its Terms including, but not limited to, account suspension or termination.

Company reserves the right to change its Terms at any time without prior notice to you. Your continued use of Company’sServices constitutes your consent to be bound by the latest Terms. The latest Terms will always be posted online at www.fundlaunch.com.

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2.     WAIVER OF WARRANTY AND LIMITATION OF LIABILITY.

UNLESS OTHERWISE STATED IN THE COMPANY SERVICES: (A) YOUR USE OF THE COMPANY SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY, AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO COMPANY SERVICES PROVIDED,IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT; (B) WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT THE COMPANY SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS OR MALWARE FREE; AND (C)  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COMPANY SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS AND/OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.  

YOUR EXCLUSIVE REMEDY AND COMPANY’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THESE TERMS AND/OR YOUR USE OF THE COMPANY SERVICES, SHALL BE LIMITED TOTHE AMOUNT YOU PAID COMPANY FOR THE COMPANY SERVICES FOR THE PRECEDING SIX-MONTH PERIOD.

IN NO EVENT SHALL COMPANY, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL,PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM BODILY HARM, PERSONAL INJURY, LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE COMPANY SERVICES,OR INABILITY TO USE THE COMPANY SERVICES.

ANY LEGAL ACTION ARISING OUT OF ANY ALLEGED FAILURE, MALFUNCTION OR DEFECTS IN COMPANY’S SERVICES OR HARDWARE SHALL BE BROUGHT WITHIN A PERIOD OF ONE (1) YEAR OF THE OCCURRENCE OR IS DEEMED WAIVED.

IF YOU ARE DISSATISFIED WITH THESE TERMS OR THE COMPANY SERVICES, YOUR SOLE REMEDY AND EXPRESS OBLIGATION IS TO STOP USING THE COMPANY SERVICES.IN THE EVENT YOU FAIL TO STOP USING THE COMPANY SERVICES AND CLAIMS SOME INJURY AS THE RESULT, YOU AGREE TO INDEMNIFY AND HOLD COMPANY HARMLESS FROM ANY ANDALL LOSSES OR DAMAGE, INCLUDING ATTORNEY’S FEES INCURRED BY COMPANY IN DEFENSE OF ANY ACTION INITIATED BY YOU OR A THIRD PARTY.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

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3.     INTELLECTUAL PROPERTY.

For purposes of these Terms, “Content and Material” is defined as any information, communications, software, published works, training, designs, photos, video, graphics, music, sounds, code, or other material that can be viewed or heard by users while using Company’s website, network or Company Services, and which was created by Company. All of the Content and Material is subject to United States and international copyright, trade dress, trademark and/or other intellectual property laws with all rights thereto held by Company. Use of any Content and Material without prior written authorized by Company is strictly prohibited and may subject You to liability.

If You know of, or suspect, copyright or trademark infringement or other unauthorized or improper use of Company’s property by others, including but not limited to uses for commercial purposes, please notify Company.

DigitalMillennium Copyright Act. Company has not taken and will not take content or material from you or any third party unless it has been assigned to Company pursuant to law. However, if You are a copyright holder and have a good faith belief that any content or materials posted on this Website infringes Your copyright, please send to Company Your notification of claimed infringement requesting the material to be removed or blocked to the following:

Fund Launch
[        ]
Phone: [        ]
Legal Response Email: [      ]

Your notice must contain the following: (a) Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works, including title(s),author(s), any U.S. Copyright Registration number(s), URL(s) etc.; (b)Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the copyright holder’s work(s) (for example, filename or URL of the page(s) that contain(s) the material); (c) Your contact information so that we can make contact with You (including for example, your address, telephone number, and email address); (d) A statement that You have a good faith belief that the use of the material identified above in “b” is not authorized by the copyright owner, its agent, or the law; (e) A statement, under penalty of perjury, that the information in the notification is accurate and that You are authorized to act on behalf of the copyright owner; and (f)Your signature. Prior to sending us notice, You may wish to consult a lawyer to determine Your rights and legal obligations under applicable laws. Nothing here or anywhere on this Website is intended as a substitute for qualified legal advice. You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from the Website without liability to you or any other party.

4.     CUSTOMER REPRESENTATIONS:

(a)           TheseTerms, together with updates and information on line by the Company through its website or mobile app, constitutes the entire agreement between me: the“Customer”, and the “Company” pertaining to the subject matter herein: 

(b)        I declare and warrant that I am legally able to enter into these Terms and agree to be bound by these Terms. 

(c)        As a Customer, I am granted the right to use the Company Content and Material included in theCompany Services for starting a fund on my own. My funds and money raised are for personal or my business use. 

(d)        I understand that these Terms will remain in effect unless cancelled in writing by Company or me upon written notice. Notwithstanding cancellation the prohibition provisions of these Terms survive.

(e)        I authorize theCompany to use my Credit Card for Company fees as well as PAYPAL or STRIPE App.

(f)         As Customer I am an independent Investment Fund entrepreneur in my name or my company name and I am solely responsible for all of my own expenses, decisions and actions.  

(g)        As Customer I do not represent the Company and cannot bind the Company in any way, nor represent the Company in any way.  

(h)        As a Customer I am forbidden from making claims about the Company and its successes or projected profits or training and educational programs except to say theCompany has been a positive help in my Investment Fund projects and anyone interested should make their own determinations as to becoming a customer through their own due diligence.   

(i)         I am solely responsible for any and all representations I make to others regarding the Company and its business model. 

(j)         I am not allowed to make representations of having any unique relationship with theCompany.  

(k)        As Customer I am personally and solely responsible for any detrimental comments or claims I make toward the Company, the trainers, and/or other customers or potential customers.  

(l)          As Customer I agree and acknowledge that I am not allowed to give other customers financial advice or Company Content and Material on behalf of the Company.

(m)       As Customer I am not allowed to transfer my rights to another person for the training programs or the use of Company Services.  

(n)        As Customer I agree to allow Company to record the trainings provided to me as Customer and from time to time use those recordings and my image for marketing, success stories and training purposes. Recordings are the sole property of Company and can be used at its exclusive discretion.  

(o)        If as a CustomerI am found in violation of any of these Terms, then my privileges with Company may be revoked/terminated at any time by the Company but the protections for the Company will survive.

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5.         WEBSITE

As a unique service that is provided by Company, Customer will have free access to the website(s): www.fundlaunch.com 

The website is offered by Company to Customer as a resource to Content and Material through the Company Services. There is no fee to be associated with the website, but approval and termination of customers on the website is within the exclusive right and purview of Company. Company can limit and/or remove anyone from the website at any time.

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6.         CONSENT OF USE OF DATA

By using our website, you may provide or generate certain content, including but not limited to personal information, documents, feedback, and other materials (collectively, the “Content”). You are solely responsible for the Content you submit or create on the website. While Company may, at its discretion, back up certain Content, we do not guarantee the preservation or backup of any Content, nor are we liable for any loss of Content you upload or otherwise make available on the website.

You consent to Company’s collection and use of Content, technical data, and related information, which may be gathered periodically to facilitate software or program updates, enhance product support, and deliver other services related to the website. Additionally, Company may collect and analyze data generated through your use of the website for statistical and usage pattern analysis. Such data may be used or shared, in a form that does not personally identify you, to improve our products and services or to develop new technologies and offerings.

For SMS communications, message frequency may vary per user. Message and data rates may apply. For help, text HELP. To unsubscribe, text STOP. Carriers are not liable for delayed or undelivered messages.

7.         FUND MANAGER/AGENT/FINANCIAL ADVISOR/DEALER

If you are not a licensed advisor or agent then you should seek the services of a licensed agent/broker to protect your side of any investment fund transactions in all the States in which you are residing and raising or distributing funds. It is not a requirement that you hire a broker/agent but isa good practice.

8.         CONFIDENTIALITY

Company has invested a lot of time and money into the Company Content and Materials. As a result of signing up for the use of the CompanyServices, including without limitation, programs and/or participating in training, Customer agrees not to duplicate, repackage, or re-sell any proprietary products including, but not limited to; all Content and Materials.Customer agrees not to compete with Company and/or attempt to market a similar concept or product for the period of two years from the date of Customer’s written cancellation with Company. The non-competition and confidentially agreement extends to all family members, friends, acquaintances, and business associate of Customer. Customer shall not utilize the Company Services, including without limitation, Content and Material in a manner including but not limited to:

•Selling the training and educational materials to view or otherwise allowing anon-paying person to use them by proxy of Customer.

•Duplicating the Content and Material of Company.

•Sharing the Content and Material with non-paying people using screen share technology in an effort to circumvent paying the Company fees.

•Sharing the Content and Material with non-paying people using smart phone, television, projector, or other such devises for the purpose of personal gain or in order to circumvent paying the Company fees.

•Providing any information gleaned from the Company Content and Material to a non-paying person for that person’s benefit, monetary or otherwise.

•Inviting a non-paying person to participate, incognito during a training session for that person’s benefit, monetary of otherwise.

•Recording training or educational sessions and sharing them with non-paying person for that person’s benefit, monetary of otherwise

9.         INDEMNIFICATION

Customer agrees to indemnify Company against all losses incurred as a result of customers violation of these Terms. Additionally, if Customer elects to use Company Content and Material, and if Customer is under anon-compete, non-circumvent agreement with any other companies for any reason for any period of time, regardless of the validity of those agreements, Customer will be responsible to defend Company against all claims, actions, attorney fees, court costs, and/or judgments arising from such agreements.

10.         MEDIATION & ARBITRATION

In the event a dispute arises with Customer and/or Company, the parties to the dispute MUST use mediation efforts in an attempt to resolve the dispute. Should mediation fail, the parties agree to submit to binding arbitration pursuant to the Utah Arbitration Act. Under this agreement, Customer can pursue their dispute and seek damages, but Customer is waiving their right to have it decided by a judge or jury.

11.       JURISDICTION

These Terms shall be governed by the laws of the State ofUtah.  Mediation and Arbitration shall be conducted in Salt Lake City, Utah or any other city in Utah as agreed to by the parties.  

12.       SEVERABILITY AND ATTORNEY FEES

If any portion of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and not be affected by the invalidity of any other provision. In the event of a dispute between the Company and Customer it is agreed that the prevailing party to any such dispute may recover its reasonable attorney fees and costs for enforcement of this agreement.

13.       DISCLOSURES/DISCLAIMERS: (READ CAREFULLY)

Customer agrees and acknowledges to hold the  Company and ALL who provide the Content andMaterial of the Company blameless and harmless for all losses Customer may incur as a result of the use. The Company intent, through its services and website is to be a free exchange of thoughts and ideas associated with investment funds. In the event a trainer, customer, or representative of Company, or a visitor to the website shares an investment fund matter, Customer must use that information with extreme caution and Customer is responsible to do their own personal due diligence before entering into any investment fund transaction they participate in.  

In the event you ask other customers or trainers or any representative of the Company their thoughts or opinions on an investment fund transaction, or if you read the dialogue from such a discussion on the Company website between other persons, you hereby  agree to hold ALL involved including the Company, blameless and harmless for all losses incurred from any and all investment matters. The Company website, Company Services and Content and Material are for educational purposes only.Company and trainers will sometimes draw attention to potential investment fund issues, however, you hereby  acknowledge and understand that any type of discussions, training or Customer Services does not constitute the Company giving financial advice, investment fund advice, nor encouragement to make a purchase. You are responsible to conduct your own due diligence on any investment or fund opportunities  and you are personally and solely responsible for the outcome of those transactions.  

*ASA CUSTOMER I KNOW INVESTMENT FUND TRANSACTIONS ARE COMPLICATED AND I PERSONALLY ASSUME ALL RISK OF LOSS OF ANY MONEY OR DEPOSITS I MAKE RELATING TO ANY INVESTMENT FUND TRANSACTION USING THE COMPANY SERVICES INCLUDING WITHOUT LIMITATION TRAINING PROGRAMS AND I AGREE TO RELEASE AND HOLD COMPANY HARMLESS AND BLAMELESS FROM ALL LOSSES.

FINAL NOTICE

There are no guarantees or certainties in the world of investment funds. Reliability of investment profits and losses are in probabilities only and subject to many risk factors. Good investment fund deals involve hard work, risk, discipline and the ability to follow rules through volatile markets and fair market valuations that can be variable. If you are looking for a guarantee, starting a fund is not for you. Most people lose in investment fund matters. One of the reasons is that they lack discipline and are unable to comprehend all the legal and market issues about investment funds.

Bridger Pennington & Mason Vranes

BRAINS LLC