Terms & Conditions of Use
productlaunchhazzards.com (“Product Launch Hazzards”, “us” or “we” or “our”) is owned by Hazz Design Consulting, Inc. and is designed to be a resource for inventors, product developers, designers and anyone who is looking to launch their product. Product Launch Hazzards offers access to a variety of services through the Product Launch Hazzards Website (as defined below) and related online features and resources (any and all such services, features, resources and information provided on or through the Product Launch Hazzards Website shall be collectively referred to herein as the “Services”). The purpose of this Terms of Use Agreement (“Agreement”) is to set forth the terms under which you agree to be bound while visiting our website and/or using our Services. If after reading this Agreement you do not agree with its terms or you do not understand them, then you are not authorized to use the Services and if you have already begun using the Services, you should discontinue using them immediately.
This Agreement includes Product Launch Hazzards’ policy for acceptable use of the Services and content posted on www.Product Launch Hazzards.com (including its various sub-pages) and any other website owned and operated by Hazz Design Consulting, Inc. (together, the “Product Launch Hazzards Website”), your rights, obligations and restrictions regarding your use of the Services, and Product Launch Hazzard’s privacy policy. We may modify this Agreement from time to time; if we do, we will post the new version of this Agreement on the Product Launch Hazzards Website. You are advised to check for new versions of this Agreement from time to time by clicking the appropriate link on the Product Launch Hazzards Website, and unless you notify us in writing otherwise within three (3) days of such new Agreement being posted to the Product Launch Hazzards Website, you agree to be bound to any and all new versions of this Agreement effective as of the date any such modification is posted.
The Product Launch Hazzards Website is owned and operated by Hazz Design Consulting, Inc. which is solely responsible for its operation. The Product Launch Hazzards Website has no official affiliation with any inventors group or Amazon seller group.
Your Product Launch Hazzards profile may not include photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Keep in mind that information provided by other Product Launch Hazzards users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material. You can report instances of misuse of the Services by other users by sending an email to info@productlaunchhazzards.com.
We reserve the right to reject, refuse or remove anything posted, uploaded, created, sent or received (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. Product Launch Hazzards expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Services if Product Launch Hazzards determines, in its sole discretion, that you pose a threat to Product Launch Hazzards and/or its users.
In order to use the Services, the information you submit must be truthful and accurate. You also must be 18 years of age or older in order to use the Services. You may not use the account, username, or password of another user at any time. Only individuals may register for and use the Services; companies, corporations and partnerships may not use the Services in connection with any commercial endeavors. You may not collect the email addresses or use names of the users of the Services for the purpose of sending unsolicited email.
You agree that we may provide notices and our newsletter to you via email sent to an address you provided. You agree to keep your contact information up to date.
You may choose to post certain text, files, images, photos, video, sounds, musical works, works of authorship, or other materials to the Services. With regard to any content posted on the Services or shared via private calls with any Product Launch Hazzards user, you represent and warrant that: (i) you own the content or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. We reserve the right to delete any content that violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.
Content that (1) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (2) harasses or advocates harassment of another person; (3) exploits people in a sexual or violent manner; (4) contains nudity, violence, or offensive subject matter or contains a link to an adult website; (5) solicits personal information from anyone under 18; (6) provides any telephone numbers, street addresses, last names, URLs or email addresses without the permission of their owner; (7) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (8) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (9) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; (10) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (11) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (12) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (13) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (14) includes a photograph of another person that you have posted without that person’s consent, may not be posted on or through the Services.
Activities such as (1) criminal or tortuous activities, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; (2) advertising to, or solicitation of, any user to buy or sell any products or services through the Services; (3) any automated use of the system, such as using scripts to add friends or send comments or messages; (4) interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services; (5) attempting to impersonate another user or person; (6) using the account, username, or password of another user at any time or permitting any third party to access your account; (7) selling or otherwise transferring your profile; (8) using any information obtained from the Services in order to harass, abuse, or harm another person; or (9) using the Services in a manner inconsistent with any and all applicable laws and regulations, are not permitted.
Product Launch Hazzards is not responsible for any incorrect or inaccurate content posted on the Product Launch Hazzards Website or in connection with the Services. Profiles created and posted on the Product Launch Hazzards Website may contain links to other websites, and we are not responsible for the content, accuracy or opinions expressed on such websites. Under no circumstances shall Product Launch Hazzards be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at any Product Launch Hazzards event, from any content posted on or through the Services, or from the conduct of any users of the Services, whether online or offline. The Services are provided “AS-IS” and as available and Product Launch Hazzards expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Product Launch Hazzards cannot guarantee and does not promise any specific results from use of the Services.
In no event shall Product Launch Hazzards be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if Product Launch Hazzards has been advised to the contrary contained herein, Product Launch Hazzards’ liability to you for any cause whatsoever and regardless of the form of the action, will at times be limited to one month’s membership amount paid, if any, by you to Product Launch Hazzards for the services during the term membership.
You agree to indemnify and hold Product Launch Hazzards, its subsidiaries, its experts and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Product Launch Hazzards Website or through the Services causes Product Launch Hazzards to be liable to another.
When holding a virtual or in person private meeting with Product Launch Hazzards Experts Tracy Hazzard, Tom Hazzard or their staff, they off you protection under this mutual non-disclosure agreement.
Hazz Design Consulting, Inc., productlaunchhazzards.com offers confidentiality for your idea when you disclose it to us during a private call, even if you have not applied for a patent. Please read the below carefully. If you do not understand it please consult with a professional legal adviser. The Agreement its activated when you submit your call appointment booking form and executed once you begin your call. We look forward to learning about your product!
AGREEMENT TO KEEP INFORMATION CONFIDENTIAL
This Agreement to Keep Information Confidential is made and entered into by and between you, the discloser of a product idea (“Ideator”) and the Product Launch Hazzards Experts Tracy Hazzard, Tom Hazzard or their staff, a California corporation together with its advisers and affiliates, (“Reviewer”).
- Ideator has developed and owns all rights to an idea (“Product”) and wishes to disclose the Product to Reviewer for evaluation of a possible business relationship (“Disclosure”). Execution of this agreement is automatic once Ideator commences a private call with Tracy Hazzard, Tom Hazzard, or thier staff. Both Ideator and Reviewer want the Disclosure to remain confidential and proprietary to Ideator as described in this Agreement.
- Reviewer will hold in confidence all information relating to the Product that Ideator discloses to Reviewer hereafter and shall not directly or indirectly disclose to others such information. Reviewer will protect the Disclosure as carefully as it protects its own trade secret information. To avoid misunderstanding, all Disclosure information shall be written (either by text or graphic) or tangible; orally transmitted information is included by this Agreement if audio/video recorded by either Party. Ideator will make clear and keep a record of what information Ideator has disclosed to Reviewer.
- Ideator retains all rights to the Product and Disclosure.
- This Agreement does not apply to any information that was already known by Reviewer at the time of Disclosure or was publicly available at the time of Disclosure. This Agreement will cease to apply if Disclosed information becomes publicly available through no fault of Reviewer, is publicly disclosed by Ideator, is independently disclosed to Reviewer by an unrelated third party, or three years from the date of entering into this Agreement.
- Both Inventor and Reviewer agree that this Agreement does not give either of them any rights to information or property owned by the other. Improvements or modifications to the Disclosure shall be protected under this Agreement when Disclosed as described in section 2.
- This Agreement may be modified or replaced, without notice, at any time. In such event, the version of Agreement in place at the time of submission and Disclosure shall be in effect.
- This Agreement is governed only by California law. Any dispute under this Agreement that cannot be settled by the parties themselves or with the assistance of a mediator within one month of notice of the dispute (except for the issuance of an injunction) will be settled by arbitration on an accelerated basis by a single arbitrator in accordance with the rules of the American Arbitration Association, both mediation and arbitration to be held in Orange County, California USA. Each party will pay its own expenses of mediation and arbitration and equally share the mediator/arbitrator’s fee and facility rental (if needed), unless the arbitrator chooses to require one party to pay all or a portion of the other party’s expenses.
By submitting and booking a call, Ideator understands that s/he is entering into a legally binding Agreement with Hazz Design to protect the confidentiality of the Product idea for review. Ideator’s encouraged to consult with advisors of his/her choice before entering into this Agreement.
rev 030818
Agreed, “Reviewer” Hazz Design Consulting, Inc. representative
Agreed, “Ideator” discloser of an invention, brand or product idea
This mutual non-disclosure is not held to the open forum on the Product Launch Hazzards site or with any Product Launch Hazzards expert except Tracy Hazzard, Tom Hazzard, or their staff. When sharing information to Product Launch Hazzards expert and non-expert users please use caution and enter and mutual non-disclosure with said user directly.
This Agreement shall be deemed to have been executed in Irvine, California, and governed by and construed in accordance with the internal substantive and procedural laws of the State of California without regard to conflict of laws principles. Unless expressly stated otherwise, all disputes arising out of or relating in any way to this Agreement shall be resolved by binding arbitration in Irvine, California using the applicable rules of the American Arbitration Association, and judgment on the award rendered may be entered in any State or Federal Court in the County of Orange, State of California. You consent to the personal jurisdiction and venue of such courts, expressly waive any objection to such jurisdiction and venue, and further consent that any process, notice of motion or other application to such courts or a judge thereof may be served outside the State of California by registered or certified mail or by personal service, provided that a reasonable time for appearance is allowed.
This Agreement is accepted upon your use of the Product Launch Hazzards Website or any of the Services. This Agreement constitutes the entire agreement between you and Product Launch Hazzards regarding the use of the Services. The failure of Product Launch Hazzards to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.