Terms and Conditions

Five Crown Enterprise LLC User Agreement (Mike Phillips Media) – as of March 5, 2024

Welcome to the Five Crown Enterprise LLC/Mike Phillips Media (“Vision Launchpad) User Agreement.

This User Agreement (the “Agreement”) is a legal agreement between you and FIVE CROWN ENTERPRISE LLC and it governs your use of the Vision Launchpad website and service (the “Service”). By using the Service, you consent to terms of this Agreement and to the terms of the Vision Launchpad Privacy Policy posted on our website. If you do not consent to all the terms of this Agreement and Privacy Policy, you are without authorization to use the Service.

Accessing the Service

The Service is made available to you only for your private use, or if you are signing up on behalf of your company, for the use of your company. You must be a registered user on the

https://visionlaunchpad.growbotic.io/auth/login

platform to access the Service. Please keep your Vision Launchpad password secure. If you lose your password for your account, you will not be able to access your data and will need to contact Vision Launchpad directly to recover. You and your company are solely responsible for any activity that occurs under your user name, including, without limitation, all SPAM and other legal compliance.

Communications

When you visit Visionlaunchpad.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, through your Vision Launchpad workspaces, or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Phone (Voice & Text Messages)

You consent to receive text message(s) when filling webforms, reaching out to support, placing an order, scheduling a call, etc. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Data

In using the Service, you acknowledge that we and/or our third party partners are authorized to copy and store such data for backup purposes and to access same to extent necessary for support purposes. You agree to comply with all data privacy and other laws with regard to the data we store for you. You shall defend and indemnify us for any claim, costs or damages that may arise from your breach of your obligations set forth in this Agreement. In the event we are served with legal process to turn over your data, unless prohibited by law, we shall endeavor to provide you advance notice before turning over said data.

Information Collected

The Software that runs the Service (the “Vision Launchpad SaaS”), may collect certain non-personally identifiable information on your computer, including, but not limited to performance metrics, and configuration settings. This information collected will be sent to Five Crown Enterprise and Mike Phillips Media may be used by Five Crown Enterprise and Mike Phillips Media to improve our Service.

Credit Card Charges and Credit Card Fraud Penalties

User warrants that he or she is over 18 years of age and is of legal age to enter into contractual agreements in the state in which User is present when User makes this purchase, and is the true and authorized owner of the credit card used to make this purchase. User’s violation of any of these requirements may result in civil or criminal prosecution. Any fraudulent usage of User’s own credit card, against Five Crown Enterprise, authorizes Five Crown Enterprise's contact with User’s credit card companies in order to ascertain information related to such fraud. User agrees that if he or she uses fraudulent means to receive more than one refund or if causes a fraudulent dispute claim that results in a chargeback against the Five Crown Enterprise's account, that the Five Crown Enterprise is authorized to re-charge the User’s credit card that was used for the original purchase to the extent that will make the Five Crown Enterprise whole. User may also be liable for additional damages.

Modification of Service/Agreement

There are times when Five Crown Enterprise may modify, suspend or discontinue providing the Service. Unless prohibited by judicial or other similar order, Five Crown Enterprise will notify you of any modification, suspension, or discontinuance of the Service, either by sending an email to the email address you provide with your registration, notifying you in your Vision Launchpad workspaces, or by a posting on the VisionLaunchpad.com website. Five Crown Enterprise may modify this Agreement and the amendments will be effective upon acceptance of registration for new users and will be effective for you 30 days after we post any amended terms on the Visionlaunchpad.com website. If you do not agree to the changes, you will have to terminate your account at that time.

Rights to Software and Service

The Vision Launchpad SaaS is licensed to Five Crown Enterprise LLC by our third party partners. You may not sell or distribute the Vision Launchpad SaaS or Service to anyone else. Your registration for the Service grants you a non-exclusive, non-transferable, non-sublicensable license to one account only for the purpose of accessing and using the Service. Except for the limited license granted in this Agreement, all rights in and to the software and Service are expressly reserved, and no implied licenses are granted by Five Crown Enterprise.

Termination of Agreement

You may terminate your Service at any time by extracting your data and contacting Vision Launchpad support at [email protected]

Your rights to use the Service shall automatically terminate upon your breach of the terms and conditions of this Agreement. Five Crown Enterprise may refuse, or discontinue participation of, any user at any time at its sole discretion.

When the Service is terminated, you will no longer have access to your data; however, if the termination of service is for any reason other than due to your breach, we shall endeavor to make your data available for you to download for a period of thirty (30) days before removing your workspace from the system. Thereafter, Five Crown Enterprise has no obligation to provide you with a copy of your data and may remove and discard any data.

Refunds

All sales are final with a NO REFUND policy.

Limitation of Liability

THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. FIVE CROWN ENTERPRISE AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, AND/OR USE THE SOFTWARE AND SERVICE (AND ALL THIRD-PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE OR SERVICE) AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE AND SERVICES.

UNDER NO CIRCUMSTANCES SHALL FIVE CROWN ENTERPRISE, OR ITS SUPPLIERS, FIVE CROWN ENTERPRISE, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SOFTWARE OR SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF FIVE CROWN ENTERPRISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF FIVE CROWN ENTERPRISE, AND ITS SUPPLIERS, FIVE CROWN ENTERPRISE, PARTNERS AND THEIR RESPECTIVE AFFILIATES, ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO FIVE CROWN ENTERPRISE FOR THE SOFTWARE OR SERVICES. IF THE SOFTWARE AND SERVICES ARE PROVIDED WITHOUT CHARGE, THEN FIVE CROWN ENTERPRISE AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE SOFTWARE OR SERVICE, FROM INABILITY TO USE THE SOFTWARE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY, NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Assignments

You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of Five Crown Enterprise. Five Crown Enterprise may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning.

Disputes

This Agreement, and the rights and obligations of the parties hereunder, are to be governed by, construed and interpreted in accordance with the laws of the State of Wyoming applicable to contracts made and to be performed wholly within Wyoming, without regard to choice or conflict of laws rules. All disputes shall be adjudicated solely in the courts located in Sheridan County, Wyoming and you agree to the personal and exclusive jurisdiction and venue of these courts. Any judgment shall be given full faith and credit in any other jurisdiction in the world.

Miscellaneous

The failure of Five Crown Enterprise to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If, for any reason, a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Five Crown Enterprise.

Contact

Users with questions about this Agreement may contact Five Crown Enterprise as follows:

Five Crown Enterprise LLC

30 N Gould Street

Suite R

Sheridan, WY. 82801

Email: [email protected]