Please read these Terms and Conditions (“T&Cs”) carefully before signing up for the Level Up Development Series LLC (“Program”).
“You” means either (a) in the case of an individual the person over the age of 18 entering into these T&Cs; or (b) in the case of a corporation (or other legal entity) the party for whom the T&Cs is being agreed to on behalf of an authorized person having authority to bind the party; or (c) in the case of the person being less than the age of 18, than with the release of a parent or guardian.
The Program is offered by Level Up Development Series LLC or its respective affiliates (each individually “Level Up”).
By signing up to the program, you agree to be bound by these T&Cs and that there is an exchange of good and valuable consideration, including but not limited to your access to and use of .the data, materials and information through and at this website, including but not limited to the Program.
Level UP reserves the right to amend the T&Cs at any time without prior notice. The T&Cs constitute the entire agreement between you and Level Up with respect to the subject matter hereof and supersedes all other communications, written or oral, with regard to the Program. If you do not wish to be bound by the T&Cs, please do not sign up for the Program.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE T&CS, NO LICENSE IS GRANTED AND THE T&CS EXPRESSLY EXCLUDES ANY RIGHT CONCERNING ANY PROGRAM THAT YOU DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, OR AUTHORIZED, WHETHER EXPRESLY, BY IMPLICATION, OR OTHERWISE, UNDER THESE T&CS.
RIGHTS AND RESTRICTION ON USE. Level Up grants you a limited, nonexclusive, restricted, revocable right to use and a limited access to this website and Program. No content on this website or the Program such as but not limited to audio, video, clips, digital files, data compilations, images, logos, text, or any other proprietary information and intellectual property (together “Content”), is or may be uploaded, republished, sold, resold, distributed or otherwise exploited for any commercial purpose, or for any purpose other than for single computer personal and noncommercial at-home use by you. Title to and all intellectual property rights and ownership rights in and to the Program shall remain with Level up. You acknowledge and agree to abide by all applicable laws.
You shall not (i) modify Content; (ii) may not use Content in any unauthorized or illegal manner; (iii) copy Content that Level Up makes available to you for such purpose on a single computer or personal electronic device for your personal, noncommercial, home use only; (iv) do not use any Content in a manner that suggests an association with any of our products, services or brands without out prior written consent and agreement; and (v) do not download or record Content.
Content is sole and exclusive property of Level Up and is protected by all applicable laws.
REQUIREMENTS. Successful use of the Program may require access to Internet as well as access, use, and an ability to login to Zoom Solutions. Level Up reserves the right, in its sole discretion, from time to time, to make changes or modify the requirements for access and use of the Program or the Website, without notice to liability to you. The requirements (including Internet access and use, electronic devices access and use) may result in additionally incurred fees. You acknowledge and agree that it is your sole responsibility to comply with the requirements of the Website and as applicable Program, including the payment for all Internet and electronic device access.
SHARING DURING PROGRAM. You may engage in communications and discussions of various natures and on a broad range of topics in or during the Program. You may share information at your sole discretion, and if shared, whether intentionally or inadvertently, may not be obscene, threatening, defamatory, invasive of privacy or in anyway harmful to third parties. You may discuss personal matters that may cause you to experience the Program or feel during the Program more intensified and emotional, which might appear or feel excessive. PLEASE DISCUSS ANY QUESTIONS AND ASSUMPTIONS YOU MAY HAVE, OR POSSIBLE NEGATIVE SIDE EFFECTS IN OUR WORK TOGETHER.
WARRANTY. You represent and warrant that you have the legal right and ability to agree to the terms of the T&Cs and that all information or material that you transmit through this website or in the Program is owned by you, is true, accurate and current, including where applicable, credentials required to acquire access to the Program. You agree to defend, indemnity and hold Level Up harmless for all liabilities and damages that may be incurred in any legal action in connection with the above. LEVEL UP MAKES NO WARRANTIES, WHATSOEVER, EXPRESS OR IMPLIED, AND PROVIDES PROGRAM “AS IS”. LEVEL UP SPECIFICALLY DISCLAIMS IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THESE EXCLUSIONS, OR ANY PORTIONS OF THESE LIMITATIONS, SO THE PORTIONS OF THE LIMITATIONS MAY NOT APPLY TO YOU.
FOR THE PURPOSES OF CLARITY, LEVEL UP DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY AND AVAILABILITY OF INFORMATION ON THE WEBSITE OR PROGRAM. THERE ARE NO SATISFACTION GUARANTIES WITH ANY PROGAM OR SERVICE YOU PURCHASE. THIS WEBSITE OR PROGRAM ARE NOT SUBSTITUTES FOR MEDICAL TREATMENT OR ANY OTHER ASSISTANCE OF A HEALTHCARE PROFESSIONAL. NOT ALL PROGRAMS ARE FIT FOR EVERYONE. IF YOU HAVE SPECIFIC CONCERNS, PLEASE CONSULT WITH YOUR HEALTHCARE PROFESSIONAL.
LIMITATION OF LIABILITY. YOU USE THE PROGRAM ENTIRELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCE WILL LEVEL UP, ITS AGENTS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF, OR IN RELIANCE ON, THIS WEBSITE, OR THE PROGRAM.
IN NO EVENT SHALL LEVEL UP BE LIABLE FOR ANY COSTS OF SUBSTITUTE PROGRAMS, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMIATION LOSS OF PROFITS, EMPLOYMENT OR BUSINESS INTERRUPTION, LOSS OF USE OR GOODWILL) ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, EVEN IF IT IS DEEMED FORESEEABLE.
IN ANY CASE, LEVEL UP’S AGGREGATE LIABILITY FOR ALL OTHER CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED NEGLIGENCE, FRAUDULENT MISREPRESENTATION) OR OTHERWISE IN CONNECTION WITH THESE T&CS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PROGRAM THAT CAUSED SUCH CLAIM. IN THE EVENT YOU ARE DISSATISFIED WITH THE PROGRAM AND YOU FAIL TO OR CHOOSE TO NOT ATTEND THE ENTIRE SUNDAY PORTION OF THE PROGRAM, AND WILL NOTIFY LEVEL UP IN WRITING OF YOUR DISSATIFACTION WITH THE PROGRAM NO LATER THAN BY NOON OF THE FOLLOWING DAY, MONDAY, YOU MAY BE ENTITLED TO A CREDIT OR REFUND FOR THAT PROGRAM. IN THE JURISDICATIONS THAT DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF DAMAGES, LEVEL UP’S LIABILITY SHALL BE LIMTED OR EXCLUDED TO THE MAXIMUM EXTENT WITHIN THOSE JURISDICTIONS. NOTHING IN THESE T&CS SHALL BE DEEMED TO EXCLUDE LEVEL UP’S LIABILITY IN RESPECT TO WRONGFUL DEATH OR ANY OTHER LIABILITY, WHICH CANNOT BE EXCLUDED BY LAW.
IN THE EVENT OF ANY DELAYS OR FAILURES TO PERFORM BY LEVEL UP, YOUR SOLE REMEDY IS ENTITLEMENT TO CREDIT FOR THE ENTIRE OR ANY PORTION OF THE EFFECTED PROGRAM. UNDER NO CIRCUMSTANCES SHALL LEVEL UP BE LIABLE TO YOU FOR ANY DELAY OR FAILURE TO PERFORM RESULTING OR ARISING OUT OF ANY EVENT OUTSIDE OF ITS CONTROL OR FORCE MAJEURE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPEMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, NATURAL DISASTERS, PANDEMICS, GOVERNMENT ACTIONS OR NON-PERFORMANCE OF THIRD PARTIES.
TERMINATION. These T&Cs shall remain in force until terminated. You may terminate it at any time by ceasing the use of the Program. Level Up shall be entitled to terminate the T&Cs immediately if you fail to comply with any term or condition in the T&Cs. Provisions, which by their nature remain in effect beyond termination, shall survive. Level Up may terminate these T&Cs at any time.
MEDIA RELEASE. You hereby grant the Level Up Development Series the irrevocable right and permission to use photographs and/or video recordings of you on websites and in publications, promotional flyers, educational materials, derivative works, or for any other similar purpose without any compensation to you.
You understand and agree that such photographs and/or video recordings of you may be placed on the Internet. You also understand and agree that you may be identified by name and/or title in printed, Internet or broadcast information that might accompany the photographs and/or video recordings of you. You waive the right to approve the final product. You further agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of Level Up.
You hereby release and forever discharge Level Up, its current and former trustees, agents, officers and employees from any and all claims, potential claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.
GOVERNING LAW. These T&Cs are governing by the laws of the State of Florida. The T&Cs shall not govern by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these T&Cs shall continue in full force and effect.