Terms of Service
Updated on August 5, 2021
This document sets out the terms for service of the LEVEL 108 platform. It governs the use and services on our platform for users, members, and authors of content that publish and / or distribute on our Platform, collectively (“You” or “Users”). We are committed to creating a safe environment for learning and growth that is transparent. This document represents our agreement with You about Your use of our platform (“the Platform”), please read it.
Our LEVEL 108 Platform can be found at www.level108.com and in the Apple and Android Stores, and also includes all of the subdomains, mobile applications, any other media, location, application, etc. owned, managed, operated, etc. by LEVEL 108.
- LEVEL 108 Learning Platform Products and Services
These Terms of Service (“Terms”) contain the terms and conditions on which we supply content, products or services on the Platform or via other delivery methods to you (the Website, mobile application and such content, products, services and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of LEVEL 108).
Please read these terms and conditions, carefully before ordering any Products or Services on our Platform (from our Website or third party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.). The terms “LEVEL 108,” “us” or “we” refers to LEVEL 108 The term “Device” refers to the device which is used to access the Products and Services including but not limited to computers, smart phones and tablets.
The term “you” refers to the user of the Products. When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of access to the Products. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.
For any questions regarding these terms of service, please contact us email address is info@LEVEL108.com. All correspondence to LEVEL 108 including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address.
- ARBITRATION NOTICE AND CLASS ACTION WAIVER
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND LEVEL 108 AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- BASIS OF LICENSE
(a) These Terms and the Order set out the whole agreement between you and us for the supply of the Products and Services. In order to participate in certain Products and Services, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.
(b) Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Products and Services. If you think that there may be a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing from an officer of LEVEL 108.
(c) AS PART OF YOUR USE OF THE PRODUCTS, YOU AGREE TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES, INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE PRODUCTS. BY USING THE PRODUCTS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT THE UNITED STATES MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXISTS IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION.
- CHANGES TO TERMS
LEVEL 108 reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.level108.com.
Your use of our Platform constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means.
- MEMBERSHIPS AND SUBSCRIPTIONS
- BECOMING A MEMBER
- You may sign up as a registered user of the Products free of charge or buy purchase of a premium membership (a “Member”). You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device.
You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
(c) By registering for a LEVEL 108 account, and Products and Services, you warrant that:
(i) You are legally capable of entering into binding contracts;
(ii) All registration information you submit is truthful and accurate;
(iii) You will maintain the accuracy of such information; and
(iv) Your use of the Products does not violate any applicable law or regulation.
- ONCE A MEMBER
You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.
As a LEVEL 108 Member you will receive access to certain sections, features and functions of the Services and Products that are not available to non-members.
By agreeing to become a Member you may receive occasional special offer, marketing, and survey communication emails with respect to the Product.
LEVEL 108 membership accounts and subscriptions are not transferable and therefore you agree to not sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidized, or free accounts or subscriptions.
- USE OF LEVEL 108 BY MINORS
You must be 18 years of age, or of age in your province, territory or country to be considered not a minor, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age may access our Platform only with the involvement and consent of a parent or legal guardian, and otherwise subject to these Terms of Service.
- SUBSCRIPTIONS AND COURSE PRODUCTS AND SERVICES
- LEVEL 108 account holders may access the Products in multiple ways:
(i) “Free Content”: free programs, content, or courses, of events which (when available) you may have unlimited access to indefinitely.
(ii) Paid Subscription (“LEVEL 108 Premium Memberships”): a subscription fee-based program, which gives access to premium content. You will only have access to premium content while you have an active subscription.
(iii) Purchase course and learning framework content: which may be purchased individually or in bundles within a learning framework, or category of learning.
- You may have access to a free version of our premium content, which automatically converts to a paid annual or monthly subscription term after a certain period of time. In such instances, you, can cancel the automatic conversion.
- You may access LEVEL 108 Premium content in multiple ways: including by purchasing a subscription to the Products from the Website, or within our Apps, where allowed by the App marketplace partners, or through a bundle with one or more of our bundle subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If you purchase through one or more of our bundle subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them.
- You may access LEVEL 108 premium content via a monthly or annual subscription option or purchase of individual courses. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
- Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that LEVEL 108 is authorized to charge the same credit card as was used for the initial subscription fee or other payment method as set forth in this section
- (the “Payment Method”). The monthly renewal subscription fees will continue to be billed to the Payment Method you provided until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
- Our “Yearly” subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that LEVEL 108 is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the non-discounted renewal subscription fee(s). You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
(a) LEVEL 108 may offer special discount pricing options (the “Special Discount Pricing Options”). The Special Discount Pricing Options will permit users to access to the same content included in LEVEL 108 Premium membership; such Special Discount Pricing Options shall only be available to select qualified users. LEVEL 108 reserves the right to determine who is a Qualifying User at our sole discretion.
(b) In the course of your use of the Platform and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to LEVEL 108 and LEVEL 108’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
“Gift Subscriptions” are pre-paid memberships to the Products. A person who purchases the gift is referred to in these terms as the “Giftor”. A person who receives and redeems a Gift Subscription to the Products is referred to in these terms as the “Recipient”. Gift subscriptions are paid for by a one-time upfront payment. Once bought, the Giftor will receive an Order confirmation and receipt. The LEVEL 108 gift subscription will be sent to the Recipient on the Giftor’s specified date. Gifting codes can only be used once in the country for which they were purchased and cannot be redeemed for cash, resold or combined with any other offers, including free trial. Please note that gifting codes cannot be redeemed if the Recipient has already purchased a subscription through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application. We will automatically bill the Payment Method you provided for any purchased Gift Subscriptions at the time of purchase, not delivery. There are no refunds or other credits for Gift Subscription that are not redeemed. LEVEL 108 will notify the Recipient prior to the end of the Gift Subscription that the gift period is about to expire. LEVEL 108 is not responsible if a Gift Subscription is lost, stolen or used without permission.
- CORPORATE AND OTHER CONSUMER COMMUNITIES
Many consumer communities (corporations, universities, hospitals, etc.) (“Community” or “Communities”) purchase and introduce the Products to their employees and members. In some cases, these Communities may supplement these Terms with their own terms and conditions, which may include additional terms around subscription redemption, usage or supplementary payment for LEVEL 108 Plus access. In such event, these Community terms and conditions shall also apply to your use of the Products. In the event of any conflict with such additional terms and these Terms, the additional terms shall prevail.
- CHANGING FEES AND CHARGES
We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
- CANCELLATION OF SERVICES
CANCELLATION BY YOU
(a) You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation by visiting here or emailing help@LEVEL 108.com.
(b) You may cancel a Yearly subscription plan at any time. Cancellation is effective at the end of the applicable annual period. Additionally, our Yearly subscription plan is offered with a 30-day money back guarantee, which entitles you to a full refund upon cancellation and emailing email@example.com to request a refund. Such refund requests must be made within the first 30 calendar days from your first date of payment. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 30-day money back guarantee. No such refunds will apply to subsequent renewals of the Yearly subscription or subscriptions purchased through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application.
Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
CANCELLATION BY US
We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products.
- PROMOTION AND DISCOUNT CODES
Any promotion code or offer (including the Special Discount Pricing Options) provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. No promotion code or discount will apply to corporate or other Community subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.
- PROHIBITED USE OF THE PRODUCTS
You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.
You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
By breaching the provisions of this section, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.
You agree not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of LEVEL 108.
(a) All materials (including software and content whether downloaded or not) contained on our Platform are owned by LEVEL 108 (or our affiliated partners, companies, and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
(b) You acknowledge and agree that certain materials on or in the Services and Products are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of this section against you.
(c) All Audio, Video. Text, and other visual content from LEVEL 108 not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device.
(d) You can not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from us. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.
(e) Select content is authorized for the user to share via text, email or in their personal social channels (Facebook, Twitter, etc.). We will prompt you with such content and with respect to that content made available by LEVEL 108 that is specifically identified as available for distribution by you (“Content for distribution”) , LEVEL 108 grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.
(f) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. LEVEL 108 will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
LEVEL 108®, the LEVEL 108 logo and all other LEVEL 108 product or service marks are trademarks of LEVEL 108. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Products is strictly prohibited. LEVEL 108 will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
- PRODUCTS,ACCESS AND MISTAKES
Although we aim to offer you the best service possible, we make no promise that our Services and Products will meet your requirements and we cannot guarantee the results of usage or that is free of mistakes. If a mistake occurs in the Products, please notify us as at firstname.lastname@example.org and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.
- Your access to the Products may be occasionally restricted to allow for maintenance or updates, or the introduction of new services or software. We will restore the usage as soon as we can. In the event that our platform services or courses are unavailable, we apologize and will honor cancellations in accordance with our policies and terms. Please notify us of changes to your Order at email@example.com
- STUDENT/USER CONTENT
The Products may let you submit material to us: for example, you may be able post comments or images in certain functions or features of the Product. In these Terms, we use the term “User Material” to refer to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information, Product purchase, or Product use information which you provide in registering for and using Products.
- This section sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
- We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.
- We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches this section 7, and we may do this with or without giving you any prior notice.
- We may link User Material or parts of User Material to other material, including material submitted by other users or created by LEVEL 108 or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise LEVEL 108. You acknowledge that we may indirectly commercially benefit from use of your User Material.
- Each time you submit User Material to us, you represent and warrant to us as follows:
(a) You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract.
(b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
(c) Your User Material does not advertise any product or service or solicit any business.
(d) Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.
(e) You will not collect email addresses of users for the purpose of sending unsolicited email.
(f) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
(g) You will not engage in any automated use of the system, such as using scripts to alter our content.
(h) You will not, without authorization, access, tamper with, or use non-public areas of the Products, LEVEL 108’s computer systems, or the technical delivery systems of LEVEL 108’s providers.
(i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or any other LEVEL 108 system or network or breach any security or authentication measures.
We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
- User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant LEVEL 108 an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Products, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. LEVEL 108 may include your User Material in LEVEL 108’s Distribution Content that is made available to others through the Products. Be aware that LEVEL 108 has no control over User Material once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify LEVEL 108 and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
- Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Products, you grant, and you represent and warrant that you have the right to grant, to LEVEL 108 an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that LEVEL 108 has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify LEVEL 108 and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
- LINKS TO WEBSITES/HOME PAGE
We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:(a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Products must not be framed on any other website, nor may you create a link to any part of the Products unless you have written permission to do so from LEVEL 108. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Products other than that set out above, please address your request to firstname.lastname@example.org
- PRODUCTS DISCLAIMER
The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- MEDICAL DISCLAIMER
LEVEL 108 is a provider of online and mobile learning content that includes learning content, content for entertainment, yoga, exercise, and meditation, including content in the health & wellness sector – body, mind and spirit. We are not a health care or medical provider, nor should our Products be considered medical advice. If you have a medical or psychiatric need or emergency, please seek medical assistance from a health care provider or mental health care provider.
While there is third party evidence from research that yoga and meditation can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, LEVEL 108 makes no claims, representations or guarantees that the products and services offered will provide a guarantee of wellness for physical, mental, spiritual or therapeutic benefit.
Any health information and links to Providers, Services and Products, whether provided by LEVEL 108 or by a third party, is provided for you. You are responsible for your use of any such services. LEVEL 108 is not responsible for the use of such information and providers.
To the extent that you participate in any exercise, or movement content on our Platform, you are responsible for your body, health and level of participation, and you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movements a health risk to you. You should consult a licensed physician prior to beginning or modifying any exercise program that you undertake, including on our Platform, especially if you have a prior injury, a history of heart disease, high blood pressure, other chronic illness, or condition. You acknowledge that LEVEL 108 has advised you of the necessity of doing so.
Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products.
There have been rare reports where people with certain psychiatric problems like anxiety and depression have experienced worsening conditions in conjunction with exercise, yoga, and meditation practices. People with existing mental health conditions should speak with their health care providers before starting a meditation practice.
- END USER LICENSE
Subject to the terms of this license agreement (“License Agreement”), as set out in this section, and these other Terms, and your payment of applicable subscription fees, LEVEL 108 grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of our products and services on our Platform.
The Products contain or embody copyrighted material, proprietary material or other intellectual property of LEVEL 108 or its licensors. All right, title and ownership in the Products remain with LEVEL 108 or its licensors, as applicable. The rights to download and use the Products are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.
You agree that you will not and you will not assist or permit any third party to:
(a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the content (products and services) in any way, or create derivative works of the Products;
(b) Use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
(c) Rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part;
(d) Tamper with the Products or circumvent any technology used by LEVEL 108 or its licensors to protect any content accessible through the Products;
(e) Circumvent any territorial restrictions applied to the Products; or
(f) Use the Products in a way that violates this License Agreement or the other Terms.
You may not make the Products available to the public. The Products made available (in whole or in part) are owned by LEVEL 108 or its licensors and your use of them must be in accordance with these Terms.
- GENERAL TERMS AND CONDITIONS
ASSIGNMENT BY US
LEVEL 108 may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
- INDEMNITY BY YOU
You agree to defend, indemnify and hold LEVEL 108 and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from (i) your negligent, reckless, or willful misuse of the Products, (ii) your placement or transmission of any message, content, information, software, or other submissions through the Products, (iii) any third-party claims of bodily injury, death, or damage to real or tangible personal property caused by your negligent or more culpable acts or omissions related to your use of the Products; or (iv) your breach or violation of the law or of these Terms. LEVEL 108 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with LEVEL 108 defense of such claim.
- NO WAIVER
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
- FORCE MAJEURE
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Products, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
- In these Terms, unless the context requires otherwise: (i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and (ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
Unless otherwise specifically indicated, all notices given by you to us must be given to LEVEL 108 at email@example.com. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in section 13.7 above. Notice will be deemed received and properly served immediately when posted on the Products or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.
- ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.
- LIMITATION OF LEVEL 108’S LIABILITY
(a) We will use reasonable endeavors to remedy faults in the Products and Services offered. If we fail to comply with these Terms, your sole and exclusive remedies and our entire obligation and liability to you will in no circumstances exceed the actual amount paid by you for the Products in question. In addition, we will not be liable for:
(i) Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).
(ii) Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Products, or from transmissions via emails or attachments received from us.
(iii) Any use of websites linked to the Products but operated by third parties.
(c) Notwithstanding anything to the contrary, you assume full responsibility for your own use of the Products. In no event shall LEVEL 108 be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Products or other activities you undertake in connection with your use of the Products.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
DISPUTE RESOLUTION AND BINDING ARBITRATION PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH LEVEL 108, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM LEVEL 108 INCLUDING A LIMITATION ON THE RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.
(a) Applicability of Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms or your use of the Products that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and LEVEL 108 are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
(b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules (“AAA Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.
If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of your billing address. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.
Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by LEVEL 108. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse LEVEL 108 for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(c) Authority of Arbitrator. The arbitrator will have exclusive authority to decide the jurisdiction of the arbitrator, including any unconscionability challenge or other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator shall also have the exclusive authority to determine the rights and liabilities, if any, of you and LEVEL 108. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and LEVEL 108.
(d) Jury Trial Waiver. Except where not permitted by law, you and LEVEL 108 waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and LEVEL 108 elect to have claims and disputes resolved by arbitration. In any litigation between you and LEVEL 108 over whether to vacate or enforce an arbitration award, you and LEVEL 108 waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
(e) Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND LEVEL 108 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor LEVEL 108 are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in section 13.13 below.
(f) Opt-out. YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor LEVEL 108 can force the other to arbitrate. To opt-out, you must notify LEVEL 108 in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your LEVEL 108 account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to one of the following physical or email addresses: LEVEL 108, Inc., ATTN: Arbitration Opt-out, 2415 Michigan Avenue, Santa Monica, CA 90404; ADR@LEVEL 108.com
(g) Small Claims Court. Notwithstanding the foregoing, either you or LEVEL 108 may bring an individual action in small claims court.
(h) Public Injunction Exclusion. Notwithstanding the foregoing, you may pursue a claim for public injunctive relief either in court or through arbitration.
(i) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with LEVEL 108.
- CHOICE OF LAW
Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.