PLEASE READ THIS TERMS OF SERVICE (THE TERMS OF SERVICE) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF LEVEL CONNECTIONS, INC. AND ITS AFFILIATES (“COMPANY,” “WE,” “OUR”) WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE “SITE”) IN ANY WAY, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE OUR PLATFORM.
THE TERMS OF SERVICE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
This Terms of Service governs your use of the Site and membership with respect to your use of our website tools located at app.levelconnections.com, our downloadable app (when available on the Apple Store or Android Google Play), and our relationship matchmaking services (the “Services”) (the Site, App and Services are collectively referred to as the “Platform”). The Company operates the Platform which includes all text, profiles, audio-visual works including video, communications, content, information, postings, editorial, pictures, materials, software, logos, graphics, sounds, images, data, services, profile information, and the underlying intellectual property rights thereto (collectively the Content).
By accessing or using any element of the Platform, you acknowledge your agreement to be bound by this Terms of Service. If you do not agree to be bound by this Terms of Service, please do not subscribe to the Platform, otherwise access the Platform and/or download, copy or use any Content. We reserve the right to update or modify this Terms of Service at any time, upon written notice to you. Your use of the Platform following such modification or update constitutes your acceptance to be bound by this Terms of Service as changed or modified. We encourage you to read through and review this Terms of Service each time you access or use the Platform.
IF YOU DO NOT AGREE WITH ANY PART OF THIS TERMS OF SERVICE, YOU MUST NOT USE ANY PORTION OF THE PLATFORM
TERMS OF SERVICE LAST UPDATED October 5, 2025
1. Definitions
“AAA” has the meaning ascribed to it in Section 17 (b) below.
“Access Fee” means any fee that may be payable by a Member to maintain their Profile in the LEVEL Network Pool.
“ADR Provider” has the meaning ascribed to it in Section 17 (b) below.
“Affiliate(s)” means any third party matchmaking firm who is accepted by Company to receive access to the Services for their Clients and Members through the Platform.
“Application” means: (a) with respect to Members, the completion of Company’s online application for Members, including a Profile; (b) with respect to Client, the completion of Company’s online application for Clients, including a Profile; (c) with respect to Affiliates, the completion of Company’s online application for Affiliates, including a Profile; (d) with respect to Referral Partners, the completion of Company’s online application for Referral Partners, including a Profile.
“Arbitration Rules” has the meaning ascribed to it in Section 17 (b) below.
“Client” means any Affiliate proposed candidate that has engaged such Affiliate for professional matchmaking services and who is accepted by Company to receive access to the Services through the Platform.
“Communications” has the meaning ascribed to it in Section 16 below.
“Content” means any materials, content, photos, videos, logos, designs, trademarks, service marks, technology, recordings, images, gifs, software or any other forms of intellectual property on the Platform.
“Date” an instance whereby a Client and a Member meet each other in person or virtually.
“Demographic Information” has the meaning ascribed to it in the Privacy Policy.
“Effective Date” means the date the Member, Client, Affiliate or Referral Partner has accepted these Terms of Service by completing an Application.
“Feedback” has the meaning set forth in Section 2 (c).
“Introduction” the Affiliate’s submission of a request to a Member, target Client or another Affiliate to approve and meet with such Affiliate’s Client.
“LEVEL Network Pool” means the pool of Members who will be candidates to receive introductions to eligible Clients that Company deems would potentially match their Profile for a good relationship fit. Members should note that by being a Member of the LEVEL Network does not necessarily guarantee an introduction, Date to a prospective Client, Member, or marriage.
“License” has the meaning set forth in Section 2 below.
“Log-In Credentials” has the meaning ascribed it in Section 8 (a) below.
“Member” means any candidate who is engaging an Affiliate to provide matchmaking services and who is accepted to be placed in the Affiliate LEVEL Network Pool and/or the public LEVEL Network Pool.
“Permitted Usage” has the meaning ascribed to it in Section 8 below.
“Personal Information” has the meaning ascribed to it in the Privacy Policy.
“Privacy Policy” means Company’s privacy policy located at app.levelconnections.com/privacy-policy.
“Profile” means a Client’s or Member’s profile created through the Registration or Profile Builder which will contain some or all of the following information (to be provided by or on behalf of the Client or Member, as applicable): name, date of birth, address, cell number, home number, email address, photographs, video recordings, username and password. The Profile will also include a Client’s or Member’s responses to 10 categories of questions (which may change from time to time at Company’s discretion).
“Profile Builder” means Company’s proprietary Profile building tool accessible on the Platform.
“Referral Fee” means any payment made by an Affiliate to another Affiliate or a Referral Partner for recommending a Client or Member.
“Referral Partner” means any person or entity associated with an Affiliate by agreement that is accepted by Company who will access the Services to refer Clients or Members to such Affiliate.
“Registration” means a Client’s or Member’s completion of the log-in credential sign up process to create account and make Platform accessible.
“SaaS Agreement” means the agreement between Company and Affiliate whereby Affiliate is provided the ability to use the Platform to provide matchmaking services for the benefit of Affiliate’s Clients or Members.
“Services” means Company’s online profile network building and relationship matchmaking services Platform.
“Subscription” means a Subscription made available.
“Terms of Service” has the meaning set forth in the first paragraph.
“The Protected Parties” has the meaning ascribed to it in Section 12 below.
“Trademarks” has the meaning ascribed to it in Section 8 below.
“Unsolicited Information” has the meaning ascribed to it in Section 8 (e) below.
2. Subscriber or Member Application and Enrollment Process
(a) Application Process. In order to apply, each candidate or their Affiliate on candidate’s behalf must complete the online Application through the Platform. A candidate’s responses will be evaluated by the Affiliate’s relationship agents and determine if the candidate is eligible. After the evaluation process, Affiliate’s agent will determine, in his/her sole discretion, if the candidate is acceptable to have access to the Services.
(b) Application Process. Any candidate may apply for access to the LEVEL Network Pool, which will enable Clients or Members to be screened and considered for matching with other Members or Clients. In order to apply, candidates must complete the online Application through the Platform, which includes an upload of picture(s). Affiliate will approve or decline an Application in their sole discretion. If the Affiliate’s agent rejects a candidate’s Application, the candidate will be notified via email Profile information, pictures will be deleted from Company’s servers. If Affiliate accepts an Application, the candidate will receive an email notification of such acceptance. Clients and Members will be required to complete Profile Builder and be requested to record a virtual video recording. An annual photo update may be required with Member’s membership.
(c) Feedback. Our Clients and Members are required to provide Company honest feedback after each Date so that our Affiliates can better facilitate future matches (“Feedback”). Failure to provide Feedback will inhibit the Affiliate’s ability to find the right match for a Client and may limit Client or Member from receiving new Introductions. Feedback concerning Dates will be treated confidentially and not intended to be shared with the other persons.
COMPANY DOES NOT GUARANTEE THAT A CANDIDATE’S APPLICATION WILL BE ACCEPTED, OR THAT ANY MEMBER OR CLIENT WILL GET A DATE ON THE PLATFORM
(d) Photo and Other Requirements. Affiliate’s are expected to collect two current, clear, accurate photos as well as accurate, current web address or social media account, completion of the Profile questionnaire and virtual video interview for a Profile to be deemed complete and/or eligible for matches.
3. The Matchmaking Process
(a) Matches. The Affiliate will propose a match to its Clients that it feels best fits his or her criteria (taking into account its Client’s and the target Member’s or Client’s responses to questionnaires and other criteria provided to Company). An Affiliate’s Client either accepts or declines proposed match in their discretion after the target Member or Client are asked if they wish to receive an Introduction to Affiliate’s Client in their discretion. Only after both the Affiliate’s Client and the target Client or Member assent to an Introduction will the Platform allow both to have access to the others’ contact information or provided to both by Affiliate.
(b) Referrals and Referral Fees.
(i) A Referral Partner may be engaged by the Affiliates to find user Profiles for the Platform. The Referral Partner will have access to limited Profile information of Members and Clients on the Platform and will be acting as agent on behalf of the Affiliate. Affiliate is responsible for the acts or omissions of its Referral Partners. If an Introduction results in a Date between a Referral Partners Profile and an Affiliate’s Client and the target Member or Client, the Affiliate shall pay the Referral Partner a Referral Fee as set forth by Affiliate and Referral Partner. Additionally, a Referral Fee will be payable to the Company in the event of a scheduled Date at the published rates set forth on the Company’s website at the time.
(ii) Affiliates will have access to Profiles of target Clients to find matches for their Clients. If the Affiliate identifies a target Client that is a potential match of its Client, the Affiliate will follow the procedures set forth in Section 3 (a) above. If the Affiliate is successful in facilitating a Date between its Client and the target Client pursuant to this Section 3 (b)(ii), then the Affiliate will pay the Affiliate of the target Client and Company Referral Fees at the rates published on Company’s website at the time.
(iii) As a condition of using the Services, Affiliates will be required to provide a valid credit card on file with the Company. Company is authorized to charge the Affiliate’s credit card for all Referral Fees and Admin Fees. Affiliates are responsible to ensure that their credit card information is up to date in their account. Any charge-backs, invalid or expired credit card information, or denied charges will result in the suspension of the account of the Affiliate, its Clients and its Referral Partners until remedied by Affiliate.
4. Disclaimer
THE COMPANY AND AFFILIATES DO NOT ESPOUSE OR ENDORSE ANY SPECIFIC MEMBER, CLIENT OR THEIR PROFILE INFORMATION. THE COMPANY, AFFILIATES OR REFERRAL PARTNERS DO NOT CONDUCT BACKGROUND CHECKS ON CLIENTS OR MEMBERS AND CANNOT GUARANTEE THE TRUTH OR VERACITY OF THE INFORMATION SUPPLIED IN A CLIENT/MEMBER PROFILE. WHILE THE COMPANY AND AFFILIATES TAKE REASONABLE MEASURES TO ATTEMPT TO VET CANDIDATE APPLICATIONS PRIOR TO ACCEPTANCE, THE COMPANY OR AFFILIATES CANNOT BE RESPONSIBLE FOR ANY CONCEALED INFORMATION OR FALSE INFORMATION PROVIDED BY A CLIENT OR MEMBER AND MAKES NO WARRANTIES WITH RESPECT THERETO. MEMBERS AND CLIENTS ASSUME THE RISK OF VETTING POTENTIAL MATCHES AND PERFORMING DUE DILIGENCE AS TO THE VERACITY OF THEIR REPRESENTED PROFILE INFORMATION.
5. Ownership
You acknowledge that all Content provided by the Company or others through the Service remains the property of the person who creates it. The Content is protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. You agree that any Content that you post or supply to us through the Platform shall comply with this Terms of Service. You hereby grant us a non-exclusive, worldwide, perpetual, sub-licensable (through multiple tiers) royalty-free right and license to publish, share, copy or display any Content, including Feedback that you provide to us through the Platform.
6. License
If you are enrolled as a Member or a, Client, and so long as you continue to pay your fees (if applicable) to Company, the Company hereby grants you the right to view and use this Platform in accordance with this Terms of Service. You may download (only if made available for download) and/or print a copy of Content supplied to you by the Company for your personal and private non-commercial use only (the Permitted Uses) provided the Content is not modified or redistributed in any way and all copyright and other proprietary notices are kept intact. You agree to use the Content lawfully and only for the Permitted Uses. No other use of the Content is permitted. Permission to reprint or electronically reproduce or make derivative works from any document, photograph, video, text, materials, graphic, video or other form of Content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the Company. Furthermore, you may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Platform or any portion thereof without our prior written consent in each instance.
7. Intellectual Property
All of Content published by Company on the Platform is the exclusive intellectual property of Company. Nothing in this Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Content other than as expressly provided herein without Company’s express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use, reproduction, copying, modifying or creating derivative works from the Content is expressly prohibited and all such rights are hereby expressly reserved. Affiliates and Referral Partners are expressly prohibited from using, copying, passing off or exploiting any Content provided by Company except as expressly contemplated in the SaaS Agreement
8. Usage Rules
The Company reserves the right to deny you access to any and all parts of the Platform and terminate your access or subscription, for any reason or no reason, and at our sole discretion. We also reserve the right to block transmission of, and or remove, delete your Profile and connected Profiles, at any time, for any reason, as specified in these Terms of Service. The following rules shall govern your conduct regarding the use of the Platform:
(a) Log-In Credentials. When you set up an account during Registration, you are required to provide your username and select a password (collectively, your “Log-In Credentials”), which you may not transfer to or share with any third parties. If someone accesses our Platform using your Log-In Credentials, we will rely on that Log-In Credentials and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Log-In Credentials and all activities that occur under or in connection with your Profile. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Platform and the Personal Information of others, including without limitation terminating your Profile, changing your Log-In Credentials, or requesting additional information to authorize transactions on your account. You agree to be responsible for any act or omission of any users that access the Platform under your Log-In Credentials that, if undertaken by you, would be deemed a violation of these Terms of Service. Please notify us immediately if you become aware that your Log-In Credentials is being used without authorization.
(b) Profiles. Once you complete your Registration and the Company accepts your application, if you are a Member or Client, you will be afforded an opportunity to create a Profile for your account. The Company is not responsible for nor will be liable for any errors or omissions contained in your Profile. You are responsible to ensure that your Profile information is accurate, up-to-date and doesn’t violate these Terms of Service. If Company discovers you have posted a fake Profile or false information in your Profile, without limiting any of Company’s remedies, your account will be immediately terminated and you will no longer be able to access the Platform or have your Profile viewed by anyone. You may not use anyone else’s Profile at any time. You agree not to register for more than one Profile, register for a Profile on behalf of an individual other than yourself without such individual’s authorization, or register for a Profile on behalf of any group or entity. You agree you will only keep current and accurate information in your Profile and upload photographs or videos through your Profile that have been taken in the previous six (6) months.
(c) No Liability. In no event and under no circumstances will the Company be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Company under this Section 8, (ii) any compromise of the confidentiality or Data Breach concerning your Profile or Log-In Credentials not otherwise solely caused by the acts or omissions of Company, or (iii) any acts or omissions of any Client, Member, Affiliate or Referral Partner using the Platform.
(d) Unlawful or Inappropriate Purposes. In order to create a valuable service to our Members and Clients certain types of activities and communications are prohibited. As a condition of your use of the Platform, you agree that you will not use the Platform for any purpose that is unlawful or prohibited by this Terms of Service, including, without limitation, behavior that constitutes stalking, cat-fishing, pyramid schemes, offering crypto or other financial investment opportunities, harassment, bullying or other criminal or abusive conduct. Additionally, cat fishing, monetary schemes, and attempts to circumvent communications with other Members or Clients off the Platform to perpetuate the same will result in the immediate termination of your account and may result in the Company reporting you to law enforcement. You also agree that you are responsible for Content that is posted by you in your Profile or through other features of the Platform. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person other than yourself. You may not post or transmit any message, data, image or program which is indecent, obscene, pornographic, misleading or false.
(e) Unsolicited Information. Other than dating Feedback as prescribed in Section 2 (c) above, you may attempt to provide us feedback regarding the Platform and our various offerings and other unsolicited submissions (collectively Unsolicited Information). You may only provide Unsolicited Information that conforms to these Terms of Service. We welcome your comments and feedback concerning the Platform, but we do not accept or consider other unsolicited ideas, including ideas for new types of services, advertising campaigns, new promotions, new technologies, processes, materials or marketing plans. Accordingly, please do not send such unsolicited ideas to us. By providing Unsolicited Information, you thereby grant us a perpetual, royalty-free, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Information without further obligation to you.
(f) Prohibition on Use by Minors. The Platform is intended for adults only. MINORS UNDER THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE ARE NOT PERMITTED TO USE THE PLATFORM, SUBMIT ANY PERSONAL INFORMATION, UNSOLICITED INFORMATION OR ENGAGE IN ANY OTHER ACTIVITY THROUGH THE PLATFORM.
(g) Criminal History. By applying as a Member, Client, Affiliate or Referral Partner you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. While the Company does not normally conduct background checks, the Company reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this Section 8.
(h) Matching Criteria. Relationship matching requires your completion of your Registration, Application and Profile in the Profile Builder. All Introductions and other information provided through the Services is for informational and entertainment purposes only. Your use of the Platform must be for bona fide-relationship-seeking or for receiving Introductions to prospective relationship matches in order to maintain the integrity of the Services.
(i) Marital Status. By subscribing to the Services or applying for access to the LEVEL Network Pool as a Member or Client by completing a Profile, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, or otherwise get a concession in writing from Company based upon your personal circumstances, however, you may use, apply to use, or use the Platform.
(j) Risk Assumption and Precautions. You assume all risk including health, personal safety, financial security, and well-being when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others. You are advised to exercise prudence and judgments when meeting strangers for the first time such as (but this list is not meant to be exhaustive) meeting in public places on first in-person encounters, not providing your residential address and using discretion in disclosing sensitive personal information that may potentially lead to identity theft or fraud. You are solely responsible for your interactions with other Members, Clients, or Affiliates. You understand that Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet or with whom you receive Introductions as a result of or through the Platform. You agree to take all necessary precautions when meeting or facilitating Introductions to such individuals. You will promptly report to the Company any violation of these Terms of Service by others, including but not limited to, other users of the Platform.
(k) Harassing or Abusive Behavior. You will not harass, annoy, intimidate, stalk or threaten, any other Client, Member, Affiliate, Referral Partner or any Company employees or agents engaged in providing any portion of the Services to you. You shall not post or transmit any message or communicate to others any message which is untrue, harmful, threatening, abusive, indecent, vulgar, harassing, fraudulent, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion, concerning a Member, Client, Affiliate, Referral Partner the Company or any of its agents or employees. We reserve the right to take such action as we deem appropriate in cases where you have violated this Section 8 (k), but we are not obligated to take any action.
(l) Disclosure to Protect Abuse Victims. Notwithstanding any other provision of these Terms of Service or our Privacy Policy, the Company reserves the right, but has no obligation, to disclose any information that you provide, if, in its sole opinion, the Company suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, verbal abuse or domestic violence. Information may be disclosed to authorities that the Company, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that the Company is permitted to make such disclosures.
(m) No Monitoring of Activities. We cannot monitor the activities either through the Platform or offline through private interactions between Members, Clients, Affiliates Referral Partners. We are also not able to take sides in any disputes between Members, Clients, Affiliates or Referral Partners. However, we may in our sole discretion, but without the obligation, choose to investigate potential violations of these Terms of Service and other reported abuses where we may deem appropriate, and take appropriate action, including, without limitation, termination of your access to the Platform.
(l) Infringing Content. You shall not post, upload or transmit any Content through the Platform that would violate the intellectual property, trade secrets or privacy rights of others, including unauthorized copyrighted text, images or programs, photographs, signatures, videos, images, likenesses, voice, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
(m) Interference with Other Users’ Use. You shall not interfere with other Members’, Clients’, Affiliates’ or Referral Partners’ use of the Platform, including, without limitation, spamming or otherwise using abusive tactics to deter others from using the Platform.
(n) Harmful Code. You shall not post or transmit any file to this Platform or to any other user of the Platform which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.
(o) Unsolicited Communications Prohibited. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services that are not otherwise authorized by the Company.
9. Data Back-up
We are not responsible for backing up your data, Profile information or any Content or other type of data attributed to your use of the Platform. YOU EXPRESSLY AGREE TO ASSUME THE SOLE RISK OF BACKING UP ALL CONTENT THAT YOU CONTRIBUTE TO YOUR PROFILE INFORMATION, AS WELL AS TRANSACTION AND PAYMENT HISTORY. EXCEPT TO THE EXTENT OTHERWISE PROHIBITED BY LAW, YOU EXPRESSLY AGREE THAT WE WILL HAVE NO LIABILITY WITH RESPECT TO LOST CONTENT OR ANY INFORMATION PROVIDED BY YOU.
10. Privacy
The Company’s Privacy Policy will govern any Personal Information or Demographic Information collected from your use of the Platform.
11. Disclaimers
(a) Geographic Disclaimer. The Service is administered by the Company from Los Angeles, California and is intended solely for users who are US residents. Access to the Service and the Content as well as the terms of our Privacy Policy may not be legal for some persons or in some countries outside the United States. Additionally, if you elect to access and use the Service and Content from outside of the United States, you do so at your own risk and are solely responsible for complying with all applicable laws and regulations.
(b) DISCLAIMER OF WARRANTIES. THE PLATFORM AND THE CONTENT CONTAINED THEREIN ARE PROVIDED AS IS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THE PLATFORM, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THE SERVICES, SITE, APP, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SERVICES OR ACCESS THERETO BY MEMBERS OR CLIENTS. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT CONTAINED ON THE PLATFORM. ALTHOUGH WE MAY UPDATE THE CONTENT FROM TIME TO TIME, PLEASE NOTE THAT INFORMATION CONTAINED HEREIN MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
(c) WARNING REGARDING PERSONAL INTERACTIONS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS, CLIENTS AND AFFILIATES. YOU UNDERSTAND THAT THE COMPANY, CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS, CLIENTS, AFFILIATES OR REFERRAL PARTNERS. COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS, CLIENTS, AFFILIATES AND REFERRAL PARTNERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS, CLIENTS, AFFILIATES AND REFERRAL PARTNERS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS MEMBERS, CLIENTS, AFFILIATES AND REFERRAL PARTNERS OR THEIR COMPATIBILITY WITH ANY OTHER INDIVIDUAL. COMPANY RESERVES THE RIGHT, BUT DOES NOT ASSUME ANY OBLIGATION, TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, INTRODUCTIONS, DATES OR MEETINGS WITH OTHER MEMBERS, CLIENTS, AFFILIATES AND REFERRAL PARTNERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS IF AND WHEN YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT COMPANY, MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET AS A RESULT OF USING THE PLATFORM. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS, OR CLIENTS REFERRAL PARTNERS.
12. Indemnification
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, information providers, partners, advertisers, attorneys and suppliers (the The Protected Parties) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from (a) provision of Unsolicited Information or Content by you, or (b) your use of the Platform; (c) your interaction, meeting, dating or relationships with other Clients or Members; and/or (d) your breach of the terms of this Terms of Service, (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Platform using your Log-In Credentials.
13. Waiver, Release and Limitation of Liability
YOU AGREE THAT NONE OF THE PROTECTED PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SERVICE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SERVICE.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED PARTIES TO REFERRAL PARTNERS, CLIENTS OR MEMBERS FOR THE USE OF THE SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS $100.00 (USD). CLIENT IN NO EVENT SHALL ANY OF THE PROTECTED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THIS SERVICE OR THE CONTENT EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATIONS OF LIABILITY PERTAINING TO AFFILIATES ARE SET FORTH IN THE SAAS AGREEMENT.
NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE OR DESTRUCTION OF DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF ALL YOUR CONTENT OR LOSS OF YOUR PAYMENT HISTORY OR PROFILE INFORMATION, THAT AND DAMAGES OR LOSSES YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE PLATFORM, OUR EQUIPMENT, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE PLATFORM AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE PLATFORM, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY OR IS DETERMINED TO BE INVALID OR UNENFORCEABLE, FOR ANY REASON, THEN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS (USD). IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.
14. Third Party Rights
The provisions of Sections 12 (Indemnification), 13 (Waiver, Release and Limitation of Liability) and 17 (Arbitration; Class Waiver; Waiver of Trial by Jury) are for the benefit of The Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.
15. User Representations
You represent and warrant that you are the age of majority in the jurisdiction which you reside and that you possess the legal right and ability to enter into this Terms of Service and to use the Platform in accordance with this Terms of Service. You agree to be financially responsible for your use of the Platform (as well as for use of your Log-In Credentials by others (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in this Terms of Service.
16. Electronic Communications
We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (Communications) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Service by accessing the Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Platform. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
17. Arbitration; Class Waiver; Waiver of Trial by Jury
Please read this Section 17 carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) All claims and disputes in connection with these Terms or the use of the Platform that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Section 17. This Section 17 applies to you and Company, The Protect Parties and to any of their respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms of Service.
(b) The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (AAA), an established alternative dispute resolution provider (ADR Provider) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms (Arbitration Rules). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case the hearing will be held in Los Angeles, unless the parties agree otherwise). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(c) If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
(d) The arbitrator will decide the rights and liabilities, if any, of you and Company (inclusive of The Protected Parties, if applicable), and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms of Service, but in no event shall be authorized to award punitive or special damages. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. 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, Company, and, if applicable, The Protect Parties.
(e) THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Section 17. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Company (inclusive of The Protected Parties) in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY (inclusive of The Protected Parties, if applicable) WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(f) ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION 17 MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CONTRIBUTOR CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CONTRIBUTOR. In the event that this Section 17 is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Los Angeles County, California, and you and Company (inclusive of The Protected Parties, if applicable) both expressly consent to such jurisdiction.
18. Miscellaneous
(a) These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regarding provisions relating to conflicts of law.
(b) This Terms of Service constitute the entire Agreement between the Company and you with respect to your access and use of the Platform.
(c) Any failure by us to insist upon or enforce strict performance of any provision of this Terms of Service shall not be construed as a waiver of any provision or right and shall not be construed as continuing, or as a bar to or waiver of any right or remedy as to subsequent events.
(d) Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service.
(e) If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied.
(f) We may assign our rights and duties under this Terms of Service to any party at any time without notice to you. You may not assign your rights, obligations, Profile or Profiles connected to you to any person or entity, without Company’s prior written consent. We may assign your Personal Information, all collected data from your use of the Services and our obligations under these Terms of Service pursuant to a sale of substantially all of the Company’s assets, sale of a majority of the voting control of the Company, merger or acquisition.
(g) If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied.
(h) In the event of any conflict, ambiguity, or inconsistency between or among the terms and conditions of these Terms of Service and the Contents of the Platform, these Terms of Service shall control.
(i) We may deliver notice to you under this Terms of Service by means of electronic mail, a general notice on the Site, through the App (if and when applicable), through electronic Communications as set forth in Section 16 above, or by written communication delivered by first class U.S. mail to your address on record in your Profile information, if any. You may give notice to us at any time by electronic Communications as set forth in Section 16 above, or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
LEVEL Connections, Inc.
1148 4th Street
Santa Monica, CA 90403