Terms of Service
“AAA” has the meaning ascribed to it in Section 18 (b) below.
“Access Fee” means the fee payable by a Member to maintain their Profile in the LEVEL Connection Network Pool.
“ADR Provider” has the meaning ascribed to it in Section 18 (b) below.
“Application” means: (a) with respect to Members, the completion of Company’s online application for Members, including a Profile; and (b) with respect to Subscribers, the completion of Company’s online application for Subscribers, including a Profile.
“Arbitration Rules” has the meaning ascribed to it in Section 18 (b) below.
“Communications” has the meaning ascribed to it in Section 17 below.
“Contract Period” has the meaning of time period as a Subscriber or Member.
“Date” Subscriber and Member approve to meet each other.
“Introduction” the submission to Member on behalf of Subscriber as an option to approve to meet.
“LEVEL Connection Network Pool” means the pool of Members who will be candidates to receive introductions to eligible Subscribers that Company deems would potentially match their Profile for a good relationship fit. Members should note that by being a member of the LEVEL Connection Network does not necessarily guarantee an introduction, date to a prospective Subscriber, or marriage.
“LEVEL Subscription” has the meaning set forth in Section 2 below.
“Log-In Credentials” has the meaning ascribed it in Section 9 (a) below.
“Member” means any female candidate who is accepted by Company to be placed in the LEVEL Connections Network Pool and pays the Access or Processing Fee.
“Per Date Fee” means the fee a Subscriber will pay in addition to a Subscription Fee if Subscriber chooses the lower Subscription Fee option.
“Permitted Usage” has the meaning ascribed to it in Section 7 below.
“Profile” means a Subscriber’s or Member’s profile created through the Profile Builder which will contain some or all of the following information (to be provided by the Subscriber 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 Subscriber’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.
“Services” means Company’s relationship matchmaking services for Subscribers whereby Subscribers will be introduced with Members from the LEVEL Connection Network.
“Subscriber” means any male candidate who is accepted by Company to receive access to the Services through the platform and pays the Subscription Fee.
“Subscription Fee” means the fee payable by Subscribers as set forth in Section 2 (b) below.
“Subscription Level(s)” means Company’s Subscription levels available.
“Success Fee” means a possible fee payable to Company for engagement.
“The Protected Parties” has the meaning ascribed to it in Section 13 below.
“Trademarks” has the meaning ascribed to it in Section 8 below.
“Unsolicited Information” has the meaning ascribed to it in Section 9 (c) below.
“VIP Subscription” has the meaning set forth in Section 2 below.
2. Subscriber Application and Enrollment Process
(a) Application Process. In order to apply, each male candidate must complete the online Application through the Site or App (when available). A candidate’s responses will be evaluated by the Company’s relationship agents and determine if the candidate is eligible for a Skype™ interview. After the interview, Company’s agent will determine, in his/her sole discretion, if the candidate is acceptable to become a Subscriber to the Services.
(c) Once approved by Company, a Subscriber may sign up for any Subscription level. The description of the benefits afforded each Subscription level is set forth on the Site (and on the App when available), which may change from time to time at the Company’s discretion and upon thirty (30) days’ prior written notice.
(d) Except as otherwise provided herein, a Subscriber may change Subscription Levels in the Subscriber’s accounts settings and such changes shall take effect for the next month.
(e) Cancellation. Subscribers may cancel their subscription at any time by providing the Company thirty (30) days written notice prior to the commencement of the next Contract Period. Company may terminate a Subscriber by providing the Subscriber written notice (email sufficient).
(f) Subscription Fee. Subscribers will pay the following fee to access the Services depending on their Subscription Level (the “Subscription Fee”):
|Subscription||Subscription Fee||Period||Per Date Fee||Min. Introductions Per Mo|
|LEVEL||$500 or ($2,500 for 6 mos)||1 mo||$0||4|
|LEVEL PLUS||$2,000 or ($10,000 for 6 mos)||1 mo||$0||4|
|LEVEL PREMIUM||$3,000 or ($15,000 for 6 mos)||1 mo||$0||4|
|LEVEL VIP||Call for rates||6 mo||$0||4|
The Subscription Fee shall be charged on the Effective Date. The Subscriber may pay the Subscription Fee by wire transfer, check or credit card. The Company will automatically charge the Subscriber’s credit card on file for any Per Date Fee with LEVEL Subscription. Subscribers are required to update their credit card information as necessary or their Subscription may be terminated.
Subscription Fee rates may change from time to time, at Company’s sole discretion and upon thirty (30) days’ prior written notice to Subscriber or Member.
(g) Refunds. As matchmaking relies on a number of factors that are outside the Company’s control, there is no guarantee to find a perfect match for a long-term relationship between Subscribers and Members. As such, no refunds will be issued. A Subscriber’s only remedy is to terminate their subscription.
(h) Hold Period. At any time during a Contract Period of six (6) months or longer, Subscriber may place a hold on Subscription by providing written notice to Company indicating the length of time that Subscriber is seeking to place Subscription on hold. Any such hold period must be for a minimum of two (2) weeks and, the aggregate of all hold periods exercised by Subscriber during the Contract Period may not exceed three (3) months. The length of time that Subscriber has placed Subscription on hold does not count for purposes of determining the length of the Contract Period.
(i) Feedback. Our Subscribers are required to provide Company feedback after each date so that our agents can better facilitate future matches. Failure to provide feedback will inhibit the Company’s ability to find the right match for a Subscriber and may limit Subscriber or Member from receiving new introductions.
(j) Minimum Introductions. Company will present Subscriber a minimum number of Introductions per month during Contract Period. However, should Subscriber be on hold beyond the Contract Period and Hold Period, Company is not obligated to provide a minimum number of introductions.
(k) Success Bonus. Our VIP Subscribers with a Contract Period of less than twelve (12) months would have due to Company a specified lump sum fee upon engagement from any Introduction presented by Company during Contract Period. Success Bonus will be payable within thirty (30) days of engagement at any time during or after Contract Period.
3. Member Application and Enrollment Process
(a) Application Process. Any female candidate may apply for access to the LEVEL Connections Network Pool, which will enable them to be screened and considered for matching with Subscribers. In order to apply, female candidates must complete the online Application through the Site or App (when available) which includes an upload of picture(s). Company’s agents will approve or decline an Application in their sole discretion. If the Company’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 Company’s agents accept an Application, the candidate will be asked to pay the Access Fee via credit card to become a Member, complete Profile Builder and a video recording. Annual photo update may be required with membership.
|Membership||Access Fee||Contract Period|
|LEVEL||$35 (FREE for limited-time)||One time fee|
|LEVEL +Photos||NA||One time fee|
COMPANY DOES NOT GUARANTEE THAT A FEMALE CANDIDATE’S APPLICATION WILL BE ACCEPTED, OR THAT ANY MEMBER WILL GET A DATE WITH A SUBSCRIBER. THE ACCESS FEE IS ONLY TO ALLOW A MEMBER TO HAVE HER PROFILE CONSIDERED IN THE NETWORK POOL OF ELIGIBLE MEMBERS FOR RELATIONSHIP MATCHING WITH COMPANY’S MALE SUBSCRIBERS. THE ACCESS FEE IS ALSO FOR PROCESSING AND MANAGEMENT OF MEMBERS ACCOUNT AND NOT A GUARANTEED MATCHING FEE.
Based on Company’s experience, female candidates with the following attributes have a better chance of getting matched:
- Ages over 25 and under age 65
- Live in or willing to date someone in one of the following metro area:
- Los Angeles
- Orange County
- San Francisco Bay Area
- San Diego
- Professional photos (No selfies, sunglasses, hats, photos with friends/family, etc.)
- Passionate about life, friendly, outgoing, healthy mind, body and spirit, feminine, intelligent, relationship-ready
Company does not recommend that any prospective female candidate to apply unless she fulfills some of the above attributes.
(b) Access Fees. Access Fees will be charged to Members at time of approved application dependent on Subscription Level. There may be an additional fee if Member selects to have recorded interview with agent of Company. The Company will charge the Member’s credit card submitted.
(c) Photo and Other Requirements. Company requires two current, clear, accurate photos as well as accurate and current web address or social media account.
(d) Refunds. As matchmaking relies on a number of factors that are outside the Company’s control, there is no guarantee to find a perfect match for a long-term relationship between Subscribers and Members. As such, if Members after one year from Effective Date has not been sent an Introduction, Members may request a refund and account and access for future introductions will be removed.
4. The Matchmaking Process
The Company makes matches based upon the mutual consent of both Subscribers and Members. The Company will propose a match to Members that it feels best fits the criteria of Subscribers (taking into account Subscriber’s and Member’s responses to questionnaires and other criteria provided to Company). Member either accepts or declines proposed match in their discretion. If the Member accepts proposed match with a Subscriber, then a Subscriber is asked if they wish to meet the Member in their discretion. Only after both the Subscriber and Member assent to an Introduction will the Company share contact information. Typically allow for 24 to 48 for a response from Member or Subscriber after contact information is sent.
THE COMPANY DOES NOT ESPOUSE OR ENDORSE ANY SPECIFIC MEMBER, SUBSCRIBER OR THEIR PROFILE INFORMATION. THE COMPANY DOES NOT CONDUCT BACKGROUND CHECKS ON SUBSCRIBERS OR MEMBERS AND CANNOT GUARANTEE THE TRUTH OR VERACITY OF THE INFORMATION SUPPLIED IN A SUBSCRIBER/MEMBER PROFILE. WHILE THE COMPANY TAKES REASONABLE MEASURES TO ATTEMPT TO VET CANDIDATE APPLICATIONS PRIOR TO ACCEPTANCE, THE COMPANY CANNOT BE RESPONSIBLE FOR ANY CONCEALED INFORMATION OR FALSE INFORMATION PROVIDED BY A SUBSCRIBER OR MEMBER AND MAKES NO WARRANTIES WITH RESPECT THERETO. MEMBERS AND SUBSCRIBERS ASSUME THE RISK OF VETTING POTENTIAL MATCHES AND THE VERACITY OF THEIR HEALTH OR PROFILE INFORMATION.
9. Usage Rules
(a) Profile Management. When you set up a Profile, 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 your Profile, including without limitation terminating your Profile, changing your password, or requesting additional information to authorize transactions on your Profile. 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. 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 provision, (ii) any compromise of the confidentiality of your Profile or Log-In Credentials, and (iii) any unauthorized access to your Profile or use of your Log-In Credentials. You may not use anyone else’s Profile at any time. Please notify us immediately if you become aware that your Log-In Credentials is being used without authorization. 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.
(d) Prohibition on Use by Minors. The Platform is intended for adults only. MINORS UNDER THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE ARE NOT PERMITTED TO USE THE PLATFORM, SUBMIT ANY PERSONAL INFORMATION, UNSOLICITED INFORMATION OR ENGAGE IN ANY OTHER ACTIVITY THROUGH THE PLATFORM.
(e) Criminal History. By applying as a Member or Subscriber, 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 9.
(f) Matching Criteria. Relationship matching requires your completion of your 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 purposes in order to maintain the integrity of the Services.
(g) Marital Status. By subscribing to the Services or applying for access to the LEVEL Connections Network Pool, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, however, you may use, apply to use, or use the Platform.
(i) Harassing or Abusive Behavior. You will not harass, annoy, intimidate, stalk or threaten, any other Subscriber, Member 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, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion, concerning a Member, Subscriber, 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 9 (i), but we are not obligated to take any action.
(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’ or Subscribers’ use of the Platform, including, without limitation, spamming or otherwise using abusive tactics to deter others from using the Platform or applying for membership or a subscription.
(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.
10. 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.
(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 SUBSCRIBERS. 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 AND SUBSCRIBERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS AND SUBSCRIBERS. COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS AND SUBSCRIBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS AND SUBSCRIBERS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS MEMBERS OR SUBSCRIBERS OR THEIR COMPATIBILITY WITH ANY OTHER INDIVIDUAL. COMPANY RESERVES THE RIGHT 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 OR MEETINGS WITH OTHER MEMBERS OR SUBSCRIBERS. 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 SUBSCRIBERS.
14. 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, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED: (A) FOR MEMBERS, THE ACCESS FEES PAID BY SUCH MEMBER FOR THE CALENDAR YEAR IMMEDIATELY PRECEDING THE TIME THE CLAIM AROSE; AND (B) FOR SUBSCRIBERS, THE SUBSCRIPTION FEE PAID BY THE SUBSCRIBER FOR THE CALENDAR MONTH IMMEDIATELY PRECEDING THE TIME WHEN THE CLAIM AROSE. 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.
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 STATES 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 TO BE INVALID OR UNENFORCEABLE, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS. 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.
15. Third Party Rights
The provisions of Sections 13 (Indemnification), 14 (Waiver, Release and Limitation of Liability) and 18 (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.
16. User Representations
17. Electronic Communications
18. Arbitration; Class Waiver; Waiver of Trial by Jury
Please read this Section 18 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.
(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.
(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 18. 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 18 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 18 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.
(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.
(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.
LEVEL Connections, Inc. Santa Monica, CA