Terms and Conditions
Mentee Terms and Conditions
These Terms are entered into by and between you and LevelNext.com, Inc.
The following terms and conditions govern
the use of this Website, including any Products or Services offered on or through this Website; and
any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
By using this Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy. If you do not want to agree to these Terms or our Privacy Policy, you must not access or use the Website or our Products or Services.
The User must read this document carefully.
Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
This Website is provided by:
LevelNext.com Inc.
406 South Jordan Pkwy Ste. 100
South Jordan, UT 84095
United States of America
Owner contact email: hello@levelnext.com
By using this Website, Users confirm to meet the following requirements:
Users must be recognized as an adult by applicable law; and
Minors may only use this Website under parental or adult supervision.
Account registration
To use the Service, Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability or denial of Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Website.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Conditions for account registration
Registration of User accounts on this Website is subject to the conditions outlined below. By registering, Users agree to meet such conditions. Accounts registered by bots or any other automated methods are not permitted.
Account termination
Users can terminate their account and stop using the Service at any time by requesting account deletion through the User dashboard as provided on this Website.
Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Consistent or disruptive cancellations affect the User experience and are therefore monitored by the Owner. If a User shows a pattern of excessive cancellations, the User account may be suspended or deleted.
Content on this Website
Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on this Website - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Content provided by Users
The Owner allows Users to upload, share or provide their own content to this Website.
By providing content to this Website, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Rights regarding content provided by Users
Users acknowledge and accept that by providing their own content on this Website they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Website as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Website.
Users acknowledge, accept and confirm that all content they provide through this Website is provided subject to the same general conditions set forth for content on this Website.
Liability for provided content
Users are solely liable for any content they upload, post, share, or provide through this Website. Users acknowledge and accept that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to this Website:
if any complaint based on such content is received;
if a notice of infringement of intellectual property rights is received;
upon order of a public authority; or
where the Owner is made aware that the content, while being accessible via this Website, may represent a risk for Users, third parties and/or the availability of the Service.
The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Website.
Access to external resources
Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Acceptable use
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair the Owner’s legitimate interests; or
offend the Owner or any third party.
TERMS AND CONDITIONS OF SALE
Paid Services
The fees, duration and conditions applicable to the purchase of paid services are described below and in the dedicated sections of this Website.
To purchase services, the User must register or log into this Website.
Product description
Prices, descriptions or availability of Services are outlined in the respective sections of this Website and are subject to change without notice.
While Product Services on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
Users must choose the desired Product and verify their purchase selection.
After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
Order submission
When the User submits an order, the following applies:
The acceptance of a User submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes, processing fees and possible further fees and expenses, as specified on the order page.
In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
Upon submission of the order, Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on this Website are displayed, excluding any applicable fees, taxes and costs.
Methods of payment
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website.
All payments are independently processed through third-party services. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
Retention of usage rights
Users do not acquire any rights to use the purchased Product until a) the submission is accepted and confirmed and b) the total purchase price is received by the Owner.
Performance of services
The purchased service shall be performed or made available within the timeframe specified on this Website or as communicated before the order submission.
Right to cancel
The User may request to withdraw or cancel their session for any reason and without justification, receiving a full refund, as long as the request is received at least 48 hours prior to the scheduled event. If the request to cancel the order is received within 48 hours of the scheduled event, the User agrees to a partial refund; that is, whatever amount is left from the original charge minus a $50 cancellation fee. Users can learn more about the cancellation conditions within this section.
Mentors may decline an application in which case the User will receive a full refund.
Mentors may cancel a session in which case the User will receive a full refund, regardless when the cancellation takes place.
Disclaimer of Warranties
This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible, or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:
any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
any errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
User’s use of and access to the Service, including any data or content transmitted or received by User;
User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
User’s violation of any statutory law, rule, or regulation;
any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
User’s willful misconduct; or
statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g., labor actions, pandemics, infrastructural breakdowns or blackouts, etc.).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of this Website must be sent using the contact information stated in this document.
US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent.
Entire Agreement
These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Severability
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Governing law
These Terms are governed by the law of the State of Delaware, United States of America, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies entirely with the courts of Salt Lake City, Utah, United States of America.
Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
Dispute resolution
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint to the Owner by using the dedicated section of this Website and following the instructions provided.
The Owner will process the request without undue delay and within 21 days of receiving it.
Amicable resolution of disputes between Users
Users may bring disputes with other Users resulting from their interaction via this Website to the Owner, who will then try to mediate the conflict in order to achieve an amicable solution. While Users' right to take legal action shall always remain unaffected, if any such controversy between Users should arise in connection with using this Website or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
Online dispute resolution for Consumers
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.
As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link. https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Definitions and legal references
This Website (or this Application)
The property or website that enables the provision of the Service, including but not limited to, levelnext.com.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Consumer
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.
European (or Europe)
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Owner (or We)
LevelNext.com, Inc., a Delaware corporation
Product
A good or service available for purchase through this Website, such as e.g., physical goods, digital files, software, mentor services, etc.
The sale of Products may be part of the Service.
Service
The service provided by this Website as described in these Terms and on this Website.
Terms
All provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using this Website.
Latest update: July 15, 2022
Mentor Terms and Conditions
These Terms are entered into by and between you and LevelNext.com, Inc.
The following terms and conditions govern
the use of this Website, including any Products or Services offered on or through this Website; and
any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
By using this Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy. If you do not want to agree to these Terms or our Privacy Policy, you must not access or use the Website or our Products or Services.
The User must read this document carefully.
Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
This Website is provided by:
LevelNext.com Inc.
406 South Jordan Pkwy Ste. 100
South Jordan, UT 84095
United States of America
Owner contact email: hello@levelnext.com
By using this Website, Users confirm to meet the following requirements:
Users must be recognized as an adult by applicable law; and
Minors may only use this Website under parental or adult supervision.
Account registration
To use the Service, Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability or denial of Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Website.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Conditions for account registration
Registration of User accounts on this Website is subject to the conditions outlined below. By registering, Users agree to meet such conditions. Accounts registered by bots or any other automated methods are not permitted.
Account termination
Users can terminate their account and stop using the Service at any time by requesting account deletion through the User dashboard as provided on this Website.
Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Consistent or disruptive cancellations affect the User experience and are therefore monitored by the Owner. If a User shows a pattern of excessive cancellations, the User account may be suspended or deleted.
Content on this Website
Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on this Website - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Content provided by Users
The Owner allows Users to upload, share or provide their own content to this Website.
By providing content to this Website, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Rights regarding content provided by Users
Users acknowledge and accept that by providing their own content on this Website they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Website as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Website.
Users acknowledge, accept and confirm that all content they provide through this Website is provided subject to the same general conditions set forth for content on this Website.
Liability for provided content
Users are solely liable for any content they upload, post, share, or provide through this Website. Users acknowledge and accept that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to this Website:
if any complaint based on such content is received;
if a notice of infringement of intellectual property rights is received;
upon order of a public authority; or
where the Owner is made aware that the content, while being accessible via this Website, may represent a risk for Users, third parties and/or the availability of the Service.
The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Website.
Access to external resources
Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Acceptable use
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair the Owner’s legitimate interests; or
offend the Owner or any third party.
TERMS AND CONDITIONS OF SALE
Paid Services
The fees, duration and conditions applicable to the purchase of paid services are described below and in the dedicated sections of this Website.
To purchase services, the User must register or log into this Website.
Product description
Prices, descriptions or availability of Services are outlined in the respective sections of this Website and are subject to change without notice.
While Product Services on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
Users must choose the desired Product and verify their purchase selection.
After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
Order submission
When the User submits an order, the following applies:
The acceptance of a User submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes, processing fees and possible further fees and expenses, as specified on the order page.
In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
Upon submission of the order, Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on this Website are displayed, excluding any applicable fees, taxes and costs.
Methods of payment
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website.
All payments are independently processed through third-party services. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
Retention of usage rights
Users do not acquire any rights to use the purchased Product until a) the submission is accepted and confirmed and b) the total purchase price is received by the Owner.
Performance of services
The purchased service shall be performed or made available within the timeframe specified on this Website or as communicated before the order submission.
Right to cancel
The User may request to withdraw or cancel their session for any reason and without justification, receiving a full refund, as long as the request is received at least 48 hours prior to the scheduled event. If the request to cancel the order is received within 48 hours of the scheduled event, the User agrees to a partial refund; that is, whatever amount is left from the original charge minus a $50 cancellation fee. Users can learn more about the cancellation conditions within this section.
Mentors may decline an application in which case the User will receive a full refund.
Mentors may cancel a session in which case the User will receive a full refund, regardless when the cancellation takes place.
Disclaimer of Warranties
This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible, or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:
any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
any errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
User’s use of and access to the Service, including any data or content transmitted or received by User;
User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
User’s violation of any statutory law, rule, or regulation;
any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
User’s willful misconduct; or
statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g., labor actions, pandemics, infrastructural breakdowns or blackouts, etc.).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of this Website must be sent using the contact information stated in this document.
US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent.
Entire Agreement
These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Severability
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Governing law
These Terms are governed by the law of the State of Delaware, United States of America, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies entirely with the courts of Salt Lake City, Utah, United States of America.
Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
Dispute resolution
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint to the Owner by using the dedicated section of this Website and following the instructions provided.
The Owner will process the request without undue delay and within 21 days of receiving it.
Amicable resolution of disputes between Users
Users may bring disputes with other Users resulting from their interaction via this Website to the Owner, who will then try to mediate the conflict in order to achieve an amicable solution. While Users' right to take legal action shall always remain unaffected, if any such controversy between Users should arise in connection with using this Website or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
Online dispute resolution for Consumers
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.
As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link. https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Additional Terms and Conditions for Mentors
These terms and conditions (“Terms”) is the contract between yourself and Levelnext.com, Inc., a Delaware corporation (“LevelNext”). As a member on our platform, you are an independent contractor. It's therefore important for you to make sure your income is properly declared in your home state and country. As the platform, we are not your employer.
As a Mentor, you must be at least 18 years old and truthfully represent yourself on your profile. The scope of LevelNext's Services is to match you with mentees for sessions and Mentorships, but you are responsible for sharing any kind of information and files with the people you interact with. We are not liable for what happens between you and a mentee.
As a Mentor with a fee, you are able to collect payments once you’ve successfully completed a scheduled session. The payment will be calculated excluding disputes, refunds or failed transactions. Our payment processing partner charges a small fee on all transactions which will be deducted from your payment.
Mentors may cancel sessions at any time in which case the mentee will receive a full refund. Cancellations should be infrequent as it affects the credibility and reputation of the Mentor and the LevelNext platform. If you cancel more than 3 sessions within a 6-month period, your access may be re-evaluated and possibly revoked.
As a Mentor, you may choose to refund a session for the cost of your session rate. LevelNext fees are non-refundable unless the cancellation happens before the scheduled session takes place. Applicable third-party transaction and processing fees are also non-refundable.
Don't publish any dangerous, fraudulent, illegal, pornographic, racist or violent content anywhere on the platform. Don't use your privileges within the platform to harm the system or tamper with it.
We are allowed to modify these Terms if we provide you with a notice of the modification. We are also allowed to terminate your account and withhold any funds if we find you breaching this agreement. LevelNext.com, Inc. is registered in Delaware, USA.
The juristic version
The webSite www.levelnext.com (“Site”), the content located or accessed thereon (“Collective Content”), and the Services offered thereon (“Services”) comprise an online platform which includes the connection between mentees (“Users”) and Mentors like you who are registered as Mentors with LevelNext (“Mentors”). You understand and agree that LevelNext is not a party to any agreements entered into between Users and Mentors. LevelNext has no control over the conduct of Users, Mentors and other Users of the Site and Services, and disclaims all liability in this regard.
Certain areas of the Site (and your access to or use of certain Services) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Collective Content, the Terms will take precedence with respect to your use of or access to that area of the Site, Services, or Collective Content, as applicable.
You acknowledge and agree that, by accessing or using the Site, Services, or Collective Content, or your LevelNext account, or by posting any content on the Site or otherwise, you are indicating that you have read, and that you understand and agree to be bound by, these Terms. If you do not agree to these Terms, then you have no right to access or use the Site, Services, or Collective Content.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will also refer and apply to that company or other legal entity.
1. FUNCTIONALITIES OF THE SITE:
The Site and Services facilitates the interaction between Mentors and Users via our online platform through text chat, video and scheduling interface. Mentors are independent contractors and are not employees or agents of LevelNext.
You are an independent contractor and nothing in this document will be construed as establishing an employment or agency relationship between you and LevelNext. You have no authority to bind LevelNext by contract or otherwise. You will follow the guidelines and instructions provided in connection with this document or as related to the Services or Site, subject to the requirement that you will at all times comply with applicable law. You will not be entitled to any benefits paid or made available by LevelNext to its employees, including, without limitation, any vacation, sick leave or similar pay or benefit, or to participate in any plans, arrangements or distributions made by LevelNext pertaining to any bonus, stock option, profit sharing, insurance or similar benefits.
Please note that, as stated above, the Site and Services are intended to be used to facilitate Mentoring for Users. LevelNext cannot and does not control the Services performed by Mentors, or the actions of any Mentors, Users or other Users of the Site and Services. LevelNext is not responsible for and disclaims any and all liability related to any and all actions of Mentors, Users, third parties and other Users of the Site and Services. Accordingly, any meetings (virtual or otherwise) between Users, Mentors or any other third parties are done at the parties' sole risk.
2. ACCOUNT REGISTRATION ELIGIBILITY AND USAGE:
To become a Mentor and to be eligible to receive payment for the sessions you provide, you must register and create an “Account” and be 18 or older. By registering as a Mentor, you represent and warrant that you are 18 or older.
You can register to join the Service as a Mentor by submitting an application on the webSite and logging in to your account. You must provide certain personal information for registration and usage of the webSite and Services associated with it.
When you register with LevelNext and set up your Account, you:
Agree to provide LevelNext with accurate and complete information;
Agree to promptly update your Account information with any new information that may affect the operation of your Account; and
Authorize LevelNext, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to any transactions you initiate via the Site and Services. You will not use false identities or impersonate any other person or use a Username or password that you are not authorized to use.
You are responsible for safeguarding and maintaining the confidentiality of your Username, password and corresponding account information. You agree not to disclose your password to any third party and that you are entirely and solely responsible for any and all activities or actions that occur under your account, whether or not you have authorized such activities or actions. You will immediately notify LevelNext of any unauthorized use of your Username, password or Account.
You agree that you will not permit, enable, introduce or facilitate:
Persons who do not have an Account to have access to the features of the Site and Services only made available to registered Mentors; and
Other persons to participate in providing Sessions from your Account.
3. PRIVACY:
You can review the LevelNext Privacy Policy for information and notices concerning LevelNext’s collection and use of your personal information.
4. REPRESENTATIONS AND WARRANTIES:
If you register via the Site and Services to serve as a Mentor, you represent and warrant to LevelNext that you:
Will provide feedback and guidance as per the resources set up or approved by LevelNext only;
You have completed the academic degrees you have listed as your degree at the time of registration to use the Site and Services; and
You are employed in the company and position you have listed as your current job at the time of registration to use the Site and Services.
5. USER INTERACTION AND SESSIONS PROVISIONS:
As a Mentor you acknowledge and agree to the following:
LevelNext facilitates the interaction between the Mentor and Users within the framework provided by LevelNext and is not responsible for any Mentor's failure to comply with laws or regulations. Without limiting the terms of the “Limitation of Liability” section below, LevelNext is not responsible for the use or exchange of any information, files or goods between Mentors and Users.
You are solely responsible for your interactions with Users. You understand that LevelNext does not in any way screen Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and disclosing personal information to Users. You agree to take reasonable precautions in all interactions with Users. Without limiting the terms of the “Limitation of Liability” section below, your use of the Site and Services and provision of sessions is at your sole risk and discretion.
LevelNext reserves the right to contact Mentors and Users, in compliance with applicable law, in order to evaluate compliance with the rules and policies set forth in this Agreement. If you ever believe that a User or another Mentor has violated the law or is defrauding, threatening or endangering anyone, you shall immediately contact the police or appropriate parties directly for help.
You will comply with all applicable local, state, national and foreign laws, treatises and regulations in connection with your interaction and exercise professionalism, care, skill, diligence and prudence.
You are solely responsible for the content of the communications, assistance and direction that you provide.
You are solely responsible for all equipment necessary to access and use the Site and Services and to provide mentoring.
You will not record or otherwise store any sessions that you provide through the Site, Services, or Collective Content without written consent from all participating parties.
You will not use the Site, Services, or Collective Content or provide mentoring sessions in any manner that harasses a User or another Mentor or could interfere with any other party's use or enjoyment of the Site, Services, or Collective Content. You will respect the privacy of others and not use the Site, Services or sessions for unwelcome, rude or abusive communications or in any other manner as determined by LevelNext in its sole discretion and in accordance with its Code of Conduct.
You may not use the Site, Services, or Collective Content to contact a User to meet in person. You may not provide Sessions to a User outside of the Site, Services, or Collective Content.
You shall respond to the messages, questions and applications you receive which may be provided to you in a timely manner. Any application that does not receive a response within 72 hours of the original request will be automatically declined on behalf of the Mentor.
You are responsible for compliance with local laws if and to the extent local laws are applicable and shall not misrepresent or hold out that you are in compliance of any other laws other than what is expressly stated herein.
A Mentor accepts full responsibility for all his acts and information published by him/her on the Site and shall indemnify LevelNext in relation to any liability incurred by them as a result of any such information.
6. PAYMENTS & REFUNDS:
LevelNext collects payment from the User at the time they submit an application to a Mentor. This includes the Mentor fee and platform fee, which is the total cost published on your public Mentor Profile.
Users can request to cancel an application or session at any time prior to the session date/time. If the request is 48 hours or more before the requested date/time, the User will receive a full refund. If the User requests to cancel within 48 hours of the scheduled session, they will receive a partial refund of the paid balance, minus a $50 cancellation fee. This cancellation fee (minus any processing or transaction fees from payment processing partners) is split between the Mentor and LevelNext.
Mentors can decline an application in which case the User will receive a full refund.
Mentors can cancel a session in which case the User will receive a full refund, regardless when the cancellation takes place.
Payments will be calculated by corresponding transactions with Stripe's transaction history after a User who has completed their session with you. In order for payment to be issued, you must attest the session was completed through your LevelNext dashboard.
A Stripe account is required to be a public Mentor on LevelNext in order to facilitate payments. Mentors who reside in countries or regions that do not support Stripe may have their application declined for this reason.
Your payments are based on your hourly rate at the time of accepting a User application. Once a session has been successfully completed, LevelNext will transfer the amount directly to your connected Stripe account, minus any applicable processing or transaction fees.
Payments are depoSited within 48 hours of session completion, after the Mentor has confirmed it was completed through their Mentor Dashboard. This allows LevelNext time to settle potential disputes or refund requests, should they arise.
You acknowledge and agree that LevelNext reserves the right, in its sole discretion, to prospectively modify its payment policy at any time and in case of unavoidable circumstances, is able to withhold or cancel payments with prior notice. By continuing to provide sessions after this modification comes into effect, you are indicating that you agree to be bound by the modified mentor payment terms. If the modified mentor payment terms are not acceptable to you, your only recourse is to cease providing mentoring Services. However, this will only be after having completed assigned sessions at the current rate. In the event you would like to cease providing mentoring Services, you may submit a resignation request through your LevelNext mentor dashboard.
7. TAXES:
All payments are subject to government taxes as applicable.
8. OWNERSHIP:
The Site, Services and content thereon are protected by trademark, and other laws of the United States. You acknowledge and agree that the Site, Services, or Collective Content, including all associated intellectual property rights, are the exclusive property of LevelNext and its licensors. You will not remove, alter or obscure any copyright, trademark, Service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
9. LEVELNEXT LICENSES:
Subject to your compliance with these Terms, LevelNext grants you a limited, non-exclusive, non-transferable license to view LevelNext content solely for the purpose you have been recruited. You may not modify or edit or use any content for your personal or commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by LevelNext or its licensors, except for the licenses and rights expressly granted in these Terms.
10. THIRD PARTY SERVICES:
You shall be solely responsible for acquiring and maintaining all telecommunications and Internet Services and other hardware and software you may decide to use to provide the sessions, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to use of any third-party Service. LevelNext shall not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such third-party Service.
11. GENERAL PROHIBITIONS:
You agree not to do any of the following:
Post, upload, publish, submit or transmit any content that:
Infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Is fraudulent, false, misleading or deceptive;
Is defamatory, obscene, pornographic, vulgar or offensive;
Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
Is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
Promotes illegal or harmful activities or substances.
You also agree not to:
Use, display, mirror or frame the Site, or any individual element within the Site, Services, or Collective Content, LevelNext’s name, any LevelNext trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without LevelNext’s express written consent;
Access, tamper with, or use non-public areas of the Site, LevelNext’s computer systems, or the technical delivery systems of LevelNext’s providers;
Attempt to probe, scan, or test the vulnerability of any LevelNext system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by LevelNext or any other third party (including another User) to protect the Site, Services or Collective Content;
Attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site, Services, or Collective Content through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by LevelNext or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a LevelNext trademark, logo URL or product name without LevelNext’s express written consent;
Use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;
Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site, Services, or Collective Content;
Collect or store any personally identifiable information from the Site, Services, or Collective Content from other Users of the Site, Services, or Collective Content without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
LevelNext will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. LevelNext may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge that LevelNext has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. LevelNext reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that LevelNext, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site, Services, or Collective Content.
Links
The Site, Services, or Collective Content may contain links to third-party webSites or resources. You acknowledge and agree that LevelNext is not responsible or liable for:
The availability or accuracy of such webSites or resources; or
The content, products, or Services on or available from such webSites or resources.
Links to such webSites or resources do not imply any endorsement by LevelNext of such webSites or resources or the content, products, or Services available from such webSites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such webSites or resources or the content, products, or Services on or available from such webSites or resources.
12. MODIFICATION:
LevelNext reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Services, or Collective Content or to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Services, or Collective Content after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
13. TERMINATION:
If you breach any of these Terms, LevelNext will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. LevelNext reserves the right to revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause. In the event LevelNext terminates these Terms for your breach, you will remain liable for all amounts due hereunder. You may deactivate your Account at any time by requesting a resignation through your LevelNext dashboard, or by sending an email to support@levelnext.com, but in the event this is done while you have sessions assigned to you, you will not receive any payment for any Mentoring that you do not complete, as this will be considered as abandonment of commitment.
14. DISCLAIMERS:
The Site and Services are provided "as is," "where is," "as available," "with all faults" and, to the fullest extent permitted by law, without warranty of any kind. LevelNext and its licensors disclaim all warranties with respect to the Site and Services, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties regarding quiet enjoyment, quality of information, security, reliability, timeliness, availability of backed-up data and performance of the Site and Services. LevelNext does not warrant that the Site, Services, or Collective Content will meet your requirements, or that the operation of the Site and Services will be uninterrupted or error-free, or that defects in the Site and Services will be corrected, or that encryption algorithms, associated keys and other security measures will be secure or effective.
You acknowledge and agree that LevelNext does not operate or control the internet and that (i) viruses, worms, trojan horses, and other undesirable data, or software, or (ii) unauthorized Users (e.g., hackers) may attempt to obtain access to and damage your data, webSites, computers, or networks. LevelNext shall not be responsible for such activities. You are solely responsible for the security and integrity of your data and systems. No advice or information, whether oral or written, obtained from LevelNext or through the Site, Services or Collective Content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other Users of the Site and Services and with other persons with whom you communicate or interact as a result of your use of the Site, Services, or Collective Content, including, without limitation, any interaction with Mentors or Users via the Services or otherwise. You understand that LevelNext does not screen or inquire into the background of Mentors, Users or other Users of the Site, Services, or Collective Content, nor does LevelNext make any attempt to verify the statements of Mentors, Users and other Users of the Site, Services, or Collective Content. LevelNext makes no representations or warranties as to the conduct of Mentors, Users or other Users of the Site, Services, or Collective Content or their compatibility with any current or future Users or Users of the Site, Services, or Collective Content. You agree to take reasonable precautions in all communications and interactions with other Users of the Site and Services and with other persons with whom you communicate or interact as a result of your use of the Site, Services, or Collective Content.
15. INDEMNITY:
You agree to defend, indemnify, and hold LevelNext, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Collective Content, your provision of any Sessions, or your violation of these Terms.
16. LIMITATION OF LIABILITY:
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services and Collective Content remains with you. Neither LevelNext nor any other person or entity involved in creating, producing, or delivering the Site, Services or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, Services or Collective Content, or from any communications, interactions or meetings with Mentors, Users or other Users of the Site, Services, or Collective Content or other persons with whom you communicate or interact as a result of your use of the Site, Services, or Collective Content whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not LevelNext has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will LevelNext’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Site, Services or Collective Content exceed the mentor payment amounts LevelNext has paid to you in connection with your provision of sessions via the Site and Services or $200 USD (whichever is greater), if you have not received any mentor payments from LevelNext, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between LevelNext and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
17. NOTICES PROPRIETARY RIGHTS:
All trademarks, Service marks, logos, trade names and any other proprietary designations of LevelNext used herein are trademarks or registered trademarks of LevelNext. Any other trademarks, Service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
18. APPLICABILITY OF LAW AND JURISDICTION:
This Agreement shall be in accordance with the laws of the State of Delaware. Any cause of action of any nature arising out this Agreement shall be brought in Salt Lake City, Utah, United States of America.
19. ENTIRE AGREEMENT:
These Terms constitute the entire and exclusive understanding and agreement between LevelNext and you regarding the Site, Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between LevelNext and you regarding the Site, Services and Collective Content.
20. ASSIGNMENT:
You may not assign or transfer these Terms, by operation of law or otherwise, without LevelNext’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. LevelNext may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.
21. NOTICES:
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given:
Via email (in each case to the address that you provide); or
By posting to the Site. For notices made by e-mail, the date of email sent will be deemed the date on which such notice is transmitted.
22. GENERAL:
The failure of LevelNext to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mentor. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
23. CONTACTING LEVELNEXT:
If you have any questions about these Terms, please contact LevelNext at hello@levelnext.com.
Definitions and legal references:
This Website (or this Application)
The property or website that enables the provision of the Service, including but not limited to, levelnext.com.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Consumer
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.
European (or Europe)
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Owner (or We)
LevelNext.com, Inc., a Delaware corporation
Product
A good or service available for purchase through this Website, such as e.g., physical goods, digital files, software, mentor services, etc.
The sale of Products may be part of the Service.
Service
The service provided by this Website as described in these Terms and on this Website.
Terms
All provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using this Website.
Last updated: August 11, 2022
