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Terms of service

Welcome to Level Up! These terms of service (the "Terms") are a legal agreement between you and Sandcastle Inc. ("us", "we", or "our"), the owner and operator of the Level Up website (the "Site"). These Terms govern your access to and use of the Site, as well as the products and services offered through the Site, including our online courses and live classes (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

1. ELIGIBILITY

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and that you have the legal capacity to enter into a binding contract.

2. ACCOUNT REGISTRATION

To access certain features of the Services, you may need to create an account. When you create an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account.

3. USE OF THE SERVICES

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that violates any applicable federal, state, or local law or regulation.

You are responsible for your own conduct and any content that you create, transmit, or display while using the Services. You agree not to use the Services to:

  • Engage in any illegal or fraudulent activity.
  • Infringe on the intellectual property rights of others.
  • Harass, abuse, or harm anyone.
  • Send spam or unsolicited emails.

We reserve the right to terminate your access to the Services if you violate these Terms or engage in any conduct that we deem inappropriate.

4. FEES AND PAYMENT

Some of the Services may be subject to fees. We will clearly communicate any applicable fees to you before you decide to use the Services. All fees are non-refundable, unless otherwise specified.

You agree to pay all fees and charges incurred in connection with your use of the Services. We reserve the right to change our fees at any time, but we will provide notice of any fee changes before they become effective.

5. INTELLECTUAL PROPERTY

All content included as part of the Services, such as text, graphics, logos, images, and software, is the property of Sandcastle Inc. or its licensors and is protected by United States and international copyright and trademark laws. You may not use any content for any commercial purpose or for any other public display without the prior written permission of Sandcastle Inc.

6. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS.

7. LIMITATION OF LIABILITY

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).

8. INDEMNIFICATION

You agree to defend, indemnify, and hold us and our affiliates and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, and suppliers, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

9. GOVERNING LAW

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or the Services shall be filed only in the state and federal courts located in San Francisco County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

10. DISPUTE RESOLUTION

We prefer to resolve disputes through negotiation and mutual agreement. If a dispute arises out of or relates to these Terms or the Services, and it cannot be resolved through negotiation, you and we agree to attempt to resolve the dispute through mediation in accordance with the American Arbitration Association's rules for commercial mediation. If the dispute cannot be resolved through mediation, it shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules for commercial arbitration.

11. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

12. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and us regarding the use of the Services. These Terms supersede and replace any prior agreements or understandings, whether written or oral.

13. CHANGES TO THE TERMS

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will provide notice of the changes, either by posting a notification on the Site or by sending you an email. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms.

14. CONTACT US

If you have any questions about these Terms or the Services, please contact us.

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