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TERMS OF SERVICE

Level Up Women Inc.

Thank you for using the services of Level Up Women Inc. (“Level Up,” “we,” “us,” “our,” etc.,), including our website lvlupwomen.org (the “Services”). These terms and conditions of use (“Terms of Service”) describe your rights and responsibilities with regard to use of the Services. By accessing, browsing, and/or using the Services, you acknowledge that you have read, understood, and agreed to be legally bound by and comply with these Terms of Service.

 

If you do not agree to abide by these Terms of Service, please do not use the Services, and otherwise discontinue use of the Services.

 

We reserve the right, in our sole discretion, to amend these Terms of Service, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should check the Terms of Service from time to time when you use our Services to determine if any changes have been made. You can determine when the Terms of Service were last revised by referring to the “Version Date” notation above. If you use the Services after the amended Terms of Service have been posted, you will be deemed to have agreed to any amended Terms of Service. If any of the provisions of these Terms of Service are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Services. Use of the Services is also subject to our Privacy Policy, which can be found HERE.

 

1. USER RESPONSIBILITIES

 

As a condition of your use of the Services, you agree not to engage in the following actions: (a) use the Services for any purpose that is in violation of any applicable local state, federal law or regulation, or prohibited by this Terms of Service; (b) take any action, or use the Services in any manner, which could damage, disable, overburden, or impair the use of the Services, or interfere with any other party’s use and enjoyment of the Services; (c) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological security measures on the Services; (d) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services; (e) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; (f) copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Level Up or third-party content (“Content”) from the Services. Search result pages may be printed for individual use; (g) resell Content from the Services for any purpose, or provide it to third parties by gift, copying on a charge basis, copying on a no charge or “cost recovery” basis, loan, rental, service bureau, external time sharing or similar arrangement; (h) upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights thereto or have received all necessary consents; and (i) encourage or enable any other individual to do any of the foregoing.

 

2. REGISTRATION DATA AND ACCOUNT SECURITY

 

In consideration of your use of the Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration or donation forms on the Services (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Level Up , to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Level Up.

 

3. LICENSE AND USE

 

The Services and all its features and functionalities (including but not limited to all information, text, displays, images, video, and audio, and the design selection and arrangement therefore) and all of the Content are owned by Level Up, its licensors, and other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. All rights related to the same are reserved.

 

Subject to your compliance with these Terms of Service, we grant you a personal, limited, revocable, nonexclusive, and nontransferable license to view, access, and use the Services and its Content, solely for your personal and non-commercial use. No other right, title, or interest in or to the Services is transferred to you, and all rights not expressly granted are reserved by us. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, rent, sell, or participate in any sale of or exploit in any way, in whole or in part, except: (i) as expressly authorized by Level Up in writing; (ii) to temporarily store files that are automatically cached by your Web browser for display enhancement purposes; (iii) to print or download one copy of a reasonable number of pages of the Services for your personal, non-commercial use and not for further reproduction, publication or distribution; (iv) to share the Services or updates of the Services, or to link to a reasonable number of pages of the Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and provided you do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. We reserve the right to withdraw linking permission in our sole discretion and without notice.

 

The permissions listed above are granted on the condition that: (i) you do not remove or modify any copyright, trademark, or other proprietary rights notices or disclaimers from Content or copies of materials from the Services; (ii) you add a permission notice (e.g., “Used with Permission”) to such Content; (iii) your use of the Content does not imply that Level Up endorses, sponsors or is affiliated with any product, service, person, or entity; (iv) you do not modify, decompile or reverse engineer any Content; (v) you do not use any illustrations, photographs, video or audio sequences, or any graphics without permission from Level Up; or (vi) the use of such Content is in compliance with these Terms of Service.

 

 

4. TRADEMARKS

 

You acknowledge that the Services and its Content may be protected by copyright, trademarks, trade secrets, or other proprietary rights owned by, controlled, or licensed by or to us, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Services is and shall remain our property.

 

All logos and slogans contained in the Services are trademarks of Level Up, its suppliers or licensors, or other third parties and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Level Up or the applicable trademark holder. In addition, the look and feel of the Services – including all page headers, custom graphics, button icons and scripts – is the service mark, trademark, and/or trade dress of Level Up and may not be copied, imitated, or used, in whole or in part, without Level Up’s prior written permission. No portion of the Services may be reproduced in any form, electronic or otherwise, for any purpose other than personal use, without our prior written permission. Any trademarks, logos, service marks, and product marks displayed on the Services are our registered and unregistered marks unless otherwise indicated, and are protected by U.S. and international trademark laws. All other trademarks not owned by us that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the Contents herein may be a violation of applicable trademark and/or copyright laws and could subject the copier to legal action.

 

You agree to comply with all intellectual property right laws and you shall not encumber any interest in, or assert any rights to, any Content from the Services. You shall not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part, of the Services.

 

 

5. LINKS TO THIRD-PARTY WEB PAGES OR APPS

 

The Services may contain hyperlinks or references to other websites (“Linked Services”) operated by third parties. Level Up makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party websites or apps accessible by hyperlink from the Services, or websites linking to the Services. Such websites are not under the control of Level Up, and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such Websites. Level Up provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Level Up of any site or any information contained therein. Your use of these Linked Services is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Services. When you leave the Services, you should be aware that our terms and policies will no longer govern your activity. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Services.

 

 

6. DISCLAIMER OF WARRANTIES

 

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. LEVEL UP IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT, OR PHOTOGRAPHY.

 

 

7. INDEMNIFICATION

 

You agree to indemnify, defend, and hold Level Up harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorneys’ fees and costs, arising from, or related to, (i) any breach by you of these Terms of Service, (ii) your use of material or features available on the Services in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.

 

 

8. SUSPENSION AND TERMINATION RIGHTS

 

The Terms of Service will remain in full force and effect as long as you continue to access or use the Services. You may terminate the Terms of Service at any time by unsubscribing to our newsletter and updates, and by destroying all materials obtained through the Services, all related documentation and all copies and installations therefore, whether made under these Terms of Service or otherwise. Your permission to use the Services automatically terminates if you violate these Terms of Service.

 

We may terminate or suspend any of the rights granted by these Terms of Service and your access to the Services with or without prior notice, at any time and for any reason. The following provisions survive the expiration or termination of these Terms of Service for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law; and Miscellaneous.

 

 

9. INTENDED USERS

 

The Services are intended for users who are at least 18 years old. We do not knowingly contact or collect personal information from children under the age of 18. Our Services are not intended to solicit information of any kind from children under the age of 13. If we are informed that we have unintentionally received personal information from a child under the age of 13, we will delete that information.

 

 

10. SEVERABILITY

 

If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any of the remaining provisions.

 

 

11. MISCELLANEOUS

 

The Terms of Service set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms of Service does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms of Service without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void. There are no third-party beneficiaries to these Terms of Service.

 

 

12. LIMITATION OF LIABILITY

 

IN NO EVENT SHALL LEVEL UP OR OUR EMPLOYEES, AGENTS, OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM LEVEL UP, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LEVEL UP ’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LEVEL UP , WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LEVEL UP FOR ACCESS TO OR USE OF THE SERVICES.

 

BY USING THE SERVICES, YOU AGREE THAT YOU WILL LOOK ONLY TO THE ASSETS OF LEVEL UP FOR PAYMENT OF ANY OBLIGATION THAT MAY BECOME DUE FROM LEVEL UP IN CONNECTION WITH YOUR USE OF THE SERVICES. NO MEMBER, OFFICER, EMPLOYEE, OR AGENT OF LEVEL UP SHALL BE LIABLE FOR ANY SUCH OBLIGATION.

 

 

13. AGREEMENT TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS

14. CONTRIBUTION POLICIES

 

All contributions to Level Up through the Services must be made from a contributor’s own funds, not funds provided to the contributor by another person. Contributions to Level Up are not tax-deductible as charitable contributions for federal income tax purposes. Level Up is a non-profit corporation operated in a manner consistent with Section 501(c)(4) of the Internal Revenue Code. Level Up’s 501(c)(4) designation and its tax-exempt status is pending and subject to the IRS’ discretion; upon the IRS approval, exempt status will be recognized back to Level Up’s date of creation.

 

 

15. CONTRIBUTION REFUND AND CANCELLATION POLICY

 

All contributions to Level Up are final. Refunds and cancellations may be given at the sole discretion of Level Up. If you believe that an error has been made in connection with your online contribution, contact us at info@lvlupwomen.org. We will endeavor to work with you to correct any such error. All contribution confirmations will be sent via e-mail. It is your responsibility to provide a correct and valid e-mail address and other contact information.

 

 

16. MOBILE MESSAGES

 

If you request to receive updates or other information by mobile phone or text message (the “SMS Service”) through the Services, you expressly consent to receiving via your mobile device non-telemarketing and non-advertising text messages, including text messages sent by an automatic telephone dialing system (“ATDS” or “autodialer”), from us or a third-party contractor we have retained for their expertise in initiating and transmitting text messages. We do not charge for this SMS Service; however, your carrier’s standard messaging, data and other rates and fees still apply to any messages you send, our confirmations, and all subsequent SMS correspondence and/or transmissions. At any time, you may text STOP to cancel or HELP for customer support information.

 

 

17. QUESTIONS AND CONTACT INFORMATION

 

If you have any questions about our Privacy Policy, please contact us at:

 

info@lvlupwomen.org OR 5028 Erbs Bridge Road, Mechanicsburg, PA 17050

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