Terms of Use

Effective as of September 3, 2022

 

1. Terms

This application (“Leval Life App”) is provided by Kamor Cook Enterprises LLC doing business as Leval Life (“Company”). This Leval Life App will allow you to participate in certain courses (“Courses”) and receive certain materials that are proprietary to Company. By accessing this Leval Life App, you are agreeing to these Terms of Use and all applicable laws and regulations. If you do not agree with any of these terms, you may not access or use this Leval Life App. Company may revise the Terms of Use for its Leval Life App at any time without notice. By using this Leval Life App you are agreeing to be bound by the then current version of these Terms of Use. The Course content and other materials accessible on this Leval Life App are protected by applicable copyright, trademark and other state and federal laws. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO USE THIS LVEAL LIFE APP. PERSONS UNDER 13 MAY NOT USE THIS LEVAL LIFE APP. PERSONS BETWEEN 13 AND 18 YEARS OF AGE MUST HAVE A PARENT’S OR GUARDIAN’S PERMISSION TO USE THIS LEVAL LIFE APP AND TO PARTICIPATE IN ANY COURSES OR ACCESS ANY COURSE MATERIALS.

 

2. Use License

A. The Courses and all other materials on this Leval Life App (collectively, Course content and related information and materials are sometimes referred to as “Materials”) and any trademarks owned by Company that are used in providing the Leval Life App or any other service provided by Company, contain Company’s intellectual property (“Company IP”) and are protected to the maximum extent permitted by copyright, trademark and other intellectual property laws and international treaties. Following your payment of applicable fee(s), Company grants you permission to participate in Courses and access the Materials for personal, non-commercial use, provided that you may not:

     i. modify or copy the Materials;

     ii. use the Materials for any commercial purpose, or for any public display (commercial or non-commercial); 

     iii. share the Materials with a person who is not licensed by Company to receive them;

     iv. remove any copyright, trademark and/or other proprietary notations from the Materials; or

     v. transfer the Materials to another person or entity, screen scrape or 'mirror' the Materials on any other server.

 

B. This license shall automatically terminate if you violate any of these restrictions. Either party may terminate this Agreement at any time with or without notice, provided that if Company terminates the license without cause, it will refund to you any fees paid in advance. Otherwise, all fees are non[1]refundable. Termination of this Agreement shall not terminate provisions that by their nature survive termination, including without limitation, Sections 2(C) and (D), 3, 5, 6 and 8.

 

C. This Leval Life App may contain features that allow you to communicate with Company and/or other Course participants. You represent that you own or have the right to share with others any content that you post or transmit through this Leval Life App (“User Content”), and that such User Content does not violate any third party’s rights, or these Terms of Use. Company shall have the right to remove User Content in its discretion, but will not be liable for the failure to do so. If you believe that User Content that violates these Terms has been posted or that User Content has been incorrectly removed, you can contact us at [email protected]

 

D. In addition, the Leval Life App or the Materials may contain links to third party sites, apps or content. These are completely independent of the Company and Company shall bear no responsibility for third party sites, apps or content.

 

3. Privacy and Confidentiality

The Company respects your privacy and we expect you to respect the privacy of the other participants in the Courses. The identity of the participants and all discussions, chats, emails and other communications must be treated as confidential. You also agree to abide by any privacy policy and community guidelines that we may post on or in connection with the Leval Life App.

 

4. Communications

Your communications must be respectful and not misleading. Among other things, you agree not to post or transmit any content that:

- Defames, libels, abuses or threatens others.

- Is bigoted, hateful, racially offensive, harassing, defaming, or vulgar.

- Infringes any copyright, trademark, trade secret or other proprietary right of a third party or that violates any right of publicity, right of privacy or any other laws or regulations.

- Consists of advertising or any form of commercial solicitation.

- Advocates illegal activity or discusses illegal activities with the intent to commit them.

- Contains vulgar, obscene or indecent language or images.

- Is false or intentionally misleading When you register for an account you must use your real name and all of the other information you provide to Company in the registration process must also be accurate.

 

5. DISCLAIMER

THE MATERIALS ARE PROVIDED 'AS IS'. COMPANY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF MATERIALS OR OTHERWISE RELATING TO THE MATERIALS, THE LEVAL LIFE APP, ANY SITES LINKED TO THE LEVAL LIFE APP OR OTHERWISE. MATERIALS AVAILABLE THROUGH THE LEVAL LIFE APP ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED AS A SUBSTITUTE FOR ADVICE PROVIDED BY A HEALTHCARE PROFESSIONAL. DO NOT USE THE MATERIALS TO DIAGNOSE OR TREAT ANY PHYSICAL OR MENTAL HEALTH PROBLEMS OR OTHERWISE ADDRESS MEDICAL NEEDS.6 Some jurisdictions do not allow warranty exclusions, so such exclusions may not apply to you.

 

6. LIMITATIONS

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR AN OF ITS SUPPLIERS OR SUBCONTRACTORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT OR DUE TO BUSINESS INTERRUPTION OR OTHER CONSEQUENTIAL OR INDIRECT DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS OR ACCESS THE LEVAL LIFE APP, EVEN IF COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE. IF, NOTWITHSTANDING THE ABOVE, COMPANY IS FOUND LIABLE FOR DAMAGES, IT IS AGREED THAT SUCH LIABILITY SHALL NOT EXCEED $100 IN THE AGGREGATE. Some jurisdictions do not allow damages exclusions, so such exclusions may not apply to you.

 

7. Account Information

If you set up an account on this Leval Life App, you are solely responsible for the activity that occurs on your account, providing accurate information and updating that information when it changes. You agree to keep your account password secure and to immediately notify us if you know of or suspect any unauthorized use of your password or account.

 

8. Indemnity

You agree to indemnify and hold Company harmless from and against any and all claims, actions or demands, including court costs and reasonable legal fees, resulting from your use of this Leval Life App or violation of these Terms of Use.

 

9. General

These Terms of Use shall be governed by the laws of the State of New York. You submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in New York County, New York. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede all previous agreements, written or oral, between us concerning such subject matter. Our failure to exercise any right under these Terms of Use will not be construed as a waiver of such right, nor will it in any way affect our other rights hereunder. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it enforceable or, if modification is not possible, it shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.