Level Terms of Service
I. WHO WE ARE
1. Level Holdings LC dba Level On Demand Real Estate Services (hereafter known as "Level," "we," "us," or “our”).
2. Level is a service provider of real estate information, services and related work materials.
3. We provide access to information through our website and we may provide the ability to use certain functionalities of the Site or provide services of various kinds (the "Services"). The Site and Services are made available to you, (herein the “User”), subject to the following terms and conditions (the "Terms").
4. PLEASE READ THE TERMS CAREFULLY. BY USING THE SITE OR INFORMATION, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS FULLY, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, (iv) YOU ARE LEAST 18 YEARS OLD, and/or (v) IF YOU ARE UNDER 18 YEARS OLD, YOU HAVE PERMISSION FROM YOUR LEGAL GUARDIAN TO VIEW THE SITE. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE OR THE INFORMATION, AND IF YOU SO ANYWAY, YOU DO SO ON YOUR OWN ACCORD AND AT YOUR OWN RISK.
II. ACCESS TO OUR ONLINE INFORMATION
6. General Restrictions on Use. The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Information to any third-party. You may use the Site and the Information only for personal purposes, such as to use the site to buy services or work materials, to learn more about Level, its services, or potential employment with Level.
7. You agree not to solicit Level or approach Level about any investments. You further agree not to combine or integrate the Site and the Information with hardware, software or other technology or materials. You may not modify or create any derivative product based on the Site and the Information. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and the Information is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. Except as expressly stated herein, no part of the Site or Information may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Information shall be subject to these Terms. You agree not to use the Site and the Information to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) steal or disclose any proprietary and confidential information obtained; or (f) interfere with or disrupt the Information or servers or networks connected to the Information, or disobey any requirements, procedures, policies or regulations of networks connected to the Information. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Information (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.
8. Access to Information. User acknowledges that this site is open to the public. However, any and all information contained herein is subject to the various clauses contained within these Terms.
9. Use of Third-Party Offerings. You may be able to access websites, content, products or Information provided by third-parties through links that are made available on the Site. We refer to all such websites, content, Information and products as “Third-Party Offerings.” For example, we may permit third parties to advertise their products and Information on the Site, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.
10. Ownership and Intellectual Property. As between you and us, we, as applicable, retain all right, title and interest in and to the Site and the Information, and all related intellectual property rights. Level reserves all rights not granted in these Terms. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Information. If you provide Level any personal information, feedback, or suggestions regarding the Site or Information (“Feedback”), you hereby assign to Level all rights in the Feedback and agree that Level shall have the right to use such Feedback and related information in any manner it deems appropriate. Level will treat any Feedback you provide to Level as non-confidential and non-proprietary. In addition, Level shall treat any personal information you provide as confidential and by submitting such information, you agree to allow Level to use any related information in any manner it deems appropriate. You agree that you will not submit to Level any information or ideas that you consider to be confidential or proprietary.
11. Copyright © 2020 Level. All Rights Reserved. All rights reserved. All trademarks, logos and Information marks (“Marks”) displayed on the Site or Information are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
12. We respect the intellectual property of others and asks that users of our Site and Information do the same. In connection with our Site and Information, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Information who are repeat infringers of intellectual property rights, including copyrights.
a. Log Files
Like many Web sites, we automatically gather certain information about our Site traffic and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Site, to track users’ movements around the Site and to gather demographic information about our user base. We do not link this automatically collected data to personally identifiable information.
III. USER CONTENT
14. “User Content” means any and all information and content that a user submits to, or uses with, the Site or Information (e.g., content about user, photographs, or other postings). You, as a user, are solely responsible for your User Content and assume all risks associated with use of your User Content. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Level. Because you alone are responsible for your User Content (and not Level), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Level is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
15. License. You hereby grant, and you represent and warrant that you have the right to grant to Level an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license and authorization to use your, and you agree to allow Level to use any related information in any manner it deems appropriate. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
16. Acceptable Use Policy. The following sets forth Level’s “Acceptable Use Policy”: You agree not to use the Site or Information to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) that constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; (vi) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise, and (vii) you shall not, without prior written approval of Level, use for your own commercial or financial benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Level.
17. Enforcement. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such acts may include removing or modifying or terminating your access to Level website, and/or reporting you to law enforcement authorities. All users must register with admin any violations. Any violations may be enforced to the fullest extent of the law.
18. Injunctive Relief. A breach of this Agreement may cause irreparable and continuing damage to Disclosing party for which money damages may be insufficient, and Level shall be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper (including money damages if appropriate).
IV. LEGAL DISCLAIMER, HOLD HARMLESS, LIMITATIONS, AND EXCLUSIONS OF LIABILITY
19. Level is an equal opportunity employer. Level does not discriminate on the basis of race, ethnicity, religion, sex, color, national origin, gender, sexual orientation, genetic information, age, disability, or marital status in its hiring or employment practices.
20. User of this site understands and acknowledges that use of this site may expose them to certain inherent risks. User understands that this site relies on information provided by third party data providers as well as User, and that we have no way to verify that any of the information listed by the parties i.e. data providers and User is accurate, up-to-date, or fraudulent.
21. Similarly, User of this site also understands that Level sometimes uses the information provided by the User along with information obtained through several third party data providers. Accordingly, User understands that Level cannot guarantee any reliance upon this information by User. Any reliance upon such information is entirely the User’s own risk, as any reliance upon such information or any end-result cannot be guaranteed.
22. User acknowledges that any information or services provided by Level are for informational purposes only, and should not be construed as legal, tax, investment, financial, or other advice. No information or services provided to User by Level constitutes a solicitation, recommendation, endorsement, or offer by Level or any third party service provider in this or in in any other jurisdiction in which such solicitation or offer would be unlawful under the securities or real estate laws of such jurisdiction.
23. All information or services provided by Level is of a general nature and does not address the circumstances of any particular individual or entity. Nothing provided by Level constitutes professional and/or financial advice, nor does any information or service constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. Level is not a fiduciary by virtue of any person’s use of or access to the information or services provided by Level. User alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or services before making any decisions based on such information or services, including, but not limited to, financial loss, breach of contract, contact with other Users, mental and emotional injuries, and all other such risks, either known or unknown. User understands the risks involved, and that they are not being forced to use this site.
24. User acknowledges that they have read and understand this Legal Disclaimer. User agrees that they are over 18 years of age, are mentally competent, and that they voluntarily agree to the terms above.
25. Being aware of the above, the User takes any information from Level at their own risk. By using any of the information, the User agrees NOT TO SUE Level, or any of its agents or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by the customers or consumers, should there be any side effects from the use of its products or reliance on any information, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, negligence, or otherwise, to the fullest extent allowed by law.
26. You agree to indemnify, hold harmless and, at our option, defend our business, including our affiliates, officers, directors, employees, agents, and any third-party information providers) from and against all damages, claims, demands, liabilities, costs, and expenses, including reasonable attorneys' fees, resulting from any violation of these terms or applicable law or your user content.
V. GENERAL PROVISIONS
27. Modifications to Terms. We may change these Terms from time to time. If you object to any such changes, your sole recourse will be to cease using the Site and reading any more of the Information. Continued use of the Site or the Information following posting of any such changes will indicate your acknowledgment of such changes and your agreement to be bound by the revised Terms, inclusive of such changes.
28. Severability. If any provision (or portion of thereof) of these Terms and Conditions or Legal Disclaimer is declared by an arbitrator, mediator, or court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and, as far as possible, the arbitrator, mediator, or court shall limit the scope or application of the affected clause to the least extent possible in order that it may be valid and enforceable.
29. Governing Law. Both parties hereby further agree that this Legal Disclaimer shall be construed in accordance with the laws of Wyoming and that any mediation, suit, or other proceeding must be filed only in that jurisdiction.
30. Remedies. Both parties agree that any controversy or claim arising out of or relating the Terms and Conditions and Legal Disclaimer, including claims arising out of or related to the Terms and Conditions and Legal Disclaimer, shall be first settled by arbitration. Both parties agree that any arbitrator needs to be mutually agreed upon. Should arbitration fail, both parties agree to have their legal issue be heard before a mediator that both parties need to mutually agree upon. Should mediation fail, both parties agree that they may then have their legal issue resolved by the courts.
31. Legal Fees. In the event of any legal or equitable proceeding (arbitration or mediation) arising out of or in connection with the parties’ obligation under these Terms and Conditions and Legal Disclaimer, the prevailing party shall recover its reasonable attorneys’ fees and costs, including reasonable costs for experts. The prevailing party shall be the party who obtained substantially the same remedy requested, whether by judgment, appeal, settlement, or award.
32. Contact Information. If you have any questions regarding Level, you can contact us at: