Terms of Use

Lvlup.us, LLC Terms of Use

Last Updated: 03/06/2026

Lvlup.us, LLC (“we, us, our, ours, etc.”) is the owner and operator of www.lvlup.us and any affiliated websites and related mobile versions and all services provided thereon (“Lvlup”). We are the owner or licensee of all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, content, information, or materials on Lvlup (“Materials”). These Terms of Use constitute a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to your access to and use of Lvlup, a discount and consumer interest club that sells merchandise (“Merchandise”) as well as memberships packages and subscriptions that offer access to coupons for free or discounted goods and services, discounted merchandise, or cash-back offers (“Discount(s)”) and other benefits such as access to exclusive members-only events or publications (“Benefit(s)”).

By accessing or using Lvlup, you accept and agree to our website policies, including these Terms of Use, and you certify to us that (i) you are eighteen (18) years of age or older, and are at least the age of majority in your jurisdiction; (ii) you have the legal capacity to enter into and agree to these Terms of Use; (iii) you are using Lvlup freely, voluntarily, willingly, and for your own personal enjoyment; and (iv) you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness.

We reserve the right to revise these Terms of Use at any time. You agree that we have this unilateral right, and that all modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these Terms of Use, we will change the “Last Updated” date at the top of these Terms of Use. You agree to re-visit this page on a frequent basis, and to use the “Refresh” or “Clear Cache” function on your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms of Use, then you may presume that nothing in these Terms of Use has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms of Use in their entirety. You must agree to any updated Terms of Use or immediately cease use of Lvlup. If you fail to review these Terms of Use as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights. 

1. Accounts

a) Registration

All users may register for a single account on Lvlup, provided you meet the requirements set forth herein and otherwise abide by these Terms of Use.

 b) Accuracy

If you fail to provide the required information, if we reasonably believe that you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we may reject, suspend, or terminate your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user.

c) No Account Sharing

You will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss resulting from any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.

d) Termination by You

You may delete your account by clicking “Delete Account” in your account settings.  You will not assign, transfer, sell, license, or share your membership to Lvlup. If you do, both you and any unauthorized user are jointly and severally liable for any fees that will be due.

e) Termination by Us

We may suspend or terminate your account, membership, and any licenses herein, at any time, for any reason, in our sole discretion, including if you violate these Terms of Use or if your account becomes inactive for more than six months. If we terminate your account, you will be responsible for all charges to your account at the time of termination. We are not responsible for preserving terminated account information, and we may permanently delete your account and all information associated therewith, in our discretion. 

2. Grant of Rights

a) Your Right to Use Lvlup and to Access the Materials

You understand that all we are offering you is access to and use of Lvlup, as we provide it from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access or use Lvlup.

All users may access and use certain public areas of Lvlup and public Materials, free of charge. We grant all users a limited, nonexclusive, revocable, and non-transferable license, for personal, private, non-commercial purposes, to access and use the features on Lvlup which are provided free of charge. This free license does not include a license to access paid Materials or to use any paid features on Lvlup. 

If you purchase license(s) to access paid Materials or to use paid features on Lvlup, we also grant you a limited, nonexclusive, revocable, and nontransferable license, for personal, private, non-commercial purposes, to access the paid Materials or to use the paid features associated with the license(s) that you have purchased. These paid licenses do not include a license to access paid Materials or to use paid features that are not associated with the license(s) that you have purchased. The rights and limitations associated with, and the prices of, each paid license are displayed on Lvlup at the time of purchase. You understand and agree that (i) all you are purchasing is a license to access the paid Materials or to use the paid feature, (ii) we will remain the rightful owner of all copyrights in the paid Materials, and (iii) such paid Materials may be removed from Lvlup, at any time, for any reason, by us, thereby terminating your license to access such paid Materials. We may change the fees and terms associated with your license to access such paid Materials. All previous offers and discounts for such licenses are unavailable once removed from Lvlup.

Regardless of whether such features or Materials are paid or free, we reserve the right to limit the features and Materials that we make available to you, and your license to access and use Lvlup, the features, and the Materials is not a transfer of title. You will not copy or redistribute any Materials, and you will prevent others from unauthorized access, use of, or copying of the Materials. 

3. Acceptable Use Policy

a) Prohibited Uses for All Users

You agree that you will only use Lvlup for purposes expressly permitted and contemplated by these Terms of Use. Without our express prior written authorization, you will not: 

• use Lvlup in any way that violates these Terms of Use, or any applicable law, regulation, or treaty of any applicable governmental body, nor any credit card association rules, including:

• laws prohibiting illegal gambling;

• laws prohibiting obscenity, non-consensual dissemination of intimate materials (aka “revenge porn”), and other illegal materials, including descriptions or depictions of sexual activity involving minors, incest, bestiality, violence, rape, torture, or murder;

• laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property rights, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, or deleting intellectual property right indications and notices;

• laws against obscene, lewd, defamatory, or libelous speech; and

• laws protecting confidentiality, privacy rights, publicity rights, or data protection.

• fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.

• link to Lvlup on any third-party website in any way that is illegal, unfair, or damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists.

• access the accounts of other users.

• engage in any fraudulent activity, including impersonating any real or fictitious third party, or falsely claiming affiliation with any third party.

• circumvent, disable, damage, or otherwise interfere with the operations of Lvlup, any user’s enjoyment of Lvlup, or our security-related features or features that prevent, limit, restrict, or otherwise enforce limitations on the access to, use of, or copying of Lvlup, by any means, including sharing, linking to, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.

• reverse engineer, decompile, disassemble, or otherwise discover the source code of Lvlup or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.

• access or use any automated process (such as a robot, spider, scraper, or similar) to access or use Lvlup in violation of our robot exclusion headers or to scrape all or a substantial part of the Lvlup (other than in connection with bona fide search engine indexing or as we may otherwise expressly permit).

• using the Materials for training large language models or otherwise using the Materials for any purpose in relation to any artificial intelligence programs.

• modify, adapt, translate, or create derivative works based on Lvlup, except and only if applicable law expressly permits that activity despite this limitation.

• commercially exploit or make available, mirror, or frame Lvlup.

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.

• attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

Engaging in any Prohibited Use will be considered a breach of these Terms of Use and may result in immediate suspension or termination of the user’s account and access to Lvlup or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or otherwise violate these Terms of Use or any international, foreign, or domestic laws, including civil, criminal, or injunctive relief, and termination of your account.

b) Reporting Materials and User Activities

If you are aware of any user engaging in activities that violate these Terms of Use, please email us at support@lvlup.us with as much detail as possible, including a description of the objectionable activities, the location where the activities may be found, the username of the individual who is engaging in suspicious activities, the date and time of identification, the reason we should investigate the suspicious activities, and a statement certifying the accuracy of the information you provided to us. 

c) Law Enforcement

We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms of Use, in accordance with our privacy policies, law enforcement policies, and applicable law. If we receive a subpoena, discovery request, production order, search warrant, or court order in response to your activities which causes us to incur legal expenses, costs, or fees for compliance, you agree to reimburse us for any such legal expenses, costs, and fees upon our request. 

4. Billing
   

a) Purchases 

If you provide valid and current payment information, you may purchase one of the following licenses from us:

• Packages: We charge a one-time fee for Packages. This type of license grants you access to the Discounts and Benefits associated with that Package for a limited time frame. 

• Subscription: We charge a recurring fee for Subscriptions. This type of license grants you access to the Discounts and Benefits associated with that Package for a limited time frame which automatically renews at the end of that time frame, unless timely cancelled. 

• Merchandise: We charge a one-time fee for Merchandise. This purchase is a grant of ownership in certain physical or digital goods.

In either instance, the Discounts and Benefits and time frame associated with, and cost of, each Package or Subscription is prominently displayed on Lvlup. You understand and agree that your license does not include the right to access any Materials, or to use any paid features, which are not designated as a component of the purchased Package or Subscription. You understand and agree that any paid Materials and paid features designated as a component of the purchased Package or Subscription may be removed from Lvlup or undesignated as a component of the purchased Package or Subscription by us, at any time and for any reason. We reserve the right to change the price and terms associated with the sale or license of such goods or services, in our discretion. Any component of a Package that involves services such as planting of trees is agreed to be a voluntary act of corporate goodwill and no payment or portion of a payment shall be treated as a charitable donation. All previous offers or discounts associated with goods or services sold or licensed by us are unavailable once removed from Lvlup.

b) Fees and Charges

You agree to pay all fees and charges related to any purchases made on or through your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You further agree to pay all taxes, duties, import fees, shipping fees, and other charges associated with the purchase of Merchandise. You acknowledge that the charge on your banking statement may display our company name, one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due immediately upon cancellation or termination of your account. 

c) Account Balances

You understand and agree that (i) we do not provide any licensed or regulated financial services, (ii) we do not act as your broker, intermediary, agent, custodian, or advisor in any fiduciary capacity, (iii) your account is not a bank account, (iv) your account balance does not earn interest, (v) your account balance may not be returned or paid to you if we become insolvent, and (vi) your account balances and transactions are only reported to you through Lvlup, and we are under no obligation to issue any other report regarding your account balance or transactions.

d) Third-Party Payment Processing

We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process all payments associated with Lvlup. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.

e) Changes to Your Billing Information

You must promptly inform our third-party billing agents of all changes, including changes in your address, debit or credit card, and other banking information used in connection with billing through Lvlup. You are responsible for any debit or credit card charge backs, dishonored checks, and any related fees that we incur with respect to your account, along with any additional fees or penalties imposed by our third-party billing agents.

f) Chargebacks

If you make a purchase on Lvlup that results in a chargeback, we may terminate your account. You agree to contact us to seek a resolution of any issue before initiating a chargeback. 

g) Changes to Our Billing Methods

We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you.

h) Refunds

You understand and agree that it is our standard policy that all purchases are final and nonrefundable. We reserve the right to address all refund requests in our sole discretion. In no instance will a refund be provided where the user initiates a chargeback.

If you purchase a Subscription, you may cancel the Subscription at any time. If you cancel a Subscription, you will not be issued a refund, and you will continue to have access to the features related to that Subscription until the end of the current billing period.

i) Billing Errors

If you believe that you have been erroneously billed for activity associated with your account, please notify us of such error immediately. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These Terms of Use shall supplement and be in addition to any terms and conditions imposed by third party billing entities we engage to provide billing services. You are responsible for reviewing and complying with such entity’s terms and conditions in addition to those contained in these Terms of Use.

j) Fraudulent Use of Credit Cards

We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account. 

5. Dispute Resolution and Damages

a) Governing Law and Venue

These Terms of Use and all matters arising out of, or otherwise relating to, these Terms of Use shall be governed by the laws of the United States and the state of Florida, excluding any conflict of law principles. Any and all disputes must be, without exception, resolved in Orange County, Florida, and the parties agree to exclusive jurisdiction and venue therein. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, these Terms of Use in any other jurisdiction. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Terms of Use whatsoever. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these Terms of Use. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject matter and may be enforced in any manner provided by law if such enforcement becomes necessary.

b) Waivers

You hereby waive any right or ability to initiate any class action or collective proceeding along with any right to trial by jury. 

c) Rights to Injunctive Relief

You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event you breach these Terms of Use, and that we shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity. You stipulate to a finding of irreparable injury in any claim by us for injunctive relief.

 d) Additional Fees

If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to (i) collect any damages or any other amount of money from you, (ii) pursue any claim against you involving your use of Lvlup or any breach of these Terms, or (iii) defend any claim brought by you involving your use of Lvlup or any alleged breach of these Terms, then you additionally agree that you will reimburse us for all fees, costs, and expenses incurred if we prevail. Likewise, we agree to pay such fees, costs, and expenses if you prevail in a claim against us arising from breach of these Terms. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf any damages award. You agree that the prevailing party will pay these fees and costs.

6. Disclaimers

a) We Disclaim All Warranties 

We provide access to and use of Lvlup “as is” and “with all faults.” We make no warranty that Lvlup will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to or use of Lvlup will be uninterrupted, timely, secure, error-free, or that loss of the Materials will not occur, to the greatest extent provided by applicable law. We may change any of the information found on Lvlup at any time or remove any or all Materials. We make no commitment to update the Materials. We make no warranty regarding any goods or services purchased or obtained through Lvlup or any transaction entered into through Lvlup. There are no warranties of any kind that extend beyond the face of these Terms of Use or that arise because of course of performance, course of dealing, or usage of trade.

b) Use at Your Own Risk

You expressly agree that access to and use of Lvlup is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that Lvlup will be free of viruses, malware, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, generally, or Lvlup, specifically. You understand and agree that any Materials downloaded or otherwise obtained through Lvlup are done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.

c) Third-Party Links

Lvlup may contain links to websites or resources owned and operated by our users or third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services provided by our users or on third-party links. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You agree to hold us harmless from all damages and liability that may result from use of third-party links that appear on Lvlup and any advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or private information by third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the policies of those third parties, not by these Terms of Use or our other policies. We reserve the right to demote or remove any link at any time.

 d) Violations of Law 

Access to and use of Lvlup in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any goods or services in violation of any law, your ability to access and use Lvlup will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.

7. Indemnification

You agree to defend, indemnify, and hold harmless us and our officers, directors, shareholders, employees, independent contractors, telecommunication providers, attorneys, and agents, from and against all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use Lvlup, or any breach of these Terms of Use by you or another person under your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so.

8. Limitation of Liability

You acknowledge that we will not be liable to you for any Materials shared by our users or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of any Materials shared by our users or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of Lvlup including claims relating to the following:

Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, illegal gambling, any financial loss not due to our fault, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of Lvlup, unavailability of Lvlup, its functions and any other technical failure that may result in inaccessibility of Lvlup, or any claim based on vicarious liability for torts committed by individuals met on or through Lvlup, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder. 

The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in our favor, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.

You agree that any damages awarded in connection with any claim arising from these Terms of Service shall be limited to the amount paid by you to us within the six (6) months preceding the claim, or one hundred dollars ($100), whichever is less. 

We expressly disclaim any liability or responsibility to you for any of the following:

• Any loss or damage of any kind incurred because of the Materials, including errors, mistakes, or inaccuracies thereof or any Materials that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.

• Personal injury or property damage of any nature resulting from your access to and use of Lvlup.

• Any third party’s unauthorized access to or alterations of your account, transmissions, or data.

• Any interruption or cessation of transmission to or from Lvlup and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions through Lvlup.

• Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through Lvlup by any third party.

• Any incompatibility between Lvlup and your other services, hardware, or software.

9. Intellectual Property

a) Trademarks 

Lvlup is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on Lvlup may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us.

b) Copyrights

The Materials are our proprietary information and valuable intellectual property. We retain all rights, title, and interest in the Materials. Lvlup and the Materials are protected by copyright law. The Materials may not be copied, downloaded, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in these Terms of Use violates our intellectual property rights.

10. General

a) Entire Agreement

These Terms of Use and any other legal notice or agreement published by us on Lvlup, form the entire agreement between you and us concerning your use of Lvlup. It supersedes all prior terms, understandings, or agreements between you and us regarding use of Lvlup. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in any proceedings based on or relating to these Terms of Use. Such version of these Terms of Use shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

b) Policies of Our Service Providers

You understand and agree that we may use certain third-party service providers to provide you with access to and use of Lvlup. You understand and agree that you must agree to and abide by any user terms, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern.

c) Assignment and Delegation

We may assign any rights or delegate any performance under these Terms of Use without notice to you. Further, as discussed in our Privacy Policy, you agree that we may share, assign and/or transfer any rights to data that you provide to us to any affiliated entity or in the event of a sale, reorganization, lease, license, liquidation, bankruptcy, or receivership of Lvlup. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.

d) Severability 

If any provision of these Terms of Use is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.

e) Cumulative Remedies 

All rights and remedies provided in these Terms of Use are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.

f) Successors and Assigns 

These Terms of Use inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms of Use.

g) Force Majeure 

We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.

h) Notices

Any notice required to be given by us under these Terms of Use may be provided by email to a functioning email address of the party to be noticed, by a general posting on Lvlup, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at support@lvlup.us unless otherwise specified in these Terms of Use. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Terms of Use. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.

i) Communications are Not Private

We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into Lvlup may be read by us and our moderators and other agents, regardless of whether we are intended recipients of such messages.

j) Authorization and Permission to Send Emails to You 

You authorize us to email you notices, advertisements, and other communications. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.

k) Consideration

We allow you to access and use Lvlup, as limited by your purchase of licenses to use certain paid features or to access to certain paid Materials, in consideration for your acquiescence to all the provisions in these Terms of Use. You agree that such consideration is both adequate and received upon your accessing any portion of Lvlup.

l) Electronic Signatures

You agree to be bound by any affirmation, assent, or agreement you transmit through Lvlup. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

m) English Language

We have written these Terms of Use and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Terms of Use as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms of Use. In the event that you choose to translate these Terms of Use, you do so at your own risk, as only the English language version is binding.

n) Export Control

You understand and acknowledge that the software elements of Lvlup may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such elements contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the elements are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities. 

o) No Agency Relationship

Nothing in these Terms of Use shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or any formal business relationship other than independent contractor. The rights and obligations of the parties shall be limited to those expressly set forth herein. 

p) Usages

In these Terms of Use, unless otherwise stated or the context otherwise requires, the following usages will apply:

• References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time. 

• In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”

• References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.

• “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.

• “Including” means “including, but not limited to.”

q) No Waiver

No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms of Use. If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause, or provision shall be deemed to be severed from these Terms of Use.

r) Headings

All headings are solely for the convenience of reference and shall not affect the meaning, construction, or effect of these Terms of Use.

s) Other Jurisdictions/Foreign Law

We make no representation that Lvlup is appropriate or available for use in all locations. You may not access or use Lvlup from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access and use Lvlup from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms of Use shall be interpreted as an admission that that we are subject to the laws of any nation besides the United States.

t) service Not Available in Some Areas

You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access and use Lvlup. LVLUP IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use Lvlup while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Use, and subject to having your account suspended or terminated without any notice to you. You hereby agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any service offered on Lvlup, nor shall any person affiliated, or claiming affiliation, with us have the authority to make any such representations or warranties. We reserve the right to restrict access to and use of Lvlup in any jurisdiction.

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/mnnyya-km/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/mnnyya-km/privacy_policy).