Terms of Service for Matchmaking Services

Terms of Service

PLEASE READ THIS TERMS OF USE (THE TERMS OF USE) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF LEVEL CONNECTIONS, INC. AND ITS AFFILIATES (COMPANY, WE, OUR) WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE SITE) IN ANY WAY, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF USE PERSONALLY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE OUR PLATFORM.

THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

This Terms of Use governs your use of the Site and membership with respect to your use of our website tools located at LEVELConnections.com (“Site”), our downloadable app (when available on the Apple Store or Android Google Play), and our relationship matchmaking services (the “Services”)(the Site, App and Services are collectively referred to as the “Platform”). The Company operates the Platform which includes all text, profiles, audio-visual works including video, communications, content, information, postings, editorial, pictures, materials, software, logos, graphics, sounds, images, data, services, Profile information, and the underlying intellectual property rights thereto (collectively the Content).

By accessing, using the Platform and/or accessing any element of the Platform, you acknowledge your agreement to be bound by this Terms of Use. If you do not agree to be bound by this Terms of Use, please do not subscribe to the Platform, otherwise access the Platform and/or download, copy or use any Content. We reserve the right to update or modify this Terms of Use at any time, upon written notice to you. Your use of the Platform following such modification or update constitutes your acceptance to be bound by this Terms of Use as changed or modified. We encourage you to read through and review this Terms of Use each time you access or use the Platform.

IF YOU DO NOT AGREE WITH ANY PART OF THIS TERMS OF USE, YOU MUST NOT USE ANY PORTION OF THE PLATFORM

1. Definitions

“AAA” has the meaning ascribed to it in Section 18 (b) below.

“Access Fee” means the fee payable by a Member to maintain their Profile in the LEVEL Connection Network Pool.

“ADR Provider” has the meaning ascribed to it in Section 18 (b) below.

“Application” means: (a) with respect to Members, the completion of Company’s online application for Members, including a Profile; and (b) with respect to Subscribers, the completion of Company’s online application for Subscribers, including a Profile.

“Arbitration Rules” has the meaning ascribed to it in Section 18 (b) below.

“Communications” has the meaning ascribed to it in Section 17 below.

“Contract Period” has the meaning of time period as a Subscriber or Member.

“Date” Subscriber and Member approve to meet each other.

“Demographic Information” has the meaning ascribed to it in the Privacy Policy.

“Effective Date” means the date the Member or Subscriber has accepted these Terms of Use by completing an Application.

“Introduction” the submission to Member on behalf of Subscriber as an option to approve to meet.

“LEVEL Connection Network Pool” means the pool of Members who will be candidates to receive introductions to eligible Subscribers that Company deems would potentially match their Profile for a good relationship fit. Members should note that by being a member of the LEVEL Connection Network does not necessarily guarantee an introduction, date to a prospective Subscriber, or marriage.

“LEVEL Subscription” has the meaning set forth in Section 2 below.

“Log-In Credentials” has the meaning ascribed it in Section 9 (a) below.

“Member” means any candidate who is accepted by Company to be placed in the LEVEL Connections Network Pool.

“Permitted Usage” has the meaning ascribed to it in Section 7 below.

“Personal Information” has the meaning ascribed to it in the Privacy Policy.

“Privacy Policy” means Company’s privacy policy located at levelconnections.com/privacy-policy.

“Profile” means a Subscriber’s or Member’s profile created through the Profile Builder which will contain some or all of the following information (to be provided by the Subscriber or Member, as applicable): name, date of birth, address, cell number, home number, email address, photographs, video recordings, username and password. The Profile will also include a Subscriber’s or member’s responses to 10 categories of questions (which may change from time to time at Company’s discretion).

“Profile Builder” means Company’s proprietary Profile building tool accessible on the Platform.

“Services” means Company’s relationship matchmaking services for Subscribers whereby Subscribers will be introduced with Members from the LEVEL Connection Network.

“Subscriber” means any candidate who is accepted by Company to receive access to the Services through the platform and pays the Subscription Fee.

“Subscription Fee” means the fee payable by Subscribers as set forth in Section 2 (b) below.

“Subscription Level(s)” means Company’s Subscription levels available.

“Success Fee” means a possible fee payable to Company for engagement.

“Terms of Use” has the meaning set forth in the first paragraph.

“The Protected Parties” has the meaning ascribed to it in Section 13 below.

“Trademarks” has the meaning ascribed to it in Section 8 below.

“Unsolicited Information” has the meaning ascribed to it in Section 9 (c) below.

2. Subscriber Application and Enrollment Process

(a) Application Process. In order to apply, each candidate must complete the online Application through the Site or App (when available). A candidate’s responses will be evaluated by the Company’s relationship agents and determine if the candidate is eligible. After the evaluation process, Company’s agent will determine, in his/her sole discretion, if the candidate is acceptable to become a Subscriber to the Services.

(b) Subscriptions.

(c) Once approved by Company, a Subscriber may sign up for any Subscription. The description of the benefits afforded each Subscription level is set forth on the Site (and on the App when available), which may change from time to time at the Company’s discretion and upon thirty (30) days’ prior written notice.

(d) Cancellation. Subscribers may cancel their subscription at any time by providing the Company thirty (30) days written notice prior to the commencement of the next Contract Period. Company may terminate a Subscriber by providing the Subscriber written notice (email sufficient).

(e) Subscription Fee. Subscribers will pay a fee to access the Services (the “Subscription Fee”). The Subscription Fee shall be charged on the Effective Date. The Subscriber may pay the Subscription Fee by wire transfer, check or credit card. Subscription Fee rates may change from time to time, at Company’s sole discretion and upon thirty (30) days’ prior written notice to Subscriber or Member.

(f) Refunds. As matchmaking relies on a number of factors that are outside the Company’s control, there is no guarantee to find a perfect match for a long-term relationship between Subscribers and Members. As such, no refunds will be issued. A Subscriber’s only remedy is to terminate their subscription.

(g) Hold Period. At any time during a Contract Period of six (6) months or longer, Subscriber may place a hold on Subscription by providing written notice to Company indicating the length of time that Subscriber is seeking to place Subscription on hold. Any such hold period must be for a minimum of two (2) weeks and, the aggregate of all hold periods exercised by Subscriber during the Contract Period may not exceed three (3) months. The length of time that Subscriber has placed Subscription on hold does not count for purposes of determining the length of the Contract Period.

(h) Feedback. Our Subscribers and Members are required to provide Company feedback after each date so that our agents can better facilitate future matches. Failure to provide feedback will inhibit the Company’s ability to find the right match for a Subscriber and may limit Subscriber or Member from receiving new introductions.

(i) Minimum Introductions. Company will present Subscriber an average minimum number of four (4) Introductions per month during Contract Period. However, should Subscriber be on hold beyond the Contract Period and Hold Period, Company is not obligated to provide a minimum number of introductions.

(j) Success Bonus. Our Subscribers would have due to Company a specified lump sum fee upon engagement from any Introduction presented by Company during Contract Period. Success Bonus will be payable within thirty (30) days of engagement at any time during or after Contract Period.

3. FREE Member Application and Enrollment Process

(a) FREE Member Application Process. Any candidate may apply for access to the LEVEL Connections Network Pool, which will enable them to be screened and considered for matching with Subscribers. In order to apply, candidates must complete the online Application through the Site or App (when available) which includes an upload of picture(s). Company’s agents will approve or decline an Application in their sole discretion. If the Company’s agent rejects a candidate’s Application, the candidate will be notified via email Profile information, pictures will be deleted from Company’s servers. If Company’s agents accept an Application, the candidate will become a Member, complete Profile Builder and a virtual video recording. Annual photo update may be required with membership.

COMPANY DOES NOT GUARANTEE THAT A CANDIDATE’S APPLICATION WILL BE ACCEPTED, OR THAT ANY FREE MEMBER WILL GET A DATE WITH A SUBSCRIBER.

(b) Photo and Other Requirements. Company requires two current, clear, accurate photos as well as accurate and current web address or social media account.

(c) Refunds. As matchmaking relies on a number of factors that are outside the Company’s control, there is no guarantee to find a perfect match for a long-term relationship between Subscribers and Members. As such, if Members after one year from Effective Date has not been sent an Introduction, Members may request a refund and account and access for future introductions will be removed.

4. The Matchmaking Process

The Company makes matches based upon the mutual consent of both Subscribers and Members. The Company will propose a match to Members that it feels best fits the criteria of Subscribers (taking into account Subscriber’s and Member’s responses to questionnaires and other criteria provided to Company). Member either accepts or declines proposed match in their discretion. If the Member accepts proposed match with a Subscriber, then a Subscriber is asked if they wish to meet the Member in their discretion. Only after both the Subscriber and Member assent to an Introduction will the Company share contact information. Typically allow for 24 to 48 for a response from Member or Subscriber after contact information is sent.

5. Disclaimer

THE COMPANY DOES NOT ESPOUSE OR ENDORSE ANY SPECIFIC MEMBER, SUBSCRIBER OR THEIR PROFILE INFORMATION. THE COMPANY DOES NOT CONDUCT BACKGROUND CHECKS ON SUBSCRIBERS OR MEMBERS AND CANNOT GUARANTEE THE TRUTH OR VERACITY OF THE INFORMATION SUPPLIED IN A SUBSCRIBER/MEMBER PROFILE. WHILE THE COMPANY TAKES REASONABLE MEASURES TO ATTEMPT TO VET CANDIDATE APPLICATIONS PRIOR TO ACCEPTANCE, THE COMPANY CANNOT BE RESPONSIBLE FOR ANY CONCEALED INFORMATION OR FALSE INFORMATION PROVIDED BY A SUBSCRIBER OR MEMBER AND MAKES NO WARRANTIES WITH RESPECT THERETO. MEMBERS AND SUBSCRIBERS ASSUME THE RISK OF VETTING POTENTIAL MATCHES AND THE VERACITY OF THEIR HEALTH OR PROFILE INFORMATION.

6. Ownership

You acknowledge that all Content provided by the Company or others through the Service remains the property of the person who creates it. The Content is protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. You agree that any Content that you post or supply to us through the Platform shall comply with this Terms of Use. You hereby grant us a non-exclusive, worldwide, perpetual, sub-licensable (through multiple tiers) royalty-free right and license to publish, share, copy or display any Content you provide to us through the Platform.

7. License

If you are enrolled as a Member or Subscriber, and so long as you continue to pay your Subscription Fees (as applicable), the Company hereby grants you the right to view and use this Platform in accordance with this Terms of Use. You may download (only if made available for download) and/or print a copy of Content supplied to you by the Company for your personal and private non-commercial use only (the Permitted Uses) provided the Content is not modified or redistributed in any way and all copyright and other proprietary notices are kept intact. You agree to use the Content lawfully and only for the Permitted Uses. No other use of the Content is permitted. Permission to reprint or electronically reproduce or make derivative works from any document, photograph, video, text, materials, graphic, video or other form of Content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the Company. Furthermore, you may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Platform or any portion thereof without our prior written consent in each instance.

8. Trademarks

All of the trademarks, service marks, and logos displayed on this Service (the Trademarks) are registered and unregistered trademarks of LEVEL Connections, Inc. its affiliates, or third parties. Nothing in this Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without our express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.

9. Usage Rules

The Company reserves the right to deny you access to any and all parts of the Platform and terminate your access or subscription, for any reason or no reason, and at our sole discretion. We also reserve the right to block transmission of, and or remove delete your Profile, at any time, for any reason, as specified in these Terms of Use. The following rules shall govern your conduct regarding the use of the Platform:

(a) Profile Management. When you set up a Profile, you are required to provide your username and select a password (collectively, your Log-In Credentials), which you may not transfer to or share with any third parties. If someone accesses our Platform using your Log-In Credentials, we will rely on that Log-In Credentials and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Log-In Credentials and all activities that occur under or in connection with your Profile. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Platform and your Profile, including without limitation terminating your Profile, changing your password, or requesting additional information to authorize transactions on your Profile. You agree to be responsible for any act or omission of any users that access the Platform under your Log-In Credentials that, if undertaken by you, would be deemed a violation of these Terms. In no event and under no circumstances will the Company be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Company under this provision, (ii) any compromise of the confidentiality of your Profile or Log-In Credentials, and (iii) any unauthorized access to your Profile or use of your Log-In Credentials. You may not use anyone else’s Profile at any time. Please notify us immediately if you become aware that your Log-In Credentials is being used without authorization. You agree not to register for more than one Profile, register for a Profile on behalf of an individual other than yourself without such individual’s authorization, or register for a Profile on behalf of any group or entity. You agree you will only keep current and accurate information in your Profile and upload photographs or videos through your Profile that have been taken in the previous six (6) months.

(b) Unlawful or Inappropriate Purposes. In order to create a valuable service to our Members and Subscribers certain types of activities and communications are prohibited. As a condition of your use of the Platform, you agree that you will not use the Platform for any purpose that is unlawful or prohibited by this Terms of Use, including, without limitation, behavior that constitutes stalking. You also agree that you are responsible for Content that is posted by you in your Profile or through other features of the Platform. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person other than yourself. You may not post or transmit any message, data, image or program which is indecent, obscene, pornographic, misleading or false.

(c) Unsolicited Information. Other than dating feedback as prescribed in Section 2 (f) above, you may attempt to provide us feedback regarding the Platform and our various offerings and other unsolicited submissions (collectively Unsolicited Information). You may only provide Unsolicited Information that conforms to these Terms of Use. We welcome your comments and feedback concerning the Platform, but we do not accept or consider other unsolicited ideas, including ideas for new types of services, advertising campaigns, new promotions, new technologies, processes, materials or marketing plans. Accordingly, please do not send such unsolicited ideas to us. By providing Unsolicited Information, you thereby grant us a perpetual, royalty-free, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Information without further obligation to you.

(d) Prohibition on Use by Minors. The Platform is intended for adults only. MINORS UNDER THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE ARE NOT PERMITTED TO USE THE PLATFORM, SUBMIT ANY PERSONAL INFORMATION, UNSOLICITED INFORMATION OR ENGAGE IN ANY OTHER ACTIVITY THROUGH THE PLATFORM.

(e) Criminal History. By applying as a Member or Subscriber, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. While the Company does not normally conduct background checks, the Company reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this Section 9.

(f) Matching Criteria. Relationship matching requires your completion of your Application and Profile in the Profile Builder. All introductions and other information provided through the Services is for informational and entertainment purposes only. Your use of the Platform must be for bona fide-relationship-seeking purposes in order to maintain the integrity of the Services.

(g) Marital Status. By subscribing to the Services or applying for access to the LEVEL Connections Network Pool, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, however, you may use, apply to use, or use the Platform.

(h) Risk Assumption and Precautions. You assume all risk including health and well being when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others. You are solely responsible for your interactions with other Members or Subscribers. You understand that Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet as a result of or through the Platform. You agree to take all necessary precautions when meeting such individuals. You will promptly report to the Company any violation of these Terms of Use by others, including but not limited to, other users of the Platform.

(i) Harassing or Abusive Behavior. You will not harass, annoy, intimidate, stalk or threaten, any other Subscriber, Member or any Company employees or agents engaged in providing any portion of the Services to you. You shall not post or transmit any message or communicate to others any message which is untrue, harmful, threatening, abusive, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion, concerning a Member, Subscriber, the Company or any of its agents or employees. We reserve the right to take such action as we deem appropriate in cases where you have violated this Section 9 (i), but we are not obligated to take any action.

(j) Disclosure to Protect Abuse Victims. Notwithstanding any other provision of these Terms of Use or our Privacy Policy, the Company reserves the right, but has no obligation, to disclose any information that you provide, if, in its sole opinion, the Company suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that the Company, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that the Company is permitted to make such disclosures.

(k) No Monitoring of Activities. We cannot monitor the activities either through the Platform or offline through private interactions between Members and Subscribers. We are also not able to take sides in any disputes between Members and Subscribers. However, we may in our sole discretion, but without the obligation, choose to investigate potential violations of these Terms of Use and other reported abuses where we may deem appropriate, and take appropriate action, including, without limitation, termination of your access to the Platform.

(l) Infringing Content. You shall not post, upload or transmit any Content through the Platform that would violate the intellectual property, trade secrets or privacy rights of others, including unauthorized copyrighted text, images or programs, photographs, signatures, videos, images, likenesses, voice, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

(m) Interference with Other Users’ Use. You shall not interfere with other Members’ or Subscribers’ use of the Platform, including, without limitation, spamming or otherwise using abusive tactics to deter others from using the Platform or applying for membership or a subscription.

(n) Harmful Code. You shall not post or transmit any file to this Platform or to any other user of the Platform which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.

(o) Unsolicited Communications Prohibited. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services that are not otherwise authorized by the Company.

10. Data Back-up

We are not responsible for backing up your data, Profile information or any Content or other type of data attributed to your use of the Platform. YOU EXPRESSLY AGREE TO ASSUME THE SOLE RISK OF BACKING UP ALL CONTENT THAT YOU CONTRIBUTE TO YOUR PROFILE INFORMATION, AS WELL AS TRANSACTION AND PAYMENT HISTORY. EXCEPT TO THE EXTENT OTHERWISE PROHIBITED BY LAW, YOU EXPRESSLY AGREE THAT WE WILL HAVE NO LIABILITY WITH RESPECT TO LOST CONTENT OR ANY INFORMATION PROVIDED BY YOU.

11. Privacy

The Company’s Privacy Policy will govern any Personal Information or Demographic Information collected from your use of the Platform.

12. Disclaimers

(a) Geographic Disclaimer. The Service is administered by the Company from Los Angeles, California and is intended solely for users who are US residents. Access to the Service and the Content as well as the terms of our Privacy Policy may not be legal for some persons or in some countries outside the United States. Additionally, if you elect to access and use the Service and Content from outside of the United States, you do so at your own risk and are solely responsible for complying with all applicable laws and regulations.

(b) DISCLAIMER OF WARRANTIES. THE PLATFORM AND THE CONTENT CONTAINED THEREIN ARE PROVIDED AS IS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THE PLATFORM , INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THE SERVICES, SITE, APP, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SERVICES OR ACCESS THERETO BY MEMBERS OR SUBSCRIBERS. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT CONTAINED ON THE PLATFORM. ALTHOUGH WE MAY UPDATE THE CONTENT FROM TIME TO TIME, PLEASE NOTE THAT INFORMATION CONTAINED HEREIN MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.

BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

(c) WARNING REGARDING PERSONAL INTERACTIONS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS AND SUBSCRIBERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS AND SUBSCRIBERS. COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS AND SUBSCRIBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS AND SUBSCRIBERS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS MEMBERS OR SUBSCRIBERS OR THEIR COMPATIBILITY WITH ANY OTHER INDIVIDUAL. COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OR SUBSCRIBERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS IF AND WHEN YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT COMPANY MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET AS A RESULT OF USING THE PLATFORM. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS OR SUBSCRIBERS.

13. Indemnification

You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, agents, information providers, partners, advertisers, attorneys and suppliers (the The Protected Parties) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from (a) provision of Unsolicited Information or Content by you, or (b) your use of the Platform; (c) your interaction with other Subscribers or Members; and/or (d) your breach of the terms of this Terms of Use, (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Platform using your Log-In Credentials.

14. Waiver, Release and Limitation of Liability

YOU AGREE THAT NONE OF THE PROTECTED PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SERVICE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SERVICE.

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED: (A) FOR MEMBERS, THE ACCESS FEES PAID BY SUCH MEMBER FOR THE CALENDAR YEAR IMMEDIATELY PRECEDING THE TIME THE CLAIM AROSE; AND (B) FOR SUBSCRIBERS, THE SUBSCRIPTION FEE PAID BY THE SUBSCRIBER FOR THE CALENDAR MONTH IMMEDIATELY PRECEDING THE TIME WHEN THE CLAIM AROSE. IN NO EVENT SHALL ANY OF THE PROTECTED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THIS SERVICE OR THE CONTENT EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE OR DESTRUCTION OF DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF ALL YOUR CONTENT OR LOSS OF YOUR PAYMENT HISTORY OR PROFILE INFORMATION, THAT AND DAMAGES OR LOSSES YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE PLATFORM, OUR EQUIPMENT, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE PLATFORM AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE PLATFORM, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO BE INVALID OR UNENFORCEABLE, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.

15. Third Party Rights

The provisions of Sections 13 (Indemnification), 14 (Waiver, Release and Limitation of Liability) and 18 (Arbitration; Class Waiver; Waiver of Trial by Jury) are for the benefit of The Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.

16. User Representations

You represent and warrant that you are the age of majority in the state which you reside and that you possess the legal right and ability to enter into this Terms of Use and to use the Platform in accordance with this Terms of Use. You agree to be financially responsible for your use of the Platform (as well as for use of your Log-In Credentials by others (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in this Terms of Use.

17. Electronic Communications

We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (Communications) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Use by accessing the Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Platform. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

18. Arbitration; Class Waiver; Waiver of Trial by Jury

Please read this Section 18 carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) All claims and disputes in connection with these Terms or the use of the Platform that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Section 18. This Section 18 applies to you and Company, The Protect Parties and to any of their respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms of Use.

(b) The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (AAA), an established alternative dispute resolution provider (ADR Provider) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms (Arbitration Rules). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case the hearing will be held in Los Angeles, unless the parties agree otherwise). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(c) If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

(d) The arbitrator will decide the rights and liabilities, if any, of you and Company (inclusive of The Protected Parties, if applicable), and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms of Use, but in no event shall be authorized to award punitive or special damages. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you, Company, and, if applicable, The Protect Parties.

(e) THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Section 18. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Company (inclusive of The Protected Parties) in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY (inclusive of The Protected Parties, if applicable) WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(f) ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION 18 MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CONTRIBUTOR CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CONTRIBUTOR. In the event that this Section 18 is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Los Angeles County, California, and you and Company (inclusive of The Protected Parties, if applicable) both expressly consent to such jurisdiction.

19. Miscellaneous

(a) These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regarding provisions relating to conflicts of law.

(b) This Terms of Use constitute the entire Agreement between the Company and you with respect to your access and use of the Platform.

(c) Any failure by us to insist upon or enforce strict performance of any provision of this Terms of Use shall not be construed as a waiver of any provision or right and shall not be construed as continuing, or as a bar to or waiver of any right or remedy as to subsequent events.

(d) Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Terms of Use.

(e) If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied.

(f) We may assign our rights and duties under this Terms of Use to any party at any time without notice to you. You may not assign your rights, obligations or Profile to any person or entity, without Company’s prior written consent.

(g) If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied.

(h) In the event of any conflict, ambiguity, or inconsistency between or among the terms and conditions of these Terms of Use and the Contents of the Platform, these Terms of Use shall control. Furthermore, Subscriber agrees to defend, indemnify, and hold Company harmless against any claim by any other member.

(i) We may deliver notice to you under this Terms of Use by means of electronic mail, a general notice on the Site, through the App (if and when applicable), through electronic Communications as set forth in Section 17 above, or by written communication delivered by first class U. S. mail to your address on record in your Profile information, if any. You may give notice to us at any time by electronic Communications as set forth in Section 17 above, or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

LEVEL Connections, Inc. Santa Monica, CA