Terms & Conditions
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE SITE AND OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Terms of Service
Effective date: June 30, 2021
Welcome to www.levityhome.com. Please read the Levity Website Terms of Service (“Terms”) before using any levityhome.com website on which these terms reside ("Site"). BY ACCESSING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THIS SITE, USING ANY INFORMATION, MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE (TOGETHER WITH THE SITE, THE “SERVICES”) AND/OR SUBMITTING INFORMATION TO US, YOU AGREE TO AND ARE BOUND BY THE TERMS, INCLUDING, BUT NOT LIMITED TO, CONDUCTING THIS TRANSACTION ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, CLASS ACTION WAIVER, AND A CHOICE OF CALIFORNIA LAW. PLEASE FEEL FREE TO CONTACT US FOR AN EXPLANATION OF ANY TERMS AND CONDITIONS. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at email@example.com.
Will these Terms ever change?
From time to time, these Terms may change along with any updates to our Site or the Services. Your use of the Services in any way after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Levity may, in its sole discretion, and at any time, discontinue this Site or any part thereof (including any Services), with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Levity will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated. All restrictions, rights granted by you, and all disclaimers and limitations of liability will survive any termination.
What about my privacy?
What are the basics of using www.levityhome.com?
You represent and warrant that you are of legal age to form a binding contract.
You will only use the Services for your own internal, personal, use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We won’t be responsible for your using the Services in a way that breaks the law.
You may choose to sign up for an account if we have enabled that function, and select a password and user name (“Levity User ID”). If you sign up for an account, you promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Levity User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You agree that you will not share your account or password with anyone, and you must protect the security and confidentiality of your account and your password. You’re responsible for any activity associated with your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to your Levity account. Levity is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Please contact us immediately if you believe there has been an unauthorized access to your Levity account. Levity is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
Consent to receive periodic messages
As part of the Services, you may receive communications through the Services, including messages that Levity sends you (for example, via SMS if you opt into our SMS program). When purchasing a product on the Site, you will be opted in to receive our marketing emails. You will then receive a welcome message which will include instructions on how to stop receiving messages. BY USING THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM LEVITY, AND YOU REPRESENT AND WARRANT THAT YOU CONSENT TO RECEIVE COMMUNICATIONS FROM LEVITY. You agree to indemnify and hold Levity harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not submit any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights, right of publicity or privacy, or any other rights of anyone else (or Levity);
- Violates any law or regulation, including, without limitation, any applicable export control laws;
- Is tortious, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Levity account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes, or that contains viruses or any other computer code, files, or programs which might interrupt or limit the Services;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Collects, stores, or posts personal information about other users or any other individual;
- Is for any commercial purpose not expressly approved by Levity in writing;
- Is for advertising or promotional materials or any other form of solicitation or unauthorized communication;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your use or access the Services. Levity may cancel your account and delete all content associated with your account at any time, and without notice, if Levity deems that you have violated these Terms, any applicable laws, or for any other reason. Levity assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.
Limits on Purchases:
We do not authorize the purchase of our merchandise for resale purposes. To enforce this or any other policy, we may, in our sole discretion, limit or cancel quantities purchased, including without limitation, per person, per household, per account, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. We also reserve the right to cease doing business with those customers violating this policy. We may modify this policy at any time without prior notice.
All goods available on the Site are subject to change without notice and are available while supplies last. You should regularly consult the Site for updates regarding product availability.
Although Levity has made reasonable efforts to display and describe our products and their colors and textures accurately, the displayed colors and textures of the products depend upon several factors including the user’s monitor, and we cannot guarantee that the user's monitor or other factors will result in the accurate portrayal of the actual colors or textures of the products. Some items on the Site may be mispriced, described inaccurately, and Levity may experience delays in updating information on the Site and in our advertising on other sites. Products displayed may not be available yet, may be out-of-stock, or discontinued, and prices are subject to change without prior notice. Prices for the same product may vary between levityhome.com and retail stores or other retail websites. Levity is not responsible for typographical errors regarding price, measurements, or any other matter. As a result, Levity cannot and does not guarantee the accuracy or completeness of any information, including prices, product images, specifications, and availability. Levity reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.
Levity reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or Service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or Service.
Prices and Payments
- Prices. Prices are subject to change without prior notice, except that once an order is complete, pricing will not be adjusted. Items in your shopping cart will reflect the most recent price displayed on the item’s product detail page. This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart doesn’t reserve the price shown at that time. It is also possible that an item’s price may decrease between the time you place it in your cart and the time you purchase it. Levity’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed.
- Billing. We may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”). The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error or any act or omission by the Payment Processor. By making a purchase, you agree to pay us, through the Payment Processor, all charges at the prices then in effect, including, without limitation, all shipping and handling charges, in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
- Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor or otherwise, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. Fees will be charged in the local currency of your shipping address. You are responsible for paying all fees and applicable taxes associated with the Services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. If your Payment Method is not authorized or accepted, Levity reserves the right to cancel your order without notice and with no further liability or obligation to you. Levity reserves the right to stop accepting credit cards from one or more issuers at any time and for any reason.
- Tax charges are based on applicable federal, state, provincial, and harmonized sales tax rates based on the delivery address associated with your order. Where required by law, sales tax will also be applied to the shipping and handling charges. If you are making a purchase for a tax-exempt organization or are an individual that qualifies for a tax exemption, please contact our customer service team to verify your tax exempt status and receive a refund of tax amounts for which you qualify, if any. All requested forms and information must be received and verified by our customer service team before a tax refund can be processed. If you make a purchase from Canada, you agree that you are the Importer of Record for all products shipped to you and are ultimately the party responsible for paying any customs duties or other fees and taxes associated with products crossing the border into Canada.
- All products that you purchase from Levity are subject to these Terms. All products will be deemed accepted by you upon shipment, and the risk of loss and title for such products pass to you upon Levity's delivery of the products to the carrier for your benefit. This means that title to the products legally transfers to you, and that you bear the risk of loss of the products during shipment.
- Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD.
- Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Occasionally we will offer special discounts or other offers to our customers. These offers may be for a limited time and for limited products and Services only, and by taking advantage of any such offer, you are agreeing to any discount terms communicated to you through the Services.
Use of the Site
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, products, images, illustrations, digitally downloadable files, trademarks, logos, trade dress, packaging, product and program names, slogans, any other content and the compilation of the foregoing (all of the foregoing, the “Content”) and User Submissions are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content and/or User Submission you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any User Submission not owned by you or any Content, (i) without the prior consent of the owner of such content or (ii) in a way that violates someone else’s (including Levity’s) rights or these Terms. Content is the property of Levity and its licensors.
You agree not to download, display or use any Content located on the Site for use: (a) in any publications, (b) in public performances, (c) on websites other than this Site for any other commercial purpose, (d) in connection with products or services that are not those of Levity, and/or (e) in any other manner that is likely to cause confusion among consumers, that disparages or discredits Levity and/or its licensors or their respective products or brands, that dilutes the strength of Levity or its licensor's intellectual property, or that otherwise infringes Levity’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Content or third party content (including User Submission) that appears on this Site.
You understand that Levity owns the Services. You agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Do I have to grant any licenses to Levity or to other users?
You understand that the following requirements apply to your User Submissions: a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, invasive of the privacy of another person, abusive, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Levity; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect, store, or post any content that (i) contains personal information about other users or any individual, (ii) violates the privacy/publicity of any other individual or entity, or (ii) anything that you are under a contractual obligation to keep private or confidential; (d) you will not use the Site for any commercial purpose not expressly approved by Levity in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not impersonate any person or organization, including without limitation, the personnel of Levity, or misrepresent an affiliation with another person or organization; and (g) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Site, any computer software or hardware, or telecommunications equipment.
For all User Submissions, you hereby grant Levity a sublicensable, irrevocable, perpetual, worldwide, fully-paid, royalty free license to use, translate, modify, reproduce, publicly perform or display, and distribute User Submissions, in any and all media now known or hereafter developed without the need to seek any third party permission. This license includes, without limitation, the right to host, index, cache, distribute, and tag any User Submissions, edit and revise any User Submissions (without notice), as well as the right to sublicense User Submission to third parties. This is a license only – your ownership in User Submissions is not affected.
You represent and warrant that you own all User Submissions submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and such User Submissions, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Levity reserves the right to remove any User Submissions you provide, in its sole discretion, without any notice to you.
What if I see something on the Services that infringes my copyright?
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please send us a notification to firstname.lastname@example.org. Please include the following, as required by the Digital Millennium Copyright Act (the “DMCA”):
- Identify the copyrighted work(s) you claim is infringed.
- Identify the material you claim is infringing the copyright(s), and provide enough information for us to reasonably locate that material.
- Include a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
- Include the Claimant’s name, address, and telephone number(s), and email address (if available).
- Include a statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or their agent or law.
- Include a statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
When we receive an infringement notice with all the required information and are able to locate the allegedly infringing material, we will remove or disable access to the subject material. We also will take reasonable steps to promptly notify the person who posted the subject material. We will give them the opportunity to send a counter-notification. A counter-notification must include the following, to be effective under the DMCA:
- A physical or electronic signature of the person submitting the counter-notification;
- Identification of the material that was removed or to which access was disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the material was removed or disabled due to mistake or misidentification of the material removed or disabled;
- The name, address, email address and telephone number of the person submitting the counter-notification;
- A statement that the person submitting the counter-notification consents to the jurisdiction of Federal District Court for his judicial district, or if the person is outside the United States, for any judicial district in which Levity may be found, and that the person will accept service of process from the person who submitted the DMCA claim or his agent.
Who is responsible for what I see and do on the Services?
You agree to use the Services and Site, and functions and features thereof at your own risk. Levity does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Submissions. In addition, we cannot control and have no duty to take any action regarding how you may interpret and use the Content and/or User Submission or what actions you may take as a result of having been exposed to the Content and/or User Submission, and you hereby release us from all liability for you having acquired or not acquired Content and/or User Submission through the Site. We can’t guarantee the identity of any users with whom you interact in using the Site and are not responsible for which users gain access to the Site.
You are responsible for all User Submissions you contribute, in any manner, to the Site, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Levity has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Levity does not verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Levity shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this Site, or between users and any third party, you agree that Levity is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Levity, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her would have materially affected his or settlement with the debtor or released party.”
Information sent or received over the Internet is generally unsecure and Levity cannot and does not make any representation or warranty concerning security of any communication to or from the Services or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. Levity will not be liable for any loss or damage arising from your failure to comply with these requirements.
Will Levity ever change the Services or the Site?
We’re always trying to improve the Services and the Site, so they may change over time. We may suspend or discontinue any part of the Services or the Site, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services or Site. We reserve the right to remove any User Submission from the Services and Site at any time, for any reason (including, but not limited to, if someone alleges that User Submissions may be in violation of these Terms), in our sole discretion, and without notice.
What if I want to stop using the Services?
You’re free to stop using the Services at any time. To delete your account at any time, please contact us at email@example.com. Account termination may result in destruction of any User Submissions associated with your account, so keep that in mind before you decide to terminate your account.
Levity is also free to terminate (or suspend access to) your use of the Services, the Site, or your account, for any reason in our discretion, including your breach of these Terms. Levity has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
If you have asked us to delete your account by mistake, contact us immediately at firstname.lastname@example.org – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any disclaimers or limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
What else do I need to know?
Warranty Disclaimer. Neither Levity nor Levity Entities make any representations or warranties concerning the Services, including any content contained in or accessed through the Services, and will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or on the Site. We (and Levity Entities) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Except as may otherwise be expressly and unambiguously disclosed in writing at the time of purchase, products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Levity or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES, SITE, AND CONTENT ARE PROVIDED BY LEVITY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL LEVITY (OR LEVITY ENTITIES) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, PUNITIVE INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, AND LOSS OF GOODWILL THAT RESULT FROM THE USE OR INABILITY TO USE THE SITE OR THE SERVICES, EVEN IF LEVITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL LEVITY OR LEVITY ENTITIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO LEVITY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. THE ABOVE LIMITATIONS OR EXCLUSIONS UNDER THIS PARAGRAPH AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF LEVITY’S NEGLIGENT, FRAUDULENT, RECKLESS ACTS OR INTENTIONAL MISCONDUCT.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Levity, its affiliates, and subsidiaries, and their respective officers, agents, employees, licensors, suppliers, contractors and partners (collectively, “Levity Entities”) harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees and costs) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Levity’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Levity (and Levity Entities) and limits the manner in which you can seek relief from us.
Both you and Levity acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Levity Entities are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Levity Entities will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
(b) Costs of Arbitration. The JAMS Rules and Procedures and fee schedule will govern the payment of parties’ costs and fees owed to JAMS and the arbitrator, and in such case will be subject to any limitations on the costs and fees owed by you as provided in the JAMS Rules and Procedures.
(c) Small Claims Court. Notwithstanding the foregoing, either you or Levity may assert claims, if they satisfy the jurisdictional requirements of such small claims court and as long as the matter remains in such court and advances on and advances only on an individual (non-class, non-representative) basis, in small claims court in accordance with these in Los Angeles County, California or any United States county where you live or work.
(d) Waiver of Trial. YOU AND LEVITY AGREE THAT YOU ARE WAIVING ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING ANY AND ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION OR CLASS OR REPRESENTATIVE ARBITRATION. You and Levity agree that you are instead choosing to have claims and disputes resolved by arbitration. 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 any litigation between you and Levity over whether to vacate or enforce an arbitration award, YOU AND LEVITY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following email address: email@example.com or by mail postmarked within 30 days of first accepting these Terms to the following address: Ruggable LLC, ATTN: Legal Department, 17809 S. Broadway Street, Gardena, California 90248. You must include (1) your name and residence address; (2) the email address and/or telephone number associated with your purchase or account; and (3) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(f) Exclusive Venue. These Terms will be governed by and construed in accordance with the internal laws of California without regard to conflicts of laws principles (provided that the Federal Arbitration Act shall govern the enforceability, interpretation, and effect of terms set forth in the mandatory arbitration provision above). By using this Site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Los Angeles County, California, or the Central District of California, except as to any matters subject to the mandatory arbitration provision above.
Except as expressly set forth in the section above regarding the arbitration agreement, you and Levity agree there are no third party beneficiaries intended under these Terms. These Terms constitute a binding agreement between you, your heirs, successors, affiliates, and representatives and Levity, and is accepted by you upon your use of the Site or the Services. These Terms constitute the entire agreement between you and Levity regarding the use of the Site, the Services, and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
Mobile Message Service Terms and Conditions
When you provide us with your mobile phone number and agree to receive text messages from us, you are expressly agreeing that Levity may send you text messages (including SMS and MMS) to that phone number, including through the use of automated or autodialer technology. You represent that you are of legal age to form a binding contract and are the owner or authorized user of the wireless device on which the text messages will be received. If you signed up by texting a signup keyword, you will receive a confirmation text message, and you may need to reply as instructed to complete registration. Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Mobile Service will provide text messages for purposes that will be further detailed in our request for your consent, but may generally include updates, alerts, information, promotions, specials, and other marketing offers from Levity via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Message and data rates may apply to each text message sent or received in connection with the Mobile Services, in addition to any applicable roaming charges.
Text the single keyword command STOP to 1-855-913-6173 to cancel at any time. You agree to receive a one-time, final text message confirming your opt-out. For Mobile Service support or assistance, text HELP to 1-855-913-6173 or email firstname.lastname@example.org.
We may change any short code or telephone number we use to operate the Mobile Service at any time. In the case of such a short code or telephone number change, you will receive a final message from the retiring short code or telephone number notifying you of the upcoming change and providing instructions for how to opt out of the Mobile Service should you decide to. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received, and we will not be responsible for honoring requests made in such messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. The maximum number of messages per month you will receive will vary based on the subscription list you have enrolled in. If you have any questions about your text or data plan, it is best to contact your wireless provider. For questions about the services Levity provides, contact us at email@example.com.
You agree that neither we nor your wireless carrier will be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service. Delivery is subject to effective transmission from your network operator. You agree to provide us with a valid mobile number. In the event you change or deactivate your mobile number, you agree to promptly update your account information. Your wireless carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your wireless carrier or mobile device. Contact your wireless carrier with questions regarding these issues.
You agree to indemnify, defend, and hold Levity and Levity Entities harmless from any third-party claims, liability, damages or costs arising from your use of the Mobile Service or from you providing us with a phone number that is not your own.
We are able to deliver messages to the following mobile phone carriers (which list is subject to change in our discretion and without notice): Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
Please direct all comments, questions or concerns regarding the Levity mobile message service to firstname.lastname@example.org.