Terms Of Service
LAST UPDATED MARCH 3, 2024
Introduction
These terms of service outline the rules and regulations for the use of all Level Up Pipeline products & websites, owned by level up pipeline llc (our websites).
when accessing any of our websites that are back linked to this terms of service we assume you accept these terms of service. if you Do not wish to be bound by these terms of service, then you should discontinue to use the website, funnel, landing page where you found the backlink that brought you here or the products contained within it if you do not agree to all of the terms of service stated on this page.
The following terminology applies to these Terms of service, Privacy Statement and any Disclaimer Notice and all Agreements on our websites: “Client”, “You” and “Your” refers to you, the person logged onto our website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of the United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Use Of Platform
Age Requirement: To utilize the Platform, you must be at least 18 years old. By acknowledging these Terms, establishing a Platform Account, or engaging with the Platform, you affirm that you are at least 18 years old. A Customer account should not be created unless you meet the minimum age requirement of 18. In the event that you are a parent or legal guardian allowing a person aged at least 13 but under 18 (referred to as a "Minor") to create a Customer account and/or use the Platform, you hereby agree to: (i) oversee the Minor's usage of the Platform and their account; (ii) accept all associated risks and liabilities stemming from the Minor's use of the Platform and their Customer account; (iii) verify the suitability of Platform content for the Minor; (iv) confirm the accuracy of all information provided to us by the Minor; and (v) grant the consents, representations, and warranties outlined in the Terms on behalf of the Minor.
Ownership of Platform Account: Your access to the Platform is contingent upon providing comprehensive, up-to-date, and precise information during the registration of your Platform Account. The Platform is designed for business purposes or for use in conjunction with an individual's trade, craft, or profession. As the individual accepting these Terms, you hold ownership of the Platform Account, unless you are representing a business entity, in which case, the business entity assumes ownership of the Platform Account. If you accept these Terms on behalf of a business entity, you affirm and guarantee that you possess the authority to legally bind the business entity to these terms.
Intended Usage: You and your customers are permitted to utilize the Platform exclusively for lawful purposes and in accordance with these Terms. It is agreed that you and your customers will refrain from using the Platform in any manner that contravenes applicable laws or regulations, or involves any Prohibited Uses. Furthermore, you affirm and guarantee that: (i) you and your customers will uphold all necessary licenses, permissions, authorizations, consents, and permits to fulfill the obligations outlined in these Terms; (ii) you are fully accountable for your actions, as well as the actions of your employees, agents, and customers utilizing the Platform; (iii) you bear complete responsibility for your customers' use of the Platform; (iv) you, your employees, agents, and customers will not misrepresent the Platform or the Services; (v) you will furnish these Terms to your employees, agents, and customers, ensuring their understanding and acknowledgment of being subject to these Terms when using or granting access to the Platform; (vi) you own or have control over all rights pertaining to the content provided to Level Up Pipeline, including any code furnished for customizing the Platform for your customers; (vii) you will be exclusively responsible for your utilization of the Platform, encompassing the quality and integrity of any data and information, including Information, supplied to us by or for you through the Platform; and (viii) you, your employees, and your customers will cooperate reasonably in responding to information requests from law enforcement, regulators, or telecommunications providers.
Privacy: Through your utilization of the Platform and the submission of Information on or through it, you express consent to Level Up Pipeline's utilization and disclosure of the Information in line with the Privacy Policy available here, hereby incorporated by reference. It is understood that Level Up Pipeline bears no responsibility or liability for the deletion or failure to store any Information or content retained or transmitted on or through the Platform. When extending Platform access to your customers, you are obligated to establish and enforce your own Privacy Policy, ensuring a level of protection at least equivalent to that provided to you by Level Up Pipeline. You must secure consent from your customers, with explicit acknowledgment that they agree to be bound by your privacy policy. You affirm and warrant that you have issued, and will continue to issue, sufficient notices and have obtained, and will continue to obtain, the necessary permissions and consents to share your customers' data with us for utilization and disclosure in line with these Terms of Service and our Privacy Policy.
Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify Level Up Pipeline immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. Level Up Pipeline reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Level Up Pipeline’s opinion, you have violated any provision of these Terms Of Service. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials.
Communication Services Usage: The Platform may encompass various communication features, such as SMS, MMS, email, voice call capabilities, and others. By utilizing these features, you acknowledge and agree that you bear exclusive responsibility for all communications dispatched through the Platform, ensuring compliance with all pertinent laws governing such communications, including the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. You assert and warrant that you comprehend and will adhere to these laws. It is essential to note that Level Up Pipeline is not accountable for ensuring your compliance with laws, and it does not assert that your use of the Platform will align with any specific laws. Level Up Pipeline operates solely as a technology platform communication service application provider. It does not originate, send, or deliver any communications via SMS, MMS, email, or other communication methods. You retain control over the message content, timing, sending process, fraud prevention, and call blocking. All communications, whether in the form of SMS, MMS, email, or otherwise, are generated and initiated by you and/or your customers, whether manually created or automatically dispatched through the Platform at your direction.
Third-Party Services: The Platform may utilize or provide access to Third-Party Services. Level Up Pipeline holds no responsibility for the functionality or accessibility of Third-Party Services. Should you choose to pause or deactivate specific aspects or the entirety of your Platform Account, certain features or functionalities (such as LeadConnector phone numbers or email services) may not be recoverable upon reactivation. If you suspend some or all of your Platform Account for a period exceeding thirty (30) days, and Level Up Pipeline continues to incur costs on your behalf associated with Third-Party Services (such as securing a specific phone number on your behalf), Level Up Pipeline reserves the right, at its sole discretion and without liability, to release the phone number or delete portions or the entirety of your Platform Account. Level Up Pipeline explicitly disclaims any liability concerning outages or downtime experienced with Third-Party Services.
Third-Party Content: The Platform may feature content from third parties. Your engagement with Third-Party Content is entirely at your discretion and risk. Any statements or opinions expressed in Third-Party Content solely represent the viewpoints and responsibilities of the third party, and they do not necessarily align with the opinion of Level Up Pipeline. Level Up Pipeline holds no responsibility for Third-Party Content and disclaims any endorsements, representations, or warranties, assuming no liability, obligation, or responsibility for Third-Party Content. It is your responsibility to ensure that your interactions or transactions with Third-Party Content comply with these Terms and any relevant laws.
Customizations: Certain sections of the Platform are customizable by you, allowing for the integration of your name, logo, trademark, and color scheme into your designated access area within the Platform. You bear sole responsibility for addressing any copyright, trademark, or other intellectual property considerations associated with the customized appearance of the Platform for you and your customers. It is understood that customization to the extent that it would give the impression of independent development may not always be feasible. Level Up Pipeline retains the right to remove any of your modifications at any time, without prior notice and without incurring liability to you.
Excessive Use Limitations: Our provision of Platform access is structured on a tiered-pricing model, with certain tiers capable of handling more data with minimal impact on performance. We bear no liability for any consequences arising from your excessive data use on performance. If, at the sole discretion of Level Up Pipeline, it is determined that your data usage is excessive, abusive, or adversely affects the Platform in any manner, we reserve the right to take the following actions: (1) request that you upgrade your Services to sustain your activity levels, particularly if your data use surpasses the intended capacity of your existing Platform tier or if operational costs incurred by Level Up Pipeline to support your Platform usage exceed the subscription price; (2) suspend or terminate your use of the Platform or Services; and/or (3) curtail the amount of data available for your use.
Platform Updates: Level Up Pipeline retains the right to implement updates or modifications to the Platform at any time, including alterations that may impact the previous mode of operation. You acknowledge that your use of the Platform or acquisition of Services is not dependent on Level Up Pipeline delivering or releasing specific functionality or features, including but not limited to the continuous availability of a particular Service or any third-party services.
International Use: Utilization of the Platform is prohibited if you are in an embargoed country or are identified as a sanctioned person or entity. Level Up Pipeline does not assert that materials on the Platform are suitable or accessible for use in locations outside the United States. Individuals opting to access the Platform from other locations do so at their own discretion and assume their own risk. Should you choose to access the Platform from outside the United States, you are accountable for compliance with local laws in your jurisdiction, encompassing, but not limited to, the taxation of products purchased over the Internet. Any offers for products, Services, and/or information associated with the Platform are deemed void where prohibited.
The subsequent activities are regarded as Prohibited Uses of the Platform. Participating in any Prohibited Use constitutes a substantial breach of this Agreement, allowing Level Up Pipeline the right to promptly suspend or terminate your Platform Account, as outlined in these Terms:
Prohibited Uses
Use of the Platform in any way that violates any applicable law or regulation.
Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.
Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.
Use of the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
Impersonating or attempting to impersonate Level Up Pipeline, a Level Up Pipeline employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform
Engaging in any conduct that would may, as determined by Level Up Pipeline, harm Platform users or Level Up Pipeline, or expose either to liability.
Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
Use of any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without Level Up Pipeline’s prior written consent.
Use of any device, software or routine that interferes with the proper working of the Platform.
Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform.
Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempting to interfere with the proper working of the Platform.
Cookies
We employ the use of cookies. By accessing OUR WEBSITES or any sub-domain of OUR WEBSITES, you agreed to allow the use of cookies in agreement with the our Privacy Policy. Most interactive websites use cookies to retrieve the user’s details for each visit. Cookies are used by our websites to enable the functionality of certain areas to make it easier for people visiting our websites. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, Level Up Pipeline LLC and/or its licensors own the intellectual property rights for all material on OUR WEBSITES. All intellectual property rights are reserved. You may access this for your own personal, although your use is subject to restrictions set in these terms and conditions.
You must not:
Republish material from our websites or Level Up Pipeline LLC.
Sell, rent or sub-license material from any of our websites or Level Up Pipeline LLC.
Reproduce, duplicate or copy material from our websites or Level Up Pipeline LLC.
Redistribute content from our websites or Level Up Pipeline LLC.
This Agreement shall begin on the date hereof.
Parts of our websites offer an opportunity for users to post and exchange opinions and information in certain areas of those websites. Level Up Pipeline LLC does not filter, edit, publish or review comments prior to their presence on our websites. Comments do not reflect the views and opinions of Level Up Pipeline LLC, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Level Up Pipeline LLC shall not be liable for the comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on our websites.
Level Up Pipeline LLC reserves the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive or causes breach of these Terms Of Service.
You warrant and represent that:
You are entitled to post the comments on our website and have all necessary licenses and consents to do so;
The comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Level Up Pipeline LLC a lifetime non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your comments in any and all forms, formats or media.
Hyperlinking to our Content:
The following organizations may link to Our Websites without prior written approval:
Government agencies;
Search engines;
Online directory distributors may link to Our Websites in the same manner as they hyperlink to the Websites of other listed businesses; and System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to Our Websites.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
news organizations;
accounting, law and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations on a case by case basis, if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Level Up Pipeline; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed above and are interested in linking to our website, you must inform us by sending an e-mail to [email protected]. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to Our Website(s), and a list of the URLs on our site to which you would like to link. Wait 7 business days for a response.
Approved organizations may hyperlink to Our Websites as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of Our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Level Up Pipeline logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Web Pages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Should you be found to have created a website using your Level Up Pipeline account that may be interpreted as libelous, obscene, criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights, then you understand your account may be terminated immediately, without warning, or refund of fees previously paid.
Your Privacy
Please read Privacy Policy
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to Our Websites. You approve to immediately remove all links to Our Websites upon request. We also reserve the right to amend these Terms Of Services and its linking policy at any time. By continuously linking to Our Website, you agree to be bound to and follow these linking terms and conditions at all times.
Removal of links from our website
If you find any link on Our Websites that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that our websites remains available or that the material on our websites is kept up to date.
Free Trial
At times, Level Up Pipeline may offer a free trial period to new customers. To initiate this free trial, a valid credit card is required. This measure ensures our platform is only accessed by genuine individuals or entities for legitimate purposes, and it complies with our commitment to prevent spam and other inappropriate usage of the Level Up Pipeline platform. In line with the A2P 10DLC regulation enforced by the US federal government, all users are obliged to register their business phone numbers for application-to-person (A2P) SMS and MMS messaging. This regulation helps to protect all parties involved in the communication process from unauthorized or spam messages. Users are free to fully explore and test the platform at no charge during the entire free trial period, without incurring any monthly platform charges. Please note that non-compliance with the A2P 10DLC may result in penalties and/or fines by the federal government, the associated carrier of the receiving phone number, and/or the recipient of the unauthorized message.
The prescience of a Free Trial is solely at the discretion of Level Up Pipeline and by no means indicates that all or even some of our memberships come with a free trial. Again, at times, Level Up Pipeline may offer a free trial period to new customers only.
Additionally, if you are offered a free trial, immediately following your free trial period you will be billed automatically using the billing method you selected during your initial enrollment. Whether you're billed monthly or annually was selected by you, during the enrollment period.
Payments & Fees
Fee Structure: Your access to the Platform is contingent upon the punctual payment of all Fees. Fees may be subject to periodic adjustments. All Fees are exclusive of Communication Surcharges, which you are obligated to settle in connection with your Platform usage. Communication Surcharges will be clearly delineated as a separate line item on your invoice. It is crucial to note that all Fees and Communication Surcharges are nonrefundable. Fees will be invoiced to the credit or debit card we have on record. Subscription fees will be invoiced in advance of Services. You commit to supplying accurate and comprehensive billing information (including name, address, credit card details, and phone number) and promptly notifying us of any changes within 10 days of any changes.
Noncancellable Fees: Certain Service subscriptions necessitate a non-cancellable minimum subscription commitment that cannot be terminated until the commitment duration is fulfilled. Fees for these non-cancellable minimum subscription commitments will persistently be automatically applied to your bill until the minimum commitment has been satisfied.
No Mark-Ups: It is impermissible to increase or mark-up any Level Up Pipeline Fees when passing them on to your customers or third parties. You bear exclusive responsibility for all pass-through Fees and associated expenses, encompassing but not limited to refunds and chargebacks related to such pass-through Fees. Level Up Pipeline disclaims any responsibility for resolving issues or disputes between you and your customers concerning pass-through Fees.
Tax Responsibilities: You bear exclusive responsibility for taxes and other governmental assessments ("Taxes") linked to your use of the Platform, encompassing all Taxes pertaining to transactions conducted with your customers. Level Up Pipeline may collect Taxes from you as part of the Fees, as legally mandated, or as deemed appropriate by Level Up Pipeline. All determinations by Level Up Pipeline regarding the collection of Taxes are definitive. If, at any point, Level Up Pipeline determines that additional Taxes are due, it reserves the right to recalculate and collect them from you. You agree to indemnify Level Up Pipeline for all Claims associated with Taxes linked to your activities on the Platform, including any Taxes pertaining to transactions with your customers, as further detailed below. Taxes are nonrefundable.
Overdue Amounts: Should, for any reason, your credit card company decline or reject the payment for the Services purchased, you consent to our right to suspend or terminate your use of the Platform and/or delivery of Services. Additionally, we may necessitate payment of any outstanding Fees and other amounts accrued (inclusive of any third-party chargeback fees or penalties) through alternative means acceptable to us. In circumstances where legal action becomes necessary to retrieve outstanding balances, you agree to reimburse us for all incurred expenses in the process of recovering due sums, encompassing attorney fees and other legal expenses.
Payment Disputes: In the event that you intend to dispute any invoiced Fees or charges, you are required to notify us in writing within sixty (60) days from the billing date. It is imperative to continue paying all invoiced Fees and charges during the dispute period, or you forfeit the right to pursue the dispute. During the dispute resolution process, you must act reasonably and in good faith, actively cooperating with us to resolve the dispute. Final determinations by Level Up Pipeline regarding your obligation to pay invoiced Fees and charges are deemed conclusive.
No Refunds or Credits. Except as described below, all Fees assessed by Level Up Pipeline are non-refundable. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party. Level Up Pipeline does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions. If you sign up for a subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription. Except as may be required by law, Level Up Pipeline reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and Level Up Pipeline’s determination of if and when to issue or deny a refund or credit is final.
Cancellations. You are solely responsible for the cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.
Your Responsibility For Financial Transactions. You are solely responsible for all financial transactions you and your customers engage in on the Platform or using the Services, including transactions conducted using billing tools enabled by the Services. You are exclusively responsible for all chargebacks related to activities of you and your customers, regardless of the reason for the chargeback.
Intellectual Property
Platform Content: The content within the Platform is the exclusive property of Level Up Pipeline or its licensors and is safeguarded by copyright, trademark, and other intellectual property laws, unless otherwise specified below. It's important to note that User Contribution(s), as defined below, are not considered part of the Platform Content. In the interest of providing you and your customers access to the Platform, Level Up Pipeline extends a personal, royalty-free, non-assignable, revocable, and non-exclusive license for utilizing the Platform Content. However, any alternative use, encompassing reproduction, modification, distribution, transmission, republication, framing, display, or performance of the Platform Content without the prior permission of Level Up Pipeline, is strictly prohibited.
Level Up Pipeline Marks: The trademarks and service marks identified as Level Up Pipeline Marks are the exclusive property of Level Up Pipeline and are strictly protected. Any usage of Level Up Pipeline Marks without prior written permission from Level Up Pipeline, particularly in connection with products or services not provided by Level Up Pipeline, is expressly prohibited. This prohibition extends to any usage likely to cause confusion or that disparages, discredits, or misrepresents Level Up Pipeline. It is not permissible to remove any Level Up Pipeline Marks or other proprietary notices, including attribution information, credits, and copyright notices, from the Platform or Platform Content. It is acknowledged that other products or company names mentioned on the Platform may be trademarks or service marks of their respective owners. In cases where third-party websites display Level Up Pipeline Marks, whether authorized or not, such usage does not imply any approval, sponsorship, or endorsement by Level Up Pipeline.
User Contributions: User Contributions are regarded as non-confidential and non-proprietary. By submitting User Contributions, you provide Level Up Pipeline, our service providers, and their licensees, successors, and assigns with an enduring right to use, reproduce, modify, perform, display, distribute, and disclose User Contributions to third parties for any purpose. Additionally, you grant Level Up Pipeline the right to utilize Your Information and User Contributions to enhance the Platform, develop new services, and refine Level Up Pipeline’s overall product offerings and business model. It is crucial to note that Level Up Pipeline bears no responsibility or liability to any third party for the content or accuracy of any User Contributions, nor does it endorse User Contributions from third parties. In addressing User Contributions that violate the Terms, Level Up Pipeline is not responsible for any failure or delay in removal. Level Up Pipeline retains the authority to delete or otherwise eliminate any User Contributions deemed to violate these Terms, with or without notice, at any time, and for any reason. You affirm and warrant that: (i) You possess ownership or control over all rights in and to the User Contributions and have the right to grant the license as mentioned above; (ii) All of your User Contributions comply with these Terms; and (iii) You recognize and acknowledge your responsibility for the legality, reliability, accuracy, and appropriateness of your User Contribution.
Prohibited User Contributions: Posting User Contributions on the Platform that fall into the following categories is strictly prohibited: (i) Those that are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or include graphic descriptions of sexual or violent content; (ii) Those that victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or otherwise; (iii) Those that infringe upon any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party; or (iv) Those that breach the security of, compromise, or otherwise allow access to secured, protected, or inaccessible areas of the Platform, or attempt to gain access to other networks or servers via your Platform account.
Feedback. If you provide Feedback, you agree and acknowledge that your submission of Feedback is voluntary, non-confidential, and gratuitous, and Level Up Pipeline has no obligation to use the Feedback. You grant Level Up Pipeline and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Feedback you submit to Level Up Pipeline without restrictions or payment or other consideration of any kind, or permission or notification to you or any third party. The license includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Feedback, and all rights therein, in the name of Level Up Pipeline or its designees throughout the universe in perpetuity in any and all media now or hereafter known. You represent that the Feedback is your own original work, you have all necessary rights to disclose the Feedback to Level Up Pipeline, and neither your disclosure of the Feedback nor Level Up Pipeline's review and/or use of the Feedback will infringe upon the rights of any other individual or entity. If your Feedback is the subject of a patent that is pending or has been issued, You are required to disclose that fact to Level Up Pipeline.
Feedback Waiver: By providing Feedback, you hereby irrevocably release and forever discharge Level Up Pipeline from any and all present or future actions, causes of actions, claims, damages, liabilities, and demands, whether absolute or contingent and of any nature whatsoever, related to the Feedback. This release encompasses how Level Up Pipeline directly or indirectly uses the Feedback. You acknowledge your responsibility for the content of the Feedback and agree, at Level Up Pipeline's discretion and at your sole expense, to defend, indemnify, and hold Level Up Pipeline harmless from any and all present or future actions, claims, liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines, or expenses, including reasonable attorneys' fees, incurred by Level Up Pipeline as a result of the use of the Feedback in accordance with these Terms.
Copyright; Digital Millennium Copyright Act: If you believe that your copyrights have been infringed or your intellectual property rights violated by a third party’s use of our Platform, it is crucial to notify us of your infringement claim following the procedure outlined below. We are committed to processing and investigating notices of alleged infringement and will take appropriate actions in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws concerning any alleged or actual infringement. To submit a notification of claimed copyright infringement, please send an email to [email protected] with the subject line: “DMCA Takedown Request” and mail a physical copy to the designated copyright agent address provided below.
Our designated copyright agent to receive DMCA Notices is:
Level Up Pipeline LLC
Attention: Copyright Agent
10620 Southern Highlands Pkwy. STE: 100-742
Las Vegas, NV 89141
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may locate it;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter-Notice: If you believe that your User Contribution that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload or display the content in your User Contribution, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Counter-Notice Handling: In the event a counter-notice is received by our copyright agent, we will promptly forward a copy of the counter-notice to the original complainant. This notification will inform the complainant that Level Up Pipeline reserves the right to repost the removed content or cease disabling it within 10 business days. Unless the copyright owner initiates legal action seeking a court order against the content provider, member, or user, the removed content may be reposted or access to it restored within 10 to 14 business days or more after the counter-notice is received, at our sole discretion.
Furthermore, we retain the right, at our sole discretion, to restrict access to the Platform and/or terminate the account of any user found to be infringing on the intellectual property rights of others.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as our website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Change Of Control
Level Up Pipeline may assign its rights under these Terms at any time, without notice to you. You may not assign your rights under these Terms without Level Up Pipeline’s prior written consent which may be withheld at Level Up Pipeline’s sole discretion.
Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE TAKE NOTE OF THE FOLLOWING PARAGRAPHS AS THEY REQUIRE YOUR AGREEMENT TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
These Terms of Service and any disputes under them shall be governed by the laws of the State of Nevada, excluding any conflicts of laws principles.
Any dispute or claim arising from these Terms shall be exclusively settled through arbitration under the administration of the American Arbitration Association, following the Commercial Arbitration Rules in effect at that time. The Federal Arbitration Act governs this arbitration provision, and the arbitration proceedings shall take place in Las Vegas, Nevada. The resulting arbitration award may be entered in a court with competent jurisdiction.
It is essential to emphasize that all claims and disputes falling under this arbitration agreement must be resolved on an individual basis and not as part of a class. Claims from multiple customers or users cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
How to Contact Us
To ask questions or comment about this terms of service policy and our privacy practices, contact us at:
Level Up Pipeline
