The Agreement between Lev and You
- This Agreement constitutes the entire and only agreement between us and you (except as otherwise specified herein).
- This Agreement supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services, the content, products or services provided by or through the Services, and the subject matter of this Agreement (except as otherwise specified herein).
You are responsible for reviewing changes to this Agreement
- This Agreement applies to all users of the Services.
- Lev may make changes to this Agreement from time to time without specifically notifying you.
- Lev will post the latest Agreement on the Site and may post it on Lev’s mobile device applications, but it is up to you to review it before using the Services.
- If you continue to use the Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
- In addition, some services offered through the Services may be subject to additional terms and conditions specified by Lev from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
What Lev Does
Lev provides and operates a neutral technology and software platform: Lev’S role is limited to providing a software platform on which users can more easily find and directly interact with other users (and their pets) in connection with shared interests and activities revolving around pets, and allows users to seek each other out (and their pets) based on various factors including but not limited to geographic location, hobbies, interests, and activities, etc. (again, the “Services”).
Use of the Services and Your Interactions with Other Users (and their Pets)
- Through the Services, we may provide various tools and help facilitate the ability of users to arrange in person, “in real life”, meetings, gatherings, events, and various other types of encounters in various places, including homes, parks, businesses, etc. that may or may not include their pets as well (collectively any such meeting, gathering, and/or event shall be referred to as a “Gathering”).
- Lev does not monitor, administrate, nor supervise any Gathering, nor does Lev exercise any control with regard to the people and/or their pets at such Gatherings and is not responsible in any way for the conduct of any user or their pets. It is strongly advised that just like any real-world encounter, any and all users of the Services use good judgment, common sense, and due care when attending any Gatherings.
- Lev is not in any way responsible for any in-person interactions between any users as a result of any users’ use of the Services provided by Lev hereunder or for any users’ experience with any other users and/or any pets of their own or other users.
- You agree to take all necessary precautions in all interactions with other users and their pets, especially if you decide to communicate outside the Services or meet in person. You should not provide your financial information (for example, your, private keys for any Digital Assets, credit card or bank account information), or wire or otherwise send money, to other users.
- Lev is not responsible for the conduct of any user (or their pets), whether online or offline, and will not be liable for any injury, damage, or claim arising out of or in connection with any Services, whether direct, indirect, general, special, compensatory, consequential, and/or incidental. By using the services, you agree that Lev shall not be held liable for any damage nor injury to persons, property, or premises that may arise out of use of the Services.
- Lev does not routinely or uniformly review, screen, or vet any users or their pets, or the content or information provided by users to the Services. Lev does not review, screen, or vet the identity, rights, or background of any user (or their pets).
- Lev does not endorse any users or their pets. Users are responsible for determining the suitability and compatibility of any interactions with any other users or their pets home you contact or contact you via the Services. Lev will not be responsible for any damage or harm resulting from your interactions with other users.
- You understand and agree that Lev does not and cannot exert any control over the health, safety, availability, accessibility, legal compliance, or other aspects of any users and their pets and/or, nor the authority of any users to make any pets available for Gatherings.
- You understand and agree that, since Lev is a software platform, it cannot bear responsibility or liability for any materials or information (including without limitation, text, identities, images, content, listings, copy, descriptions, and prices) posted by any user, including you, on the Services.
- You understand that it is a user‘s sole duty and responsibility to examine other users‘ (and their pets’) background, health history, and/or criminal history. Lev does not perform such background, criminal history or credit checks, and each user hereby releases and hold Lev harmless from any and all liability resulting from any user performance or failure to perform, such checks, or examinations.
- You understand Lev is not in any way guaranteeing that the use of the Services (inclusive of any laws, rules, and regulations regarding the possession or maintenance of any pets) is compliant with any and all laws, rules, and regulations, including but not limited to the local, rules, and regulations that may apply to pet ownership.
- All users are expected work to expeditiously resolve any complaints, claims, or disputes with each other in a respectful manner and to treat each other with respect and courtesy.
- YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND THEIR PETS. YOU UNDERSTAND THAT Lev DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ANY USERS (NOR DOES IT CONDUCT ANY CHECKS OR REFERENCES WITH REGARD TO ANY PETS). Lev MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS, THE DISPOSITION NOR TEMPERAMENT OF THEIR PETS, OR THE LIKELIHOOD OF SUCCESSFUL INTERACTIONS OR COMPATIBILITY WITH ANY PAST, CURRENT, OR FUTURE USERS (NOR THEIR PETS). NOTWITHSTANDING THE FOREGOING, Lev RESERVES THE RIGHT (BUT DOES NOT UNDERTAKE THE OBLIGATION) TO POTENTIALLY CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
Per this Agreement, you hereby release Lev (specifically the Section of this Agreement entitled “Release of Lev“ below), its affiliates or its partners, and as a result in no event shall Lev, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, arising out of or relating to the conduct of you, your pets, or anyone else and their pets in connection with the use of the Services and Gatherings including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons or pets any users meet through the Services or via Gatherings.
Release of Lev
Because we do not supervise or control the Gatherings or other interactions among or between users and their pets (and we repeat and incoropate all the terms set forth in the Section of this Agreement entitled “Use of the Services and Your Interactions with Other Users (and their Pets)“ above), you agree that you bear all risk and you hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against Lev, its subsidiaries and affiliates (including, without limitation, LEV TOKEN, a Cayman Islands Company), and each of their respective shareholders, members, directors, officers, employees, agents, partners and representatives (collectively, the “Lev Parties”) related to any of the risks set forth herein. In addition, to the fullest extent permitted by applicable law, you release Lev and the other Lev Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. Further, you expressly waive any rights you may have under Section 1542 of the Civil Code of the State of California, as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. Section 1542 reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Important Notes Regarding Digital Assets, Bones, Lev Tokens
- We may provide various users the ability to engage in various transactions bind to the Services, using: 1) cash, 2) “in-app” digital rewards and incentive points such as “Bones”, and 3) by and through various cryptographic Blockchain based digital currencies (collectively “Digital Assets”), including, but not limited to our own Digital Asset tokens, dubbed “Lev” (collectively, the “Tokens”), which may be exchangeable into fiat currency. We may also allow users to engage in various financial transactions using the Digital Assets by and through various smart contracts on the Polygon blockchain and by and through the Polygon network and/or the Ethereum network (collectively, the “Smart Contracts”).
- You understand that we neither own nor control any third-party Digital Asset wallet manufacturers or providers, the Polygon blockchain, the Polygon network, nor the Ethereum network. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
- From time to time, we may permit users to convert cash and/or Bones into Tokens. Bones are not the same as Tokens, but you can exchange the Bones you hold in your account for Tokens, as permitted from time to time by Lev and per the conversion rates specified from time to time by Lev.
- The Lev Bones digital rewards and incentive program (the “Program”) is part of the Services and is offered at the discretion of Lev. Lev has the right to terminate the Program, in whole or in part, or to change the rules, benefits, conditions of participation, at any time, with or without notice, even though changes may affect the value of rewards already accumulated. Void where prohibited by law.
- You may not create an account or participate in any the Program for any commercial purpose. You may not sell Bones or your account. You may not transfer Bones between accounts or combine accounts.
- Bones may not be sold, and are not transferable or assignable for any reason, including upon death, as part of a domestic relations matter, or otherwise by operation of law. There are no third party beneficiaries to this Agreement.
- Lev may discontinue your participation privileges and terminate your account in its sole discretion if it believes that you have acted in a manner inconsistent with this Agreement or the law or have engaged in any fraudulent activity with respect to the Program. If your account is terminated, your Bones balance and any redeemed but unfulfilled rewards will be forfeited. In addition to forfeiture, Lev reserves the right to take any appropriate administrative and/or legal action as it deems necessary in its sole discretion.
- Lev may modify, suspend, or terminate the Program and this Agreement at any time in its sole discretion. These changes may impact or terminate your ability to earn and redeem Bones. Lev will provide notice of modifications, suspensions, or termination of the Program by posting notice on the Site. Any modification, suspension, or termination of the Program by Lev will be effective immediately upon posting notice. Your continued participation in the Program constitutes your acceptance of any changes to this Agreement.
- Lev is not responsible for any incorrect or inaccurate information supplied by you while participating in the Program. All disputes regarding eligibility, earning or redemption of Bones, or your compliance with this Agreement will be resolved by Lev in its sole discretion.
Digital Assets, Risk Disclosures; Assumption of Risks
- Neither the U.S. Securities and Exchange Commission nor any state or other domestic or foreign securities commission or other regulatory authority has approved, passed upon or endorsed the merits of any of the Services or any Digital Assets.
- All potential Users are strongly encouraged to consult with professional tax, legal and financial advisors before making any investment decision.
- Lev is neither the creator nor the administrator of any Digital Assets other than the Tokens.
- You understand and agree that Digital Assets inherently contain and presents a degree of legal risk due to the fluid and rapidly evolving regulatory, legislative, financial, regimes relating to Digital Assets in general. Because of the differences between any Digital Assets and traditional investments, there is a risk that issues that might easily be resolved by existing law if traditional securities were involved may not be easily resolved for the Digital Assets. For example, there is little precedent on how existing law might treat the issue, fungibility, settlement finality, transfer, collateralization, sequestration, loan, hypothecation, redemption or other disposition of any Digital Assets. The occurrence of any related issue or dispute could have a material adverse effect on the Digital Assets. New developments in the law may also adversely affect the treatment of any Digital Assets. The development and acceptance of blockchain networks are subject to a high degree of uncertainty and a variety of factors that are difficult to evaluate. The factors affecting further development of the cryptocurrency industry, as well as blockchain, include, without limitation: Worldwide growth in the adoption and use of Bitcoin, Ether and other blockchain technologies; Government and quasi-government regulation of Bitcoin, Ether and other blockchain assets and their use, or restrictions on or regulation of access to and operation of blockchain networks or similar systems; The maintenance and development of the open-source software protocol of the Bitcoin or Ethereum networks; Changes in consumer demographics and public tastes and preferences; The availability and popularity of other forms or methods of buying and selling goods and services, or trading assets including new means of using fiat currencies or existing networks; and/or general economic conditions and the regulatory environment relating to cryptocurrencies. Any combination of the foregoing may also adversely affect the treatment of any Digital Assets.
- You acknowledge and agree that the value of a cryptocurrency is highly volatile and that buying, selling, and holding any Digital Assets involves a high degree of risk. Digital Asset networks are operated by decentralized networks of independent third parties.
- You represent and warrant that you have: (a) the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any Digital Assets that you decide to track using the Services; as well as the (b) the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of any Digital Assets.
- Use of the Services may be available through a compatible mobile device, Internet or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. Lev makes no warranties or representations of any kind, express, statutory or implied as to: (i) the availability of telecommunication services from you provider and access to the Services at any time or from any location; (ii) any loss, damage or other security intrusion of the telecommunication services; and (iii) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the Services.
- You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against Lev, its subsidiaries and affiliates, and each of their respective shareholders, members, directors, officers, employees, agents, partners and representatives (collectively, the “Lev Parties”) related to any of the risks set forth herein. In addition, to the fullest extent permitted by applicable law, you release Lev and the other Lev Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. Further, you expressly waive any rights you may have under Section 1542 of the Civil Code of the State of California, as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. Section 1542 reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
In App Purchases
- From time to time, Lev may offer additional goods, products, and services for purchase (“in app purchases”) through the Apple App Store℠, Google Play, or other software marketplace platforms on which Lev makes its software and Services available (each, an “App Store”). If you elect to make an in app purchase, you will be requested to enter details for your account with the mobile operating system you are using (e.g., without limitation Google/Android, Apple, etc.) (“IAP Account”), and your IAP Account will be charged for the in app purchase pursuant to the terms imposed by the applicable App Store and this Agreement (including any specific terms and conditions Lev may impose at the time of purchase).
- You understand that some App Stores may charge you sales tax, depending on local taxing rules and regulations, which you shall be solely responsible for the payment of.
- Lev may offer, from time to time, periodic subscriptions to all or portions of the Services and if a user purchases an auto-recurring periodic subscription through an in app purchase, its IAP Account will be billed continuously for the subscription until the user cancels such subscription.
- If a user cancels its subscription, that user may use its subscription until the end of its current subscription term, however, the user will not be eligible for a prorated refund of any portion of the subscription fee paid for the current subscription period. Please refer to the terms of your IAP Account which apply to your in app purchases.
Promotions, Merchants, and Third Party Products
- From time to time, Lev, may make available by through the Services various goods, products, and services provided by various third-party sellers (collectively, the “Third Party Products”), retailers, e-tailers, manufacturers, distributrors, and related parties (collectively “Merchants”), which may involve discounts, promotions, and other marketing and promotional terms (collectively “Promotions”).
- You understand that any and all such Promotions are strictly offered by Merchants to users and are subject to the terms and conditions as specified by the applicable Merchant.
- You understand that to the extent that there are any service fees, commissions, or other forms of considerations paid to or retained by Lev by and through the redemption, execution, or consummation of a Promotion and/or the purchase of any Third Party Products by and through the Services, does not render Lev a partner, joint venturer, nor agent of the Merchant, and you understand further that the Merchant shall be fully responsible for any and all claims, damages, losses, harm (collectively “Losses”), caused in whole or in part by the Merchant or any Third Party Products, as well as for any Losses arising from any regulatory action, enforcement, or sanctions.
- You further understand that Lev cannot and does not make any representation, warranty, nor guarantee in relation to the Promotions and/or Third Party Products, including, without limitation suitability for particular purpose, value, enforceability, nor benefits.
- Lev is not a party to any transaction that any Merchant and you may enter into as a result of your redeeming, participating in, or otherwise enjoying any Promotion and/or the purchase of any Third Party Products.
- Lev does not exercise control nor responsibility with regard to any the interactions and/or transactions you have or engage in with these Merchants, which are solely goverrned and cotnrolle by such Merchants‘agreements, terms and conditions, privacy policies and other contracts that they may impose by and through their websites, applications, and other channels/needs.
- We cannot guarantee that any Merchants will honor any Promotions that are made available by and through the Services and we cannot guarantee that any such Promotions are fully accurate, and do not contain any errors and accordingly we will bear no liability nor responsibility for any such inaccuracies, errors, or any misrepresentations. If you would like to report an erroneous, expired, or other problematic Promotion, please feel free to email us at: firstname.lastname@example.org.
- From time to time, you may be able to purchase various Third Party Products directly by and through the Merchants using their applications, websites, and other channels directly. You understand that any such transactions will be governed and controlled by all such Merchants’ applicable terms and conditions, which may have significant impact on shipping, delivery, discounts, taxes, and other terms and conditions which you should pay close attention to and review.
- We intend to use commercially reasonable efforts to ensure that the terms, details, and other information with regard to any Promotions are true, accurate, incorrect, but we cannot and will not space guarantee that the foregoing are accurate, complete, and without errors. We encourage you to closely review all such terms, details, and information with regard to any Promotions, Merchants, and any Third Party Products. Please also note that any warranties regarding any such Third Party Products are solely the responsibility of the applicable Merchant and that we do not bear any liability nor responsibility with regard to the functionalities, satisfaction related to, or performance of any Third Party Products, nor any injuries, liabilities, damages, harm, or other losses resulting from the use thereof.
- We are not the same party as any Merchants, and we are not the party offering any Promotions, Third Party Products, etc., which are solely the domain and responsibility of the applicable Merchants. In addition, any terms, details, and information with regard to any Promotions, Third Party Products, and/or any Merchants are the sole responsibility of the applicable Merchants. You further understand that Lev does not perform any due diligence on, investigate, nor examine any of the foregoing items. Accordingly, you understand that we are not responsible nor bear any liability for any claims associated with the data, description, terms and conditions of, or any other information relating to any Merchants, Promotions, and/or Third Party Products.
- Even if we offer Bones via the Program that can be used to obtain benefits and/or Third Party Products from Merchants, in each such instance, you agree that Lev has no responsibility for any Third Party Products from Merchants and that you are contracting directly with the relevant Merchants when you redeem or use your Bones to acquire Third Party Products. You agree that that each of the above items and diclsiamers of this Section entitled “Promotions, Merchants, and Third Party Products“.
Pet Intros and Matching
From time to time the Services may provide tools and help facilitate Gatherings between users and their pets based on matching various criteria. Lev does not guarantee compatibility of any of the pets or users that may be introduced or matched though such features of the Services. All such Gatherings are subject to the same terms, conditions, and warnings set forth in the Section entitled “Use of the Services and Your Interactions with Other Users (and their Pets)” above.
You understand that certain communications, such as Lev service announcements, updates, and newsletters, as well as promotional offers, deals, and discounts relevant and beneficial to you. By using the Services, you expressly agree to receive such communications from Lev. You may opt out such communications using the methods provided by Lev (e.g., without limitation and as applicable, unsubscribe buttons contained in emails, user privacy settings, etc.). Please note that some communications are fundamental and necessary in order to ensure the proper functioning of the Services and may not be subject to opt out or unsubscribe actions.
Maps and Listings
- The Services, from time to time, may make available to users various listings regarding businesses, facilities, amenities, and various other physical locations, which may be viewable on real-time or other types of maps provided by and through the Services.
- You understand that Lev cannot and will not guarantee the accuracy of any such listings made available by the Services, and any information, data, statistics, photographs, descriptions or other information made available by and through such listings may be out of date, inaccurate, subject to revision by various third parties, etc.
- Accordingly, you understand that users should always contact a business, proprietor, or location directly to obtain and confirm the most up to date and accurate information. All businesses reserve the right to enforce their own policies or refuse people or dogs for reasons they see fit.
- You also understand that Lev has and exercises no control or authority over any third party business, proprietor, location, and/or facility which alone has the authority and control to enforce, waive, or otherwise dictate their policies, terms, and conditions for use and enjoyment of their businesses, locations, and facilities, including but not limited to various policies regarding pets.
- You also understand that various maps made available by it to the Services are derived from crowdsourced and public resources and that accordingly, Lev there is no responsibility for any harmful, inaccurate, offensive or damaging data, materials, and/or contained within any such maps.
- If any users reasonably believe that there is any inaccurate, harmful, and offensive data and/or information about any location, facility, and/or amenity represented on any such maps, they may report the same to Lev from within the Services or email Lev at email@example.com.
- You further understand and agree that Lev shall bear no liability nor responsibility for any navigation information nor directions received from Google Maps, Apple Maps, or other mapping and navigation services that provides directions, navigation, or other information to Lev, which may be made available by and through the Services.
Lost and Found (“Watch Dog”)
From time to time, the Services may provide assistance with “lost and found” items, belongings and even lost pets. If these features and functionalities are provided, they are provided solely on a courtesy and “as is” basis, and Lev will not and cannot guarantee that any such features or functionalities will result in any lost pets, belongings, or other items being found. Any such features and functionalities are not intended to be a replacement for proper diligence by users with regard to their pets and belongings, including but not limited to resorting third-party services such as the police, shelters, and devices and/or goods and services designed to help maintain the safety and track the location of pets.
Pet Health and Health Generally
- The Services are provided for general information and entertainment purposes only and do not offer any medical and/or veterinary advice on which you should rely.
- As a result, you understand that at all times you should always obtain professional or specialist advice (e.g., without limitation veterinary advice) before taking, or refraining from, any action on the basis of information obtained from the Services with regard to your own health or the health of any of your pets. Although we make reasonable efforts to update the information provided by the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
- The Services do not contain or constitute, and should not be interpreted as, any form of medical advice or opinion, diagnosis or treatment, including any veterinary advice and should never be used as a substitute for medical or emergency care, or veterinary advice.
- You understand that your use of the Services does not create a doctor-patient and/or veterinarian-relationship between you and Lev or between your pet and Lev.
- If you or your pet have a medical or mental health emergency, or are taking actions that may cause harm to you or to others, you should seek emergency treatment at the nearest emergency room (or, if applicable, veterinarian pet hospital) or call an emergency help line.
- Neither Lev nor its affiliates are licensed medical and/or veterinary professionals, and we are not in the business of providing medical advice or in the practice of human or veterinary medicine.
Suggestions and Feedback
You agree that submission of any ideas, suggestions, documents, and/or proposals to Lev through its Siter or Services, or similar means (“Feedback”) is at your own risk and that Lev has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Lev a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Lev’s business.
Your Use of the Services
Your registration and account security
When you use the Services you may provide Lev certain registration and account information, which Lev will rely on to provide you its products and services. The following are your obligations when creating, registering, and maintaining the security and accuracy of your account:
- You will register your account for your own use and not for the use of another person, alter ego, or other identity.
- You will create only one account for yourself.
- You will not assign or transfer your account to anyone without first getting Lev’s written consent.
- You will not provide false or misleading information when you register an account.
- If Lev terminates or disables your account, you may not create another account without first getting Lev’s written consent.
- You will keep your contact and other information requested by Lev (such as phone number, address, etc.) accurate and up-to-date. You agree to immediately notify Lev messaging platform of changes in Email address, mailing address, phone number or other information.
- You will not share your password, let anyone other than you access your account, or do anything that might compromise the security of your account.
- If you select a username for your account, Lev reserves the right to remove or reclaim it for any reason, including that it is inappropriate in Lev’s sole determination.
Your personal information
- You grant a worldwide, perpetual, royalty-free, irrevocable, and transferable license to Lev to display, reproduce, transmit, use, and/or store this information to the extent necessary to support the operation of the Services.
Lev may edit or modify anything on the Services without notice
Lev is committed to delivering a positive user experience and you understand that Lev reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Services in its sole discretion, without notice.
You are responsible for accepting updated versions of the Services
- If Lev provides updated versions of the Services and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
- If you do not accept updated versions of the Services, Lev shall not bear any responsibility or liability for your decision.
You agree to let us monitor your activity on the Services
- Because Lev wants to continue to improve the Services for the benefit of you, we may monitor your activity on Lev mobile device applications (if any), as well as on the Services.
- By using the Services you specifically agree to allow Lev to monitor you in this manner.
- You understand, however, Lev cannot and does not make any warranties or guarantees that: (i) any Lev mobile device applications or the Services, or any component thereof, will be made free from error or inaccuracy as a result of such monitoring or free from unauthorized and/or unacceptable use as a result of such monitoring; (ii) any statements or factual items presented by the Services will be free from error or authenticated; or (iii) Lev will take any action in the event of any non-compliance with this Agreement.
You must be 18 or older to use the Lev Site or Services
- You understand that you may not use the Services where such use is prohibited.
- You understand that the Services are intended solely for users who are eighteen (18) years of age or older and can legally form a binding agreement.
- Any use of or access to the Services by anyone under 18 is unauthorized.
- You represent and warrant that you are 18 or older, and that you agree to abide by all of the terms and conditions of this Agreement.
- Lev does not knowingly collect information from individuals who are less than thirteen (13) years of age.
It is your responsibility to make sure this Agreement and your use of the Services complies with all laws applicable to you
- You understand that Lev may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
- You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you.
- You understand that your right to access the Services will be revoked where this Agreement or use of the Services is prohibited and, if that is the case, you agree not to use or access the Services in any way.
Lev may terminate your use of the Services without reason or notice to you
While Lev respects its users, you agree that Lev may terminate your use of the Services and prohibit you from accessing the Services, for any reason, or no reason, and with or without notice.
Fees, Payment, and Charges
- If you elect to conduct any financial or other transactions using the Tokens by and through the Services with any party, including other users, Merchants, etc., you understand that any such transactions and/or payments (collectively “Token Based Transactions”) will be conducted solely through the the Polygon blockchain and network, and upon the Ethereum network.
- Token Based Transactions that take place by and through Services are managed and confirmed via the Polygon blockchain. You understand that your Polygon and/or Ethereum public address(es) will be made publicly visible whenever you engage in Token Based Transactions by and through the Services.
- We will have no insight into or control over such Token Based Transactions, nor do we have the ability to reverse any such Token Based Transactions. Accordingly, we bear no responsibility nor liability to you or to any third party for any harm, losses, damages, loss of funds, loss of data, breach of privacy, or any other type or category of damages, loss, or harm that may arise as a result of any Token Base Transactions, or using the Smart Contracts, or any other transactions that you conduct via the Polygon network, the Ethereum network (or any other Blockchain network).
- You understand and agree that Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. Those Gas Fee(s) fund the global network of computers upon which the decentralized Ethereum network runs. As a result, you understand that you will need to pay a Gas Fee for each Token Based Transaction.
- You understand that you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Services (including, without limitation, any Taxes that may become payable as the result of any Token Based Transactions). Except for income taxes levied on us, you: (i) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to this Agreement.
Who Owns What and How You Can Use It
The copyright to all content on the Services is owned by the Owner/Operator of that content
- The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Services (“Copyright Content”) are the property of Lev or its content suppliers and are protected under applicable copyrights, trademarks and other proprietary rights.
- You may not copy, redistribute, use or publish any part of the Services, except as allowed by this Agreement.
- You do not acquire ownership rights to any content, document or other materials viewed through the Services.
You may not use trademarks appearing on the Services in an infringing manner
- You agree that Lev, LEVMAPS.COM, and other Lev graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Lev or its affiliates (“Trademark Content”).
- Lev trademarks and trade dress may not be used in connection with any product or service that is not Lev’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Lev.
- All other trademarks not owned by Lev or its affiliates that may appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lev or its affiliates.
You may use the Lev Services for limited purposes
- Lev grants you a limited license to access and make personal use of the Services.
- Lev does not grant you the right to download (other than page caching) or modify the Services, or any portion of the Services.
- You understand Lev does not grant you the right to: (a) resell or make commercial use of the Services or their contents; (b) make any derivative use of the Services or their contents; (c) download or copy account information for the benefit of a third party or merchant; or (d) use any data mining, robots, or similar data gathering and extraction tools.
- You understand that the Services or any portion of Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, other than as required for the limited commercial use granted herein.
- You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Lev and our affiliates without express written consent.
- You may not use any meta tags or any other “hidden text” utilizing Lev’s name or trademarks without the ex’s press written consent of Lev. Any unauthorized use terminates the permission or license granted by Lev hereunder.
- You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.
- You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Lev or to the page representing your listing(s) on Lev so long as the link does not portray Lev, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
- You may not use any Lev logo or other proprietary graphic or trademark as part of the link without express written permission.
Some portions of the Services rely on Supported Platforms
- You acknowledge that the Services interoperate with several third party sites and services, including but not limited to Facebook and Google (the “Supported Platform(s)”), and that some of the Services provided are highly dependent on the availability of such Supported Platforms. If at any time any Supported Platforms cease to provide availability to Lev on reasonable terms, Lev may cease to provide such features to you without entitling you to refund, credit, or other compensation.
- In order to use the features of the Services related to the Supported Platforms, you may be required to register for or log into such Supported Platforms on their respective websites. By enabling such Supported Platforms within the Services, you are allowing Lev to pass your log-in information to these Supported Platforms for this purpose.
You have the necessary rights to share content and materials should you choose to
- The Services permit you and other users to create, submit, share, post, copy, link, store and otherwise distribute certain information, images, photos, drawings, videos, icons, text and/or other content (“User Content”). You are responsible for your User Content, including without limitation its legality, reliability, and appropriateness.
- You warrant that either: (a) your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in this Agreement; or (b) all parties whose materials are included in your User Content, or who contributed in any way, are depicted in, or have any rights to your User Content, have granted you permission to submit and license your User Content to Lev as set forth herein, with full knowledge that Lev may exploit it in any manner whatsoever. You make such warranties without Lev incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
- You grant to Lev the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed, and to advertise, market and promote the same.
- You further agree that Lev is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or Lev, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content, and without remuneration of any kind.
- You further perpetually and irrevocably grant Lev the unconditional right to use and exploit your name, persona and likeness included in any User Content.
- You also grant to Lev the right to sub-license and authorize others to exercise any of the rights granted to Lev.
- You authorize Lev to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet, and you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
Lev’s Copyright Policy
Lev does not condone nor authorize activities on or through the Services that infringe copyright or intellectual property rights. We will delete any infringing User Content if properly notified that such User Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located on the Services;
- Identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
- 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 owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org.
Lev reserves the right to terminate your account or any user account that it determines to be a “repeat infringer.” A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had User Content repeatedly removed from the Services.
What Laws and Rules You Are Responsible For Following
You promise to comply with this Agreement and any laws or regulations applicable to you
- You promise not to use the Services for any purpose that is prohibited by this Agreement.
- You are responsible for all of your activity in connection with the Services.
- You shall abide by all applicable local, state, national and international laws and regulations including, without limitation, zoning restrictions and tax regulations, and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to you.
You agree to comply with Lev’s conduct policies when using the Services
We do our best to keep the Services safe and operational, but Lev cannot guarantee it. Lev needs your help to do that, which includes the following commitments:
- You will not seek to generate Tokens by any means other than your genuine use of the Services that meet the eligibility criteria specified by Lev from time to time and, in particular, you shall not enlist third parties to generate Tokens on your behalf;
- You will not violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations, and any ownership laws;
- You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, or in any way exploit the Services except as expressly authorized by Lev;
- You will not take any action that imposes or may impose (as determined by Lev in its sole discretion) an unreasonable or disproportionately large load on Lev’s infrastructure;
- You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction;
- You will not interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
- You will not bypass any measures Lev may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
- You will not run any form of auto-responder or “spam” on the Services;
- You will not use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- You will not harvest or scrape any content or materials from the Services;
- You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- You will not threaten, intimidate or harass another user (or their pets);
- You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birth date, home address, IP address, credit card number, social security number, or other government-issued identification information) for commercial or unlawful purposes;
- You will not upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- You will not upload, post, transmit, share, store or otherwise make available any content (such as a picture on a profile page) other than those of a personal nature that: (i) are of you, (ii) are taken by you, or (iii) are original content created by you;
- You will not otherwise take any action in violation of Lev’s guidelines and policies;
- You will not falsely represent your identity or impersonate a third party, nor will you falsify or mislead third parties regarding your affiliation with any entity;
- You are solely responsible for all Submissions from your account. “Submissions” means anything that a user transmits to the Services in the course of using the Services. You shall remain at all times solely responsible for the full functionality, accuracy, non-infringement, reliability, integrity, quality or validity of any statement or any other detail contained in the Submissions.
- You will not use the Services in any manner or transmit any Submission that: infringes (or results in the infringement of) Lev’s or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to the location(s) of all other parties to the transaction, or; would cause Lev to be in violation of any law or regulation, or to infringe any right of any third party.
- You will not transmit any Submission and will not use the Services to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity); material that is racially or ethnically insensitive; material that is defamatory, harassing or threatening; pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or material that may be harmful to a minor; any virus, worm, Trojan horse, or other harmful or disruptive component; or anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
You use the Lev Services at your own risk
- Lev has no obligation to review any content or material, posted to or through the Services, and cannot therefore be responsible for such material or content.
- By operating the Services, Lev does not represent or imply that it endorses any content or material there posted, or that it believes such material to be accurate, useful or non-harmful.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- The Site or the Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.
- The Site or the Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
- Lev disclaims any responsibility for any harm resulting from the use by visitors of the Services, or from viewing or downloading by those visitors of content posted on the Services.
Lev is not responsible for what happens outside of the Services, including on websites the Services links to
- You understand the Services may contain (or you may receive from Lev, third parties, or other users) links to other web sites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, video, information, software, applications and any other content (“Third Party Content”).
- You understand and agree that Lev is not responsible for, and does not control, Third Party Sites and Third Party Content. You also understand and agree that Lev is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Sites and Third Party Content.
- You acknowledge and agree that Lev shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.
- The Services may also, from time to time, access Third Party Content by accessing third party Application Programing Interfaces (“APIs”) within the Services. You understand and agree that the Services are not endorsed, certified or otherwise approved in any way by the third party providing such API and the owner/operator of the API is not responsible for the Services. Notwithstanding any license provided under these Terms (including the end user license granted under this Agreement), (i) any such third party API is provided “as-is,” without any warranties and all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement, are expressly disclaimed; (ii) you may not modify or create derivative works based on any part of any such third party API; (iii) you may not decompile, reverse-engineer, disassemble, and/or otherwise reduce any such third party API to source code or other human-perceivable form, to the full extent allowed by law; (iv) ownership of any such third party API and any services related to any such third party API remain with the owner of the API; and (v) the owner/operator of any third-party API used in connection with the Services disclaims any and all liability on the part of the third-party API owner/operator for any interruption in its services as accessed via the Services.
Information and press releases may not be updated
The Services contain information and press releases about Lev. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press releases or otherwise, should not be relied upon as being provided or endorsed by us.
Lev’s liability is limited
- Lev is not responsible for any Third Party Sites, Third Party Content, Supported Platforms, or any other content posted on the Services, whether posted or caused by users of the Services, Lev, third parties or by any of the equipment or programming associated with or utilized in the Services.
- Lev is not responsible for the conduct, whether online or offline, of any user of the Services.
- Lev assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
- You understand that it is your duty to confirm and verify any information provided on or through the Services, and that you bear the sole risk of relying on any such information, including but not limited to content, third-party content, or links.
- Lev is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data, computer online systems, servers or computer equipment, software, failure of email or servers on account of technical problems or traffic congestion on the Services or Site, including injury or damage to users or to any other person’s computer, and/or mobile device.
- Neither Lev nor any of its affiliates, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Services, anyone’s use of services purchased via the Services, any content posted on the Services or transmitted to users, or any interactions between users of the Services, whether online or offline.
WE TRY TO KEEP THE SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SERVICES IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL LEV OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND SUBSIDIARIES HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, THE SERVICES, OR THE SITE. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE/SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
LEV DOES NOT CONTROL THE INFORMATION PROVIDED BY THIRD PARTIES (INCLUDING ANY USERS OR MERCHANTS) OR SUPPORTED PLATFORMS ON THE SITE OR SERVICES, AND THEREFORE SHALL NOT BE RESPONSIBLE FOR YOUR RELIANCE ON ANY INFORMATION OR STATEMENTS MADE ON OR THROUGH THE SITE OR SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO STATEMENTS MADE BY (1) USERS RELATED TO THEMSELVES, THEIR PETS, OR THE SERVICES; (2) ALLEGED PROMISES RELATED TO ANY GATHERINGS, AND (3) ANY THIRD PARTY STATEMENTS, INCLUDING THOSE OF OTHER USERS AND MERCHANTS.
FURTHERMORE, YOU ARE SOLELY RESPONSIBLE FOR THE INFORMATION THAT YOU PROVIDE ON THE SERVICES, INCLUDING BUT NOT LIMITED TO PICTURES, DESCRIPTIONS, VIDEOS, WARRANTIES, GUARANTEES, SOUNDS, GRAPHICS, OR ANY OTHER INFORMATION ANY USERS OR MERCHANTS PROVIDE.
YOU ACKNOWLEDGE AND AGREE THAT ENGAGING IN ANY GATHERINGS, YOU MAY BE EXPOSED TO CONDITIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICES AND AGREE TO ENGAGE IN GATHERING S AT YOUR OWN RISK. YOU UNDERSTAND THAT LEV DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. LEV SHALL NOT BE LIABLE FOR ANY TRANSACTIONS MADE BETWEEN YOU AND ANY THIRD PARTY OR MERCHANT, INCLUDING ANY REQUEST OR ORDER YOU MAKE OR ACCEPT THROUGH THE SERVICES, AND YOU AGREE THAT ANY SUCH TRANSACTION IS EXPRESSLY BETWEEN YOU AND THE THIRD PARTY OR MERCHANT; YOU THEREFORE RELEASE LEV AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES (INCLUDING WITHOUT LIMITATION LEV TOKEN, A CAYMAN ISLANDS COMPANY), AGENTS, AND SUBSIDIARIES, FROM ANY AND ALL CLAIMS, DEMANDS, AND DISPUTES. NOTWITHSTANDING LEV’S OPERATION OF THE SERVICES AND FACIALITING TRANSACTIONS THEREON, LEV EXPLICITLY DISCLAIMS ALL LIABILITY, OF ANY KIND OR NATURE, FOR ANY ACT OR OMISSION OF ANY USER, THIRD PARTY OR MERCHANT.
LEV SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE CONDUCT OF ANY USERS OR MERCHANTS OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES OR ANY GATHERINGS, INCLUDING WITHOUT LIMITATION, BODILY INJURY, INJURIES GENERALLY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, DAMAGE TO PERSONS, PETS, PREMISES OR PROPERTY, AND/OR ANY OTHER DAMAGES RESULTING FROM OR RELATED TO USE OF THE SERVICES.
NEITHER LEV NOR ANY OF ITS AFFILIATES, PROMOTERS OR DISTRIBUTION PARTNERS SHALL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S (INCLUDING USERS, MERCHANTS, AND ANY PETS) USE OF THE SERVICES ANY CONTENT POSTED ON THE SERVICES OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS AND OTHER USERS, MERCHANTS, AND ANY PETS, WHETHER ONLINE OR OFFLINE.
LEV DOES NOT CONTROL THE INFORMATION PROVIDED BY THIRD PARTIES (INCLUDING USERS ARE MERCHANTS) OR SUPPORTED PLATFORMS ON THE SITE OR SERVICES, AND THEREFORE SHALL NOT BE RESPONSIBLE FOR OWNER/OPERATOR RELIANCE ON ANY INFORMATION OR STATEMENTS MADE ON OR THROUGH THE SERVICES. FURTHERMORE, users ARE SOLELY RESPONSIBLE FOR THE INFORMATION THAT OTHER USERS AND MERCHANTS PROVIDE ON THE SERVICES, INCLUDING BUT NOT LIMITED TO PICTURES, DESCRIPTIONS, VIDEOS, WARRANTIES, GUARANTEES, OR ANY OTHER INFORMATION IN CONNECTION WITH THIRD PARTY PRODUCTS, USERS, AND ANY PETS.
LEV’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE FEES, IF ANY, PAID BY YOU TO US FOR THE SERVICES AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU SHALL EXCEED $100. YOU AGREE THAT DISPUTES BETWEEN YOU AND LEV WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE POLYGON AND/OR ETHEREUM NETWORK OR THE USE OF ANY BLOCKCHAIN OR DIGITAL ASSET ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (ii) SERVER FAILURE OR DATA LOSS; (iii) CORRUPTED WALLET FILES; OR (iv) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES, THE POLYGON AND/OR ETHEREUM NETWORK, OR ANY BLOCKCHAIN OR DIGITAL ASSET ELECTRONIC WALLET (EVEN IF SUCH BLOCKCHAIN OR DIGITAL ELECTRONIC WALLET WAS PROVIDED BY US).
LEV IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAIN OR ANY OTHER FEATURES OF THE POLYGON AND/OR ETHEREUM NETWORK OR ANY BLOCKCHAIN OR DIGITAL ASSET ELECTRONIC WALLET (EVEN IF SUCH BLOCKCHAIN OR DIGITAL ELECTRONIC WALLET WAS PROVIDED BY US), INCLUDING BUT NOT LIMITED TO ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE POLYGON AND/OR ETHEREUM NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES.
You agree to indemnify Lev
You agree to indemnify, defend, and hold harmless Lev, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, members, managers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys’ fees, arising out of or in connection with: (1) your use of the Services, including but not limited to your requesting, ordering, or performing Services, (2) any Supported Platforms, User Content, Third Party Content, Third Party Products, Third Party Sites, and any other content, (3) your violation of this Agreement, or of any law or the rights of any third party, (4) your breach of this Agreement and/or any breach of your representations and warranties set forth herein, and (5) your failure to comply with any and all applicable laws, rules, and regulations in the procurement and provision of Services via the Services.
The information and or features provided within the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Lev to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of our Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities or features of any content, product, service or other feature that we provide.
You agree that New York law applies to this Agreement
Subject to the arbitration clauses included below, if there is any dispute arising out of the Services, by using the Services, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.
Your general representation and warranty
You represent and warrant that:
- You will use the Services so as not to infringe or misappropriate the intellectual property rights of any third party.
- You and Lev agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
- You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- You agree any arbitration shall take place in New York, New York, USA in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
- If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
- A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
- Lev may assign its rights under this Agreement without condition.
- This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.