These terms are between the owner of this website, Level Home, Inc. and its subsidiaries and affiliates, (collectively referred to as “Level,” “we,” “us,” or “our”) and you. If you are using the Level Services and Products (as defined below) on behalf of a business or entity, uses of the term “you” include such business or entity and you represent to us that you have authority to bind that business or entity to these Terms, and that business or entity accepts these Terms.
The purpose of the Level Home Terms of Service (“Terms”) is to create a legally binding agreement between you and Level and spell out our rights and obligations, and other terms and conditions, concerning the use of the following: (1) any hardware product that you bought from Level and any Level-branded product that you bought from a third party (“Level Products”); (2) this and all other Level websites (“Level Sites”) and any user account you create or access at a Level Site or through Level Software; (3) any mobile applications (“Level Apps”) or other software provided to you by Level or for use in conjunction with a Level Product (collectively, “Level Software”); and (4) any services provided to you by Level through the Level Sites, Level Software or otherwise in conjunction with a Level Product (“Level Services”). The Level Products, Level Sites, Level Software, and Level Services are referred to herein as the “Level Services and Products.”
You represent that you are of sufficient legal age in your jurisdiction or residence to use or access the Level Services and Products and enter into the binding agreement represented in these Terms. Any use or access to the Level Services and Products by individuals under the age of 13 (or the equivalent minimum age in the applicable jurisdiction) is strictly prohibited and is a violation of these Terms. If you will be authorizing anyone to use the Level Services and Products that is not otherwise bound to these Terms, including anyone under the age required to enter a binding agreement in their jurisdiction, they are included in the term “you” and you assent to these Terms on their behalf and agree that these terms apply to their use of the Level Services and Products. IF YOU DO NOT AGREE WITH ANY OF PROVISION IN THESE TERMS, YOU MUST CEASE ACCESSING OR USING THIS WEBSITE AND THE LEVEL SERVICES AND PRODUCTS.
4. Changes to these Terms and Level Services and Products
We may revise and update these Terms from time to time in our sole discretion. All revisions are effective immediately upon the earlier of when we post them on this website or otherwise provide you notice of the revisions through the Level Services or Level App, and apply to all access to and use of the Level Services and Products thereafter. Your continued use of the Level Services and Products following the posting or notice of revised Terms means that you accept and agree to the revisions. However, there is one exception to the preceding -- any revisions to the dispute resolution provisions set forth in Section 17 section will not apply to any disputes for which the parties have actual notice prior to the date the revisions were effective. IF YOU DO NOT AGREE WITH ANY OF THE REVISIONS TO THESE TERMS, YOU MUST DISCONNECT YOUR PRODUCTS FROM YOUR LEVEL ACCOUNT AND CEASE ACCESSING OR USING THE LEVEL SERVICES AND PRODUCTS.
In addition, we may update or remove content on Level Sites, including removal of the entire website, from time to time. You understand and agree that the content on the Level Sites is not necessarily complete or up-to-date and therefore any of the material on the Level Sites may be out of date at any given time, and we are under no obligation to update such material. We will not be liable if for any reason all or any part of a Level Site is unavailable at any time or for any period.
Level reserves the right, at any time, to modify, suspend or discontinue the Level Services or any feature or other part thereof with or without notice. You agree that Level will not be liable to you or to any third party for any modification, suspension or discontinuance of the Level Services or any part thereof. From time to time, Level may add or remove features or develop updates, upgrades, patches and other modifications to the Level Products and Level Software to improve the performance of the Level Services and Products or for other reasons in our sole discretion (“Updates”). You agree that Level may automatically install such Updates without providing any additional notice to you or receiving any additional consent from you. If you do not want to receive Updates, you may terminate your Level Account and stop using the Level Services and Products. If you do not terminate a previously created Level Account, you will continue to receive Updates automatically. You acknowledge that you may be required to install Updates to use the Level Services and Products and you agree to install any Updates that Level provides promptly.
5. Level Account
To use the Level Services and Products, you must sign up for a user account (“Level Account”) and provide certain information about yourself, as required by the applicable registration form presented. You represent and warrant that all required registration information that you submit when setting up your Level Account is truthful and accurate and you will maintain the accuracy of such information. You are entirely responsible for maintaining the confidentiality of your Level Account login information and for all activities that occur under your Level Account. You agree to use strong passwords with your Level Account comprising a combination of letters, numbers and symbols with your Level Account and to maintain your password securely to prevent others from gaining access. You agree to immediately notify Level of any unauthorized use or suspected unauthorized use of your Level Account, or any other breach of security. Level is not liable for any loss or damage arising from your failure to comply with the above requirements.
The individual who creates a Level Account is the “Owner” of that Level Account and is the Owner of the Level Products associated with that Level Account (“Owner’s Products”). Individuals who are authorized to access an Owner’s Level Services and Products are “Authorized Users”. Authorized Users may have the ability to use the Level Services and monitor and control the Owners’ Level Products (for example, an Authorized User can lock or unlock your Level Lock). Authorized Users may also have the ability to view information (including personal information) and content across all of the Level Services and Products associated with that Owner (for example, an Authorized User may receive mobile alerts for the applicable Level Account). Authorized Users are responsible for their own actions in connection with the Level Services and Products, but you (the Owner) also hereby agrees to be fully responsible for all actions taken by Authorized Users relating to the Owner’s Level Account, and Level Services and Products. If you are an Owner who invites or enables an Authorized User, you acknowledge and agree that the Authorized User may subsequently invite or enable other Authorized Users with the same access and ability to use your Level Services and Products set out above. As a result, if you are an Owner, you should only authorize those individuals whom you trust to access your Level Account and Level Services and Products.
6. Third-Party Providers
7. Ownership; Intellectual Property; and Open Source
Level, and its licensors, are the owners of all right, title and interest in and to the Level Services and Products. We reserve all rights not expressly granted in these Terms. All Level Services and Level Software are licensed and not sold. You acknowledge that all intellectual property rights, including, without limitation, copyrights, patents, trademarks and trade secrets, in the Level Services and Products are owned by Level or, as applicable, its licensors. Your possession, access to and use of the Level Services and Products, does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Level, and its licensors and suppliers, reserve all rights not expressly granted in these Terms.
Downloading or using Level Software (including the Level Apps) does not give you title to such software, including any files, data and images incorporated in or associated with the software. Level Software is copyrighted by Level or its licensor(s), and may be protected by one or more patents owned by Level or its licensor(s). Level Software is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Level Services and Products for your private, personal, non-commercial use. You will only use Level Software in connection with, and solely for the purpose of, controlling and monitoring Level Products you own or are authorized to control and monitor or accessing a Level Services in conjunction with such Level Product.
The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Level Services and Products; (ii) you agree not to modify, make derivative works of, disassemble, reverse-compile or reverse-engineer any part of the Level Services and Products; (iii) you agree not to access the Level Services and Products in order to build a similar or competitive service or product; (iv) except as expressly stated herein, no part of the Level Services and Products may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (v) you agree not to upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer or communications network, computer, handheld mobile device, data, the Level Services and Products or any other system, device or property; (vi) you agree not to interfere with, disrupt or attempt to gain unauthorized access to the servers or networks connected to the Level Services and Products or violate the regulations, policies or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Level Services and Products by means other than through the interface that is provided by Level; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) that may be contained in, or displayed in connection with, the Level Services and Products. Any future release, Update or other addition to functionality of the Level Services shall be subject to these Terms.
The Level Services and Products may include independent, discrete portions of software code that are subject to the GNU General Public License (“GPL”) or other open-source licenses (“Open Source Software”). Nothing in these Terms modifies the terms and conditions of any applicable end-user license for Open Source Software. You agree that all Open Source Software shall be and shall remain subject to the terms and conditions under which it is provided, and you shall be responsible for compliance with such terms.
8. Geographic Restrictions
Although the Level Sites are accessible worldwide, the Level Services provided or accessed through or on the Level Sites or through the Level Software are not available to all persons or in all countries. If you choose to access the Level Sites or use the Level Software from outside of the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws of the applicable country. You understand and accept that the Level Sites are not designed for use in all countries and that some, or all, of the features of the Level Sites may not work or be appropriate for use in all countries. To the extent permissible by law, Level accepts no responsibility or liability for any damage or loss caused by your access or use of the Level Services and Products outside of the United States. You will be bound by these Terms wherever you access or use the Level Services and Products.
9. Term and Termination
These Terms will remain in full force and effect as long as you continue to access or use the Level Services and Products, or until terminated in accordance with the provisions of these Terms. At any time, Level may (i) suspend or terminate your rights to access or use the Level Services, or (ii) terminate these Terms with respect to you if Level, in good faith, believes that you have used the Level Services and Products in violation of these Terms. If you transfer a Level Product to a new owner, your right to use the Level Services and Level Software with respect to that Level Product automatically terminates and the new owner will have no right to use the Level Services and Products under your Level Account (as described below) and will need to register for a separate Level Account with Level and accept these Terms.
Upon termination of these Terms, your Level Account and your right to use the Level Services will automatically terminate. The obligations in Sections 3 through 14 and Sections 16 through 18 will survive any expiration or termination of these Terms.
10. Agreed Usage; Limitations of Level Services and Products; and System Requirements
The Level Services are intended to be accessed and used for non-time-critical information and control of Level Products. While Level aims for the Level Services to be reliable and available, they are not intended to be reliable or available 100% of the time. The Level Services are subject to sporadic interruptions and failures for a variety of reasons beyond Level’s control, including Wi-Fi intermittency, service provider uptime, delayed mobile notifications, among others. You acknowledge these limitations and agree that Level is not responsible for any damages allegedly caused by the failure or delay of the Level Services.
You acknowledge and agree that the Level Services and Products, whether standing alone or when interfaced with Third-Party Products or Services, are not certified for emergency response and agree not to use the Level Services and Products for this purpose. FURTHER, YOU UNDERSTAND THAT LEVEL DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND UNDER NO CIRCUMSTANCES WILL LEVEL DISPATCH EMERGENCY SERVICES. PLEASE DO NOT CONTACT LEVEL CUSTOMER SERVICE OR ANY CUSTOMER CARE AND SUPPORT OFFERED BY LEVEL REGARDING AN EMERGENCY SITUATION. IF YOU EXPERIENCE AN EMERGENCY, YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR APPROPRIATE EMERGENCY RESPONSE SERVICE.
The Level Services may be suspended temporarily, without notice, for security reasons, systems failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. Level does not offer any specific uptime guarantee for the Level Services.
The Level Services will not be accessible without:(i) a Level Account; (ii) an enabled and supported wireless device, such as a phone or tablet (required for some features and functionalities of the Level Services); (iii) always-on broadband Internet access in your home with bandwidth sufficient to support the Level Products you use; and (iv) other system elements that may be specified by Level. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Level Services may not work as described when the requirements and compatibility have not been met. If you modify, substitute, move, or otherwise change any of the required system elements, it is your sole duty and responsibility to be sure they are compatible and properly configured to work with the Level Services and Products. In addition, you acknowledge that Level may activate Bluetooth on your smartphone or tablet, with or without prior notification, in order to facilitate proper operation of the Level Services and products, enable communication with Level Products connected to the same Level Account.
The Level Services provide you with information regarding the status of Level Products in your home and their connection with other products and services (“Product Information”). We cannot guarantee that Product Information is correct or up to date. Product Information is provided “as is” and “as available.”
It is your responsibility to install and use the Level Services and Products pursuant to the applicable instructions provided by Level, including via a Level App or Level Site. IF A LEVEL PRODUCT IS NOT PROPERLY INSTALLED, OR IF A LEVEL PRODUCT IS PLACED OUT OF REACH OF ANY NECESSARY NETWORKING DEVICE (SUCH AS A REQUIRED ROUTER, HUB, OR MOBILE DEVICE, IT MAY NOT FUNCTION PROPERLY. It is your responsibility to test the Level Products once installed to be sure they (and any components and peripherals) are functioning and communicating as intended and designed, and then regularly test and maintain the Level Products after installation. Additionally, you agree that it is your responsibility to replace any batteries for the Level Products, when necessary. YOU UNDERSTAND AND AGREE THAT THE PRODUCTS MAY NOT FUNCTION OR PROPERLY FUNCTION IF BATTERIES NEED REPLACEMENT; PLEASE CHECK THEM REGULARLY.
11. Limitations of Level Services Due to Third Parties; Release of Claims
Level Services and Products rely on and interoperate with third-party products, services, and industry standards technologies (including Wi-Fi, Bluetooth, and standard internet and web-related protocols). These third-party products, services and technologies are beyond Level’s control, but their operation may impact on, or be impacted by, the use and reliability of the Level Services. You acknowledge and agree that: (i) the use and availability of the Level Services and Products is dependent on third-party product vendors and service providers, (ii) these third-party products, services, and technologies may not operate in a reliable manner 100% of the time and they may negatively impact the operation or performance of the Level Services, and (iii) Level is not responsible for damages and losses due to the operation of these third-party products, services, and technologies.
You acknowledge that the availability of the Level Services and Products is dependent on (i) your mobile device, Bluetooth connection and other related equipment (“Equipment”), (ii) your Internet service provider (“ISP”) and (iii) your mobile device operator (“Operator”). You acknowledge that you are responsible for all fees charged by your ISP and Operator in connection with your use of the Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of service, privacy terms, and other agreements and policies of your ISP and Operator. You agree that you are responsible for all fees charged by third parties for third-party products and services such as your ISP and Operator in connection with your use of the Level Services.
You acknowledge that Level uses third-party service providers to enable some aspects of the Level Services – such as, for example, data storage, synchronization and communication through Amazon Web Services and mobile device notifications through mobile operating system vendors and mobile operators. YOU AGREE NOT TO RELY ON THE LEVEL SERVICES FOR ANY TIME-CRITICAL OR LIFE SAFETY PURPOSES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS THIRD-PARTY SERVICE PROVIDERS FROM ALL LIABILITY, DAMAGES OR LOSSES OF ANY KIND OR SORT, PERSONAL INJURY OR LOSS OF LIFE ARISING FROM YOUR USE OF THE LEVEL SERVICES AND PRODUCTS.
The availability of the Level Apps is dependent on the third-party mobile application stores or websites from which you download the mobile apps (e.g., the Google Play Store from Google or the App Store from Apple (each an “App Store”)). You acknowledge that these Terms are between you and Level and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading mobile apps, including the Level App, from it. You agree to comply with such App Store terms and conditions, and your license to use the Level Apps is conditioned upon your compliance with such App Store terms and conditions provided that, to the extent that any applicable term or condition from any App Store is less restrictive than or otherwise conflicts with one or more terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
The Level Sites may contain links to other websites operated by third parties (“Third-Party Sites”) and referrals to third-party vendors (“Referred Vendors”). Such Third-Party Sites and Referred Vendors are not under our control. Level provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to such Third-Party Sites or Referred Vendors. The terms and conditions applicable to Your use of such sites may be different than these Terms. You agree that your use of any Third-Party Sites is at your own risk.
You acknowledge that Level is not responsible for third parties or their products or services, including, without limitation, App Stores, Third-Party Products and Services, Third-Party Sites, Referred Vendors, Equipment, ISP and Operators. Level hereby disclaims, and you hereby discharge, waive and release Level and its licensors and suppliers from any past, present and future claims, liabilities and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.
You agree that Level is not responsible for any Authorized User’s behavior, and for any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to their access to or use of the Level Services.
12. INDEMNITY FOR THIRD-PARTY CLAIMS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, RELEASE AND HOLD LEVEL AND ITS LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “LEVEL PARTIES”) HARMLESS FROM AND AGAINST (I) ALL CLAIMS, ACTIONS, LAWSUITS AND ANY OTHER LEGAL ACTION BROUGHT BY ANY THIRD PARTY AGAINST ANY OF THE LEVEL PARTIES ARISING FROM OR RELATING TO (A) YOUR USE AND EACH AUTHORIZED USER’S USE OF THE LEVEL SERVICES AND PRODUCTS; (B) YOUR OR YOUR AUTHORIZED USERS’ VIOLATION OF THESE TERMS; (C) ANY USER SUBMISSIONS OR FEEDBACK YOU PROVIDE; OR (D) YOUR OR YOUR AUTHORIZED USERS’ VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD-PARTY (COLLECTIVELY, ”THIRD PARTY ACTIONS”); AND (II) ANY AND ALL RELATED LOSSES, DAMAGES, SETTLEMENTS AND JUDGEMENTS (INCLUDING PAYMENT OF THE LEVEL PARTIES’ ATTORNEYS’ FEES AND COSTS) INCURRED BY ANY OF THE LEVEL PARTIES, ASSESSED OR FOUND AGAINST ANY OF THE LEVEL PARTIES, OR MADE BY ANY OF THE LEVEL PARTIES, RELATING TO OR ARISING FROM ANY SUCH THIRD PARTY ACTION (“THIRD PARTY RELATED LOSSES”). YOU UNDERSTAND AND AGREE THAT YOUR INDEMNIFICATION OBLIGATION TO THE LEVEL PARTIES APPLIES EVEN IF SUCH THIRD-PARTY ACTION AND THIRD PARTY RELATED LOSSES ARISE FROM THE NEGLIGENCE OF ANY KIND OR DEGREE, BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NON-COMPLIANCE WITH APPLICABLE LAW, OR OTHER FAULT OR WRONGDOING OF ANY OF THE LEVEL PARTIES. HOWEVER, NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO REQUIRE ANY INDEMNIFICATION WHICH WOULD RENDER OR MAKE THIS CLAUSE, IN WHOLE OR IN PART, VOID AND/OR UNENFORCEABLE UNDER APPLICABLE LAW. FURTHER, YOUR INDEMNIFICATION OBLIGATION SHALL NOT APPLY TO ANY WILFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF THE LEVEL PARTIES, OR GROSS NEGLIGENCE OF THE LEVEL PARTIES IN THOSE STATES THAT DO NOT PERMIT INDEMNIFICATION FOR GROSS NEGLIGENCE. “THIRD PARTY” IS DEFINED HEREIN TO INCLUDE, AMONG OTHERS, AN AUTHORIZED USER, AN UNAUTHORIZED USER, A SPOUSE, PARTNER, FAMILY MEMBER, GUEST, NEIGHBOR, TENANT, EMPLOYEE OR INSURANCE COMPANY. Level reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Level, and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Level’s prior written consent. Level will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
13. Warranty Disclaimers
THE WARRANTIES FOR THE LEVEL PRODUCT AND LEVEL SOFTWARE ARE SET FORTH IN THE TERMS OF SALE AND THE END USER LICENSE AGREEMENT, RESPECTIVELY.
THE LEVEL SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE”, AND LEVEL, AND OUR LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.
LEVEL, AND OUR LICENSORS AND SUPPLIERS, MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE LEVEL SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEVEL OR THROUGH THE LEVEL SERVICES, SHALL CREATE ANY WARRANTY.
LEVEL DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH, OR IN CONNECTION WITH, THE LEVEL SERVICES AND PRODUCT OR ANY LINKED WEBSITE OR SERVICE, AND LEVEL WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND SUCH THIRD-PARTY PROVIDERS.
LEVEL MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE LEVEL SERVICES, AND LEVEL WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE LEVEL SERVICES. LEVEL MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF LEVEL SERVICES AND PRODUCTS OFFERED OR PURCHASED THROUGH THE LEVEL SERVICES.
(f) THE LEVEL SERVICES MAY PROVIDE YOU INFORMATION REGARDING YOUR PRODUCTS (“PRODUCT INFORMATION”) OR OTHER PERIPHERALS CONNECTED TO YOUR PRODUCTS (“PRODUCT PERIPHERALS”). THE TYPE OF PRODUCT PERIPHERALS THAT MAY BE CONNECTED TO YOUR PRODUCT MAY CHANGE FROM TIME TO TIME. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION IS PROVIDED FOR YOUR CONVENIENCE,“AS IS” AND “AS AVAILABLE”. LEVEL DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE.
14. Other Disclaimers
WHEN YOU INSTALL, SETUP OR USE THE LEVEL SERVICES AND PRODUCTS YOU ARE GIVEN THE OPPORTUNITY TO CHANGE DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE NON-RECOMMENDED OR UNINTENDED OPERATION OR NON-OPERATION OF YOUR LEVEL SERVICES AND PRODUCTS AND ANY CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR ANY DAMAGES AND LOSSES CAUSED BY, OR RELATED TO, THE CHOICES YOU MAKE FOR THE PARTICULAR SETTINGS FOR THE LEVEL SERVICES AND PRODUCTS, AND SETTING OR CHANGING DEFAULTS.
YOU UNDERSTAND AND AGREE THAT SOME OF THE LEVEL SERVICES AND PRODUCTS ARE NOTIFICATION, SIGNALING AND DETECTION SERVICES AND PRODUCTS. THOSE LEVEL SERVICES AND PRODUCTS DO NOT ELIMINATE OCCURRENCES OF EVENTS, SUCH AS FIRES, FLOODS, BURGLARIES, ROBBERIES, AND MEDICAL ISSUES. FURTHER, YOU UNDERSTAND AND AGREE THAT THOSE PRODUCTS AND SERVICES MAY NOT AVERT OR MINIMIZE SUCH OCCURRENCES OF EVENTS, OR THEIR CONSEQUENCES, AND, THEREFORE, LEVEL MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) THAT THOSE LEVEL SERVICES AND PRODUCTS WILL SO AVERT OR MINIMIZE SUCH OCCURRENCES OF EVENTS, OR THEIR CONSEQUENCES.
You understand and agree that Level Products are not designed and manufactured to comply with any CP-01 ANSI Standard or other similar false alarm reduction standard or ordinance that may be required or recommended by your state or local government. It is your responsibility to verify applicable state or local laws and you are responsible for payment of any required permit or false alarm fees.
You should protect against any risk of loss with the appropriate insurance coverage, and you are responsible for obtaining all insurance coverage you believe is necessary. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND THE APPLICABLE POLICY OR POLICIES OF INSURANCE YOU OBTAIN AND MAINTAIN, YOU RELEASE LEVEL AND ITS LICENSORS AND SUPPLIERS FROM ALL LIABILITY FOR ANY LOSS, OCCURRENCE, EVENT OR CONDITION COVERED BY YOUR INSURANCE.
16. Limitation of Liability
The parties acknowledge agree that nothing in these Terms and, in particular, within this “Limitation of Liability” clause, shall be interpreted or construed to limit or exclude liability that cannot be so limited or excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE WARRANTY AND OTHER DISCLAIMERS IN THESE TERMS, IN NO EVENT WILL (A) LEVEL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST DATA OR LOST PROFITS ARISING FROM OR RELATING TO THE LEVEL SERVICES AND PRODUCTS, EVEN IF LEVEL KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) LEVEL’S TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE OR ANY OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT TO (A) ABOVE, ARISING FROM OR RELATED TO THE LEVEL SERVICES AND PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED TWO (2) TIMES THE FEES ACTUALLY PAID BY YOU TO LEVEL OR LEVEL’S AUTHORIZED RESELLER FOR THE LEVEL SERVICES AND PRODUCTS AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). LEVEL DISCLAIMS ALL LIABILITY OF ANY KIND OF LEVEL’S LICENSORS AND SUPPLIERS. UNDER NO CIRCUMSTANCES WILL LEVEL BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF, OR EXPOSURE TO, ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE LEVEL SERVICES, LEVEL SITES, OR LEVEL ACCOUNTS.
YOU UNDERSTAND AND AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 16 SHALL APPLY EVEN IF LEVEL IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY. HOWEVER, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF LEVEL OR GROSS NEGLIGENCE OF LEVEL IN THOSE STATES THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE.
17. DISPUTE RESOLUTION AND ARBITRATION/CLASS ACTION WAIVER/JURY TRIAL WAIVER/WAIVER OF PUNITIVE DAMAGES
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
(A) Arbitration. Level and you agree to arbitrate all disputes and claims that arise from or relate to these Terms or the Level Services and Products in any way, except for claims arising from bodily injury. THIS ARBITRATION IS MANDATORY AND NOT PERMISSIVE. This agreement to arbitrate is intended to be broadly interpreted, including, for example:
• claims arising out of or relating to any aspect of the relationship between us that is created by or involves these Terms or the Level Services and Products, regardless of the legal theory;
• claims for mental or emotional distress or other emotional/mental injury arising from the relationship between us;
• claims that arose before you accepted these Terms (such as claims related to disclosures or the marketing of the Level Services and Products, or the process for seeking approval to use the Level Services and Products);
• claims that may arise after the termination of your use of the Level Services and Products or any agreement between us; and
• claims brought by or against our respective subsidiaries, parent companies, members and affiliates, as well as the respective officers, directors, employees, agents, predecessors, successors and assigns of these entities, you, and Level.
This arbitration agreement does not preclude either of us from bringing an individualized action in small claims court. It also does not preclude either of us from seeking an individualized preliminary injunction or temporary restraining order, pending arbitration, in any court that has jurisdiction. Nor does this arbitration agreement bar you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. In addition, you or Level may seek injunctive or other equitable relief to protect your or its trade secrets and intellectual property rights or to prevent loss or damage to its services in any court with competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE, LAW, YOU UNDERSTAND AND AGREE THAT WE ARE EACH (A) WAIVING THE RIGHT TO A TRIAL BY JURY; (B) WAIVING THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION; AND (C) WAIVING THE RIGHT TO CLAIM OR RECOVER PUNITIVE DAMAGES AGAINST THE OTHER. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
(B) Notice of Disputes. If either of us intends to seek arbitration of a dispute, that party must provide the other with notice in writing. The notice to Level should be sent to: Legal Department, Level Home, Inc., 650 Main St, Redwood City, CA 94063, USA. Level will send notice to you at the email and/or mailing addresses associated with your Level Account. Your notice to Level must (a) provide your name, mailing address, and email address; (b) describe the dispute; and (c) state the relief you are requesting. If we are unable to reach an agreement to resolve the dispute within 60 days after the notice is received, you or we may commence arbitration.
(C) Arbitration Procedures. The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If the AAA is unavailable, the parties shall agree to another arbitration provider or the court shall appoint a substitute. Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) where you are receiving Level Services. If the value of your claim is USD $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing. If the value of your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of this arbitration provision or the arbitrability of disputes are for the court to decide. The arbitrator may consider, but is not bound by, rulings in other arbitrations between Level and Level users. The arbitrator can award the same individualized damages and relief that a court can award. Judgement on the award may be entered by any court having jurisdiction.
(D) Costs of Arbitration. The AAA’s fee schedule is subject to change and may be found in the AAA Rules (available online at www.adr.org or by calling the AAA at 1-800-778-7879). Level will pay all AAA filing, administrative and arbitrator fees for any arbitration that Level commences. If you provided Level with 60 days’ notice of your intent to arbitrate before commencing arbitration and the value of your claim is USD $75,000 or less, Level will pay your share of any such AAA fees. If the value of your claim exceeds USD $75,000, the allocation of AAA fees will be governed by the AAA Rules (unless the law of your state requires Level to pay all such fees). If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees shall be governed by the AAA Rules. In such cases, the arbitrator may direct you to reimburse Level for amounts that Level paid on your behalf.
(E) No Class Arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LEVEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED GROUP LITIGATION OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or group proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(F) 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section 17, you must notify Level in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). Your written notification must be mailed to Level at Level’s address set forth in the Notices subsection above. Subject to the Future Changes subsection below, if you do not timely notify Level in accordance with this subsection, you agree to be bound by the arbitration and group litigation waiver provisions of these Terms, including such provisions in any Terms revised after the date of your first acceptance. Such notification must include: (a) your name, (b) your Level Account email address, (c) your mailing address and (d) a statement that you do not wish to resolve disputes with Level through arbitration. This notification affects these Terms only; if you previously entered into other arbitration agreements with Level or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms shall not affect the other arbitration agreements between you and Level.
(G) Future Changes. If Level makes any changes to the terms of this Section 17 (other than a change to the address at which Level will receive notices of dispute, opt-out notices or rejections of future changes to the Dispute Resolution and Arbitration Section), you may reject any such change by sending us written notice within 30 days of the change to Level at its address set forth above in the Notices subsection. It is not necessary to send us a rejection of a future change to this Section 17 if you had properly opted out of the arbitration and group litigation waiver provisions in this Section within the first 30 days after you first accepted these Terms. If you have not properly opted out of the arbitration and group litigation waiver provisions in this Section 17, by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject.
(A) Governing Law. These Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Level Services and Products shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The courts in some states and countries may not apply California law to some types of dispute. If you reside in one of those states or countries, then where California law is excluded from applying, your state’s or country’s laws will apply. WITHOUT LIMITING THE PROVISIONS OF SECTION 17, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS IN OR FOR SANTA CLARA COUNTY, CALIFORNIA FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS OR DISPUTES, UNLESS SUCH CLAIM OR DISPUTE IS REQUIRED TO BE ARBITRATED AS SET FORTH IN SECTION 17 ABOVE.
Notwithstanding the foregoing, Level may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
(B) Timeframe for Bringing Claims. You agree that, unless prohibited by law, any claim or cause of action arising out of or related to these Terms or the purchase or use of the Level Services and Products, must be filed within one (1) year after such claim or cause of action arose or be forever barred, regardless of any time limit set forth in any statute or law to the contrary.
(C) Fees and Payment. Certain Level Services may be provided for a fee. You shall pay all applicable fees in connection with the Level Services selected by you in accordance with the Terms of Sale.
(D) Release of Claims. THESE TERMS INCLUDE PROVISIONS REQUIRING YOU TO WAIVE CERTAIN RIGHTS AND RELEASE CLAIMS AGAINST LEVEL AND CERTAIN THIRD PARTIES. WITH RESPECT TO THE WAIVERS AND RELEASES INCLUDED IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT 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.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER COMPETENT JURISDICTION.
(E) Personal Information. Level cares about the integrity and security of your personal information. We endeavor to implement appropriate security measures. However, Level cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
(F) User Feedback and Submissions. You may choose to, or Level may invite you to submit comments, suggestions or ideas about the Level Services and Products, including how to improve the Level Services and Products (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous and without restriction, and will not place Level under any fiduciary or other obligation. Level may use, copy, modify, publish or redistribute the Idea and its contents for any purpose and in any way without any compensation to you. You also agree that Level does not waive any rights to use similar or related ideas previously known to Level, developed by its employees or obtained from other sources. You hereby grant Level a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable right to access, display, create derivative works of, manufacture, use, sell and otherwise commercialize the Idea.
(G) Entire Agreement/Severability. These Terms, including any other Level terms and conditions and policies referenced herein, constitute the entire agreement between you and Level regarding the use of Level Services and purchase and use of Level Products. Any failure by Level to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
(H) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Level’s prior written consent. These Terms may be assigned by Level without restriction. These Terms are binding upon any permitted assignee.
(I) Notifications. Level may provide notifications to you as required by law, or for marketing or other purposes, via (at its option) email to the primary email associated with your Level Account, mobile notifications, hard copy or posting of such notice on www.Level.com. Level is not responsible for any automatic filtering that you or your network provider may apply to email notification and recommends that you add @level.co email addresses to your email address book to help ensure that you receive email notifications from Level.
Level Home Inc. address is 935 Main St, Redwood City, CA 94063, USA.
If you are a resident of California, in accordance with California Civil Code Section1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them, in writing, at 400 R Street, Sacramento, CA 95814, USA, or by telephone on (800) 952-5210.
All trademarks, logos and service marks (“Marks”) displayed on the Level Services and Products are the property of Level or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of Level or such respective holders. Level reserves the right to alter product and services offerings, specifications and pricing at any time, without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.