Terms of Use
Leva App’s website, located at www.levaapp.com, and other products and services (collectively, the “Service”), are owned and operated by Leva App (“Leva”, “we,” or “us”). Please read these terms of use (“Terms of Use”) carefully because they set forth the important terms you will need to know about the Service. In these Terms of Use, the terms “you” and “yours” refer to the person using the Service. Use of the Service is governed by these Terms of Use, and by using the Service you agree to abide by these Terms of Use as well as all applicable laws and regulations. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use the Service or any information or Content contained on the Service, as defined in these Terms of Use. Your access to and use of the Service constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. If you do not agree with these Terms of Use, do not use the Service.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
THE SERVICE PROVIDES GENERAL HEALTH AND WELLNESS INFORMATION AND A MEANS TO INTERACT WITH PRACTITIONERS. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PRACTITIONER OR SERVICE, AND LEVA, ITSELF, DOES NOT PROVIDE MEDICAL OR HEALTH ADVICE, CARE, DIAGNOSIS, OR TREATMENT. NONE OF THE CONTENT SHOULD BE CONSIDERED MEDICAL ADVICE OR AN ENDORSEMENT, REPRESENTATION, OR WARRANTY THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.
SERVICE DESCRIPTION
Leva App is intended for general information purposes to provide support for mothers and their infants. If you are worried about your own or your baby’s health you should contact an appropriate healthcare professional.
The information on the Leva App is intended to provide general advice and should never be relied on as a substitute for proper medical assessment with respect to the particular circumstances of each case and the needs of each person.
Whilst all reasonable care is taken to ensure the information contained within Leva App is accurate at the time of preparation, none of the Leva App Team take any responsibility for matters arising from changed circumstances or information or material that may have become available after the issued or reviewed date, and make no warranty as to the accuracy, completeness or reliability of its contents or accept any liability for loss, damage or injury that may arise upon use of any information provided.
All content made available on the Leva App is designed to be used exclusively for information purposes and cannot be deemed to constitute a service. Leva App is entitled at any time, without prior notice, to make alterations, extensions to, or delete, information and content on this website and this disclaimer or else take it offline temporarily or permanently.
The Service provides individuals accessing it with general information on health care and other general content pertaining to health, career, and wellness topics (“Content”) and access to wellness professionals and facilities offering their services via the Service (the “Practitioners”). The Service contains certain pages, sections, services, and content that are only available to registered members of the Leva services, including a means to obtain meditation content, video-chat, or electronic messaging consultations for a range of medical issues by facilitating the connection between you and Practitioners through use of the Service. The Practitioners who deliver services through Leva’s Service are independent professionals practicing within a group of independently owned professional practices. We do not practice medicine or any other licensed profession and do not interfere with the practice of medicine or any other licensed profession by Practitioners, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Leva nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Practitioner via the Services.
ELIGIBILITY
This Service is intended for use only by persons who are at least 18 years of age. By using the Service, you affirm that you are over the age of 18. Leva does not seek through this website to gather personal information from or about persons under the age of 18. Practitioners may decline to enroll a Service user if, based on the provider's professional medical judgment, the Service user is not well-suited for the program.
NON-DISCRIMINATION
Leva complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. Leva does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.
ACCOUNTS AND REGISTRATION; SECURITY
To access many features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, as further described in our Privacy Policy. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password if any, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at [email protected].
You must exercise caution, good sense, and sound judgment in using the Service. You are prohibited from violating, or attempting to violate, the security of the Service including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Service or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. Any such violations may result in criminal and/or civil penalties against you. Leva may investigate any alleged or suspected violations and if a criminal violation is suspected, Leva will cooperate with law enforcement agencies in their investigations.
LIMITED LICENSE AND SITE ACCESS; ALL RIGHTS RESERVED
We grant you the limited license (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) to access and make personal use of the Service. Except as expressly authorized in the preceding sentence, you may not download (other than for page caching) or modify the Service, or any portion of it, except with our express written consent. This license does not include: any resale or commercial use of the Service or the Content; or any derivative use of the Service or the Content.
Neither this Service nor any portion of the Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of Leva without our express written consent. You may not use any meta-tags or any other “hidden text” containing our trademarks or service marks without our express written consent.
We (or the respective third-party owners of Content) retain all right, title, and interest in the Service and any Content and features offered on the Service, including any and all intellectual property rights. We (or the respective third-party owners of Content) reserve all rights not expressly granted herein. Any unauthorized use terminates the foregoing licenses and permissions.
INDEPENDENCE OF PRACTITIONERS
The professionals utilizing or featured on the Service are subscribers to and licensees of the Service and not employees of Leva. Any opinions, advice, or information expressed by a health care facility, professional, or specialist using or featured on the Service are of the facility, professional, or specialist alone. They do not reflect the opinions of Leva. Leva does not recommend or endorse any specific tests, providers, products, procedures, medications, devices, opinions, or other information that may be mentioned on the Service or by a licensee of Leva. The inclusion of Practitioners on the Service or in any professional directory located on the Service does not imply recommendation or endorsement of such Practitioner nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Practitioner contained therein. Such information is provided on an "as-is" basis and Leva disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Leva shall in no event be liable to you or to anyone for any decision made or action taken by any party (including, without limitation, any Service user) in reliance on information about Practitioners on the Service. The use of the Service by any entity or individual to verify the credentials of Practitioners is prohibited.
INTELLECTUAL PROPERTY RIGHTS
Except as otherwise expressly stated, all Content appearing on the Service is the copyrighted work of Leva or its third-party content providers and is protected by U.S. and international copyright laws. The compilation (meaning the selection, coordination, and arrangement) of the Service is also the exclusive property of Leva and is protected by U.S. and international copyright laws.
Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Service, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Leva or any applicable third-party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Leva. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Leva does not warrant or represent that your use of Content or any other materials displayed on the Service will not infringe the rights of third parties. Your use of any of the Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization, or any other rights of the persons, products or landscape portrayed in the provided Content. Leva is not responsible for any claims of ownership rights to any images or data against you. To the fullest extent permitted by law, you will indemnify, defend and hold harmless Leva from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation of these Terms of Use.
Certain trademarks on the Service are the service marks and trademarks of Leva or its licensees. The domain name for the Service, the Leva logo, and elements of the design of the Site are service marks, trademarks, logos, and/or trade dress of Leva. All other trademarks, service marks, trade dress, product names, company names, or logos, whether registered or not, on the Service are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Service without the prior written authorization of Leva.
Permission for all other uses of Content, service marks, trademarks, logos, trade dress, or other intellectual property contained herein, including reproducing and distributing multiple copies or using Content, service marks, trademarks, logos, trade dress, or other intellectual property on any other website or networked computer or linking to any page at the Service, must be obtained from Leva or the owner of the appropriate rights in advance; otherwise, such use is prohibited. Requests for such authorization from Leva should be submitted via an email to [email protected]. All design rights, databases, and compilation, and other intellectual property rights associated with the Service, in each case whether registered or unregistered and related goodwill, are proprietary to Leva.
OUR RIGHT TO USE USER-PROVIDED CONTENT
We may, in our sole discretion, permit you to post or submit content and other materials through the Service (collectively, “User-Provided Content”). You grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User-Provided Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for the purpose of providing the Service to you. Also, you grant us, and anyone authorized by us, the right to identify you as the author of any User-Provided Content submitted by you. You will not receive any compensation of any kind for the use of any User-Provided Content submitted by you.
You acknowledge that we only act as a passive conduit for the distribution of the User-Provided Content and are not responsible or liable to you or to any third party for the content or accuracy of the User-Provided Content. You understand that we have no obligation to monitor any areas of the Service through which users can post User-Provided Content. However, we reserve the right at all times, in our sole discretion, to screen User-Provided Content and to edit, move, delete, and/or refuse to accept any User-Provided Content that in our judgment violates this Agreement or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
Any use by you of the User-Provided Content is entirely at your own risk. You represent and warrant that any User-Provided Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or publicity rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the right to grant the license described above.
In the event of a conflict between the provisions of this Section and any other term in these Terms of Use, the provisions of this Section will control.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
Leva respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and Leva asks our users to do the same. Leva therefore employs measures to prevent copyright and other intellectual property infringement on the Service. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to the following Designated Agent:
Email: [email protected]
Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Service are covered by the notice, a representative list of such works;
Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Leva to locate the material;
Information reasonably sufficient to permit Leva to contact you, such as your name, address, telephone number, and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.
Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above.
We reserve the right to promptly terminate without notice the accounts of users that are determined by us to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice or has had User-Provided Content removed from the Service more than twice.
PROHIBITED USE
Any use or attempted use of the Service (i) for any unlawful, unauthorized, fraudulent, or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by Leva to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by Leva, (vii) to reverse engineer, disassemble or decompile any section or technology on the Service, or (viii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Service, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Leva representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Service’s communication features in a manner that adversely affects the availability of its resources to other users; (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy any content or information on the Service; or (p) assist or permit any person in engaging in any of these activities.
Leva reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user's access and/or account. Leva may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Except as may be expressly limited by the Privacy Policy, Leva reserves the right at all times to disclose any information as Leva deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Leva’s sole discretion.
RIGHT TO MONITOR
Leva shall have the right, but not the obligation, to monitor use of the Service and to remove from the Service any materials that Leva, in its sole discretion, believes (i) are inappropriate, (ii) are illegal, (iii) may subject Leva to liability or violate these Terms of Use, or (iv) otherwise inconsistent with Leva’s purpose for the Site.
NO LEVA EDITORIAL CONTROL OF THIRD-PARTY CONTENT; NO STATEMENT AS TO ACCURACY
To the extent that any of the Content included in the Service is provided by third-party content providers, Practitioners, or other Service users, Leva has no editorial control or responsibility for such Content. Therefore, any opinions, statements, products, services, or other information expressed or made available by professionals, third-party suppliers, or users on the Service are those of such professional, third-party suppliers or users, respectively. Leva does not represent or endorse the accuracy or reliability of any opinion, statement, or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Service or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Leva.
LINKS TO THIRD-PARTY SITES
As you view the Service, you may see links to third-party websites. These links are for convenience only. If you use these links, you will leave the Service. Certain of these linked websites may make use of Leva’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Leva. Leva is not responsible for the availability or content, products, services, or other materials of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by Leva of the organizations sponsoring such third-party websites or their products or services. Leva shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services, or other materials available on or through any such website. Leva is not responsible for the privacy practices of any other websites.
THIRD-PARTY INTERACTIONS
Your interactions with entities or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense, and judgment in, using the Service and disclosing personal information.
You agree that Leva shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Service, or between users and any third party, you understand and agree that Leva is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Leva, its officers, employees, agents, and successors in interest from claims, demand, and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein.
PAYMENTS THAT YOU MAY MAKE VIA THE SERVICE
To the extent that you purchase specific services or products via the Service, including without limitation payments to Practitioners, then, processing services for such payments on the Service are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Service enabling payment processing services through Stripe, you agree to provide the Service accurate and complete information about you and your business, and you authorize the Service to share it and transaction information related to your use of the payment processing services provided by Stripe.
TERMINATION
Leva may terminate your use of the Service or any of our features or services at any time and for any reason without notice for conduct violating these Terms of Use. Upon any such termination, you must destroy all Content obtained from the Service and all copies thereof. The provisions of these Terms of Use concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination. You agree that if your use of the Service is terminated pursuant to these Terms of Use, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will, to the fullest extent permitted by law, indemnify and hold Leva harmless from any and all liability that Leva may incur therefore.
ARBITRATION NOTICE
Except for certain kinds of disputes as described below, you agree that disputes arising under these Terms of Use will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS OF USE, YOU AND LEVA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See the section titled "Dispute Resolution and Arbitration").
MODIFICATIONS
This Service is continually under development, and Leva reserves the right to revise or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you (however, Leva will endeavor to provide you with prior notice of any material changes). Any changes to these Terms of Use are effective upon posting to the Service. Unless otherwise indicated, any new Content added to the Service is also subject to these Terms of Use upon posting to the Service. If you disagree with these Terms of Use, your sole remedy is to discontinue your use of the Service. Your continued use after a change has been posted constitutes your acceptance of the changes.
DISCLAIMERS
Content and other information contained on the Service is provided by Leva as a convenience. Users relying on Content or other information from the Service do so at their own risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LEVA DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. LEVA MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THE SECTION TITLED “DISPUTE RESOLUTION AND ARBITRATION,” TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LEVA BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LEVA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, LEVA SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER LEVA NOR ANY THIRD PARTIES MENTIONED ON THE SERVICE ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICE.
INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Leva, its affiliates, contractors, and its directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service in a manner not authorized by these Terms of Use, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use.
NOTICES AND ELECTRONIC COMMUNICATIONS
Any notices to you from Leva regarding the Service or these Terms of Use will be made by email or regular mail.
When you visit the Service or send emails to us, you are communicating with us electronically. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Service (collectively, "Communications") through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration or account updates, (3) push notifications on your mobile device, or (4) by posting the Communications on the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by deactivating your Account. You can opt-out of future Communications by emailing us at [email protected].
ENTIRE AGREEMENT; GOVERNING LAW; VENUE; SEVERABILITY OF PROVISIONS
These Terms of Use and other policies Leva may post on the Service or that you and Leva may execute constitute the entire agreement between Leva and you in connection with your use of the Service and supersedes any prior agreements between Leva and you regarding use of the Service, including prior versions of these Terms of Use.
This Service is controlled and operated by Leva from our home offices within the United States of America. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.
By choosing to visit the Service, you agree that any dispute over your use of the Service or these Terms of Use will be governed by the laws of the United States of America, without regard to any conflicts of law provisions. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.
All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
DISPUTE RESOLUTION AND ARBITRATION
GENERALLY
In the interest of resolving disputes between you and Leva in the most expedient and cost-effective manner, and except as described in sub-section of this section titled “Exception,” you and Leva agree that every dispute arising in connection with these Terms of Use will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms of Use, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Use. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND LEVA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
EXCEPTIONS
Despite the provisions of the subsection of this section titled “Generally,” nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
ARBITRATOR
Any arbitration between you and Leva will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Use. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Leva. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
NOTICE OF ARBITRATION; PROCESS
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by electronic mail (“Notice of Arbitration”). Leva’s address for Notice is: [email protected]. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Leva may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Leva must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Leva in settlement of the dispute prior to the award, Leva will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii)$10,000.
FEES
If you commence arbitration in accordance with these Terms of Use, Leva will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Leva for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
NO CLASS ACTIONS
YOU AND LEVA 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 CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Leva 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 class proceeding.
MODIFICATIONS TO THIS ARBITRATION PROVISION
If Leva makes any future change to this arbitration provision, other than a change to Leva’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Leva’s address for Notice of Arbitration, in which case your account with Leva will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
ENFORCEABILITY
If the Section titled “No Class Actions” is found to be unenforceable or if the entirety of this Section titled “Dispute Resolution and Arbitration” is found to be unenforceable, then the entirety of this Dispute Resolution and Arbitration Section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the section titled “Governing Law; Venue; Severability of Provisions” will govern any action arising out of or related to these Terms of Use.
NO AGENCY RELATIONSHIP
Neither these Terms of Use, nor any Content, materials, or features of the Service create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
ASSIGNMENT
You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. Leva may, in its discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of the business of Leva is transferred to another entity by way of merger, sale of its assets, or otherwise.
Physical Item returns are not accepted or refunded.
CONTACTING US
If you have any questions or concerns about these Terms of Use, please contact us at [email protected] or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.
These Terms of Use were last updated on April 21, 2021.