Content an Copyright, Trademark and Related Issues
The Content (as defined in Section 7 below) provided on these Site is protected by law, including, but not limited to, United States Copyright Law. Persons who choose to access any of our Site from locations outside the Unites States do so on their own initiative and are responsible for compliance with applicable local laws.
The trademarks, names, slogans, logos, characters and service marks (collectively “Trademarks”) displayed on our Site belong to us or have been licensed to us. Nothing contained on our Site should be construed as granting any license or right to use any Trademark displayed on our Site. Your use/misuse of the Trademarks displayed on our Site, except as provided in these Terms and Conditions, is strictly prohibited.
LEVEL FOODS will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.
Nutrition, Fitness and Well Being Information
The site provides Content and information and materials related to LEVEL FOODS products and other nutritional / dietary information as well as a variety of other services, such as promotional offers, community forums, blogs and success stories that you may find useful, motivational and interesting (collectively the “Services”). Much of the Content and Services provided on this Site relates to a healthy lifestyle and nutrient management as a key element of a healthy lifestyle and diet, but nothing contained on the site is intended to provide specific health care or medical advice. Should you have any health care-related questions, please call or see your physician or other health care provider. You should never disregard medical advice or delay in seeking it because of Content and Services You may see or access here. All Content and Services provided here or accessed through the Site is provided “AS IS” and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded. LEVEL FOODS makes no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the Content on the Site or accessed through the Site. LEVEL FOODS is not responsible for updating Content or Services contained here, or providing information which may be inconsistent with or critical of LEVEL FOODS products.
Certain Content presented on Site is intended to impart general nutrition, fitness and wellness information. The Content is not intended to be construed as or be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of anything on or associated with our site.
If you think you may have a medical emergency, call your doctor or 911 immediately. Neither We nor the site recommends or endorses any specific tests, physicians, products, procedures, opinions, course of treatment or therapy or other information on or associated with the site. You should always consult your own qualified health care professional concerning your particular circumstances and needs and not rely on our site or content. Using our site is solely at your own risk.
You agree to indemnify and hold LEVEL FOODS and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content, Contributions, Unsolicited Contributions, or anything else You submit, post, transmit, modify or otherwise make available through the Site, or by Your use of the Site, or Your violation of any rights of another.
No commercial reuse of content
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any material or Content of any kind You see, download or otherwise access on any of Ours Site.
Discount Program – Auto-Delivery Program
One of Our product offerings on the Site is an Auto-Delivery program, which provides a discount for a 8 week auto-renew commitment. The program price and free shipping is only available in Continental US. If you purchase this product You will be automatically charged and shipped your 8 week program once every 8 weeks unless you cancel 24 hours prior to processing.
You will be sent an e-mail reminder before your next scheduled order begins processing. You can change your delivery schedule and your food selections on any order. Please do so by 6:00pm EST the day before your order is scheduled to begin processing.
You can cancel Auto-Delivery at any time the day before your order is scheduled to be processed by calling 888-355-2220 or email firstname.lastname@example.org. The Select program is available to Continental U.S. residents only and cannot be shipped to PO Boxes, APO Boxes or military addresses.
See Customer Service at www.levelfoods.com/customercare for more details for online purchases from Our site.
Linking / Third Party Links on Our Site
In general, LEVEL FOODS does not object to links to our Site from third-party Web Site. However, you must abide by the following rules:
• Unless we have a written agreement with you, you may not use any of our Trademarks in or with your links, except that you may link to our Site using the plain text name of our Site.
• Do not present the link to our Site in any way that suggests LEVEL FOODS or our Site has any relationship or affiliation with your Web site or endorses, sponsors or recommends the information, products or services on your Web site, unless you have a specific written agreement with LEVEL FOODS to do so;
• Link only to the home page of our Site; and
• Do not, without LEVEL FOODS’s written permission,: (a) incorporate any content from our Site into your Web site (e.g., by in-lining or framing); or (b) use any of our Trademarks or any words or codes identifying our Site in any “metatag” or other information used by search engines or other information location tools to identify and select Web Site.
LEVEL FOODS will not tolerate links from any inappropriate, obscene, profane, defamatory, unlawful Web site, or any Web site that may adversely affect the name, reputation and goodwill of LEVEL FOODS and its products. LEVEL FOODS reserves the right to cancel permission to link at any time, for any reason.
LEVEL FOODS Proprietary Rights
You acknowledge and agree that Content contained in or information presented to You through the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Us or the applicable licensor, in writing, You agree not to modify, sell, distribute, transmit, broadcast, or create derivative works based on such Content, in whole or in part, for any commercial use or for any other purpose whatsoever.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LEVEL FOODS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEVEL FOODS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE; (B) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE LEVEL FOODS SITE; (C) ANY CONTENT, CONTRIBUTIONS, UNSOLICITED CONTRIBUTIONS OR POSTINGS OF ANY KIND WHATSOEVER, OR (D) ANY OTHER MATTER RELATING TO THE LEVEL FOODS SITE.
You agree that all of LEVEL FOODS’s trademarks, trade names, service marks and other LEVEL FOODS logos and brand features, and product and service names are trademarks and the property of LEVEL FOODS (the “LEVEL FOODS Marks”). Without LEVEL FOODS’s prior written permission, You agree not to display or use in any manner the LEVEL FOODS Marks.
Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement.
LEVEL FOODS respects the intellectual property of others, and we ask our users to do the same. LEVEL FOODS may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If You believe that Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide LEVEL FOODS the following information:
A. a description of the copyrighted work or other intellectual property that You claim has been infringed;
B. a description of where the material that You claim is infringing is located on the site;
C. Your address, telephone number, and email address;
D. 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;
E. a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
LEVEL FOODS’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email email@example.com
Questions or comments regarding this Site, including reports of non-functioning links, should be submitted using our “Contact Us” form or via U.S. mail to: LEVEL FOODS LLC, 4564 Whitehall Lane, Highlands Ranch, CO 80126
LEVEL FOODS MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME BY UPDATING THIS POSTING
Last updated – May 2012