Terms and Conditions
Last updated date: October 19th, 2021
Read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.levelactive.co website or participating in its Mobile Program (collectively called the “Service”) operated by Level Active, LLC, a Delaware limited liability company. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
You agree to be bound by these Terms by accessing or using the Service. If you disagree with any part of the Terms, then you do not have permission to access the Service.
You may be asked to supply information relevant to your Purchase if you wish to purchase any product or service made available through the Service (“Purchase”). This may include, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By providing this information, you represent and warrant: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or any other reason. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
It happens very infrequently, but if we send you the wrong product, please let us know within 30 days of receiving your order and we’ll send you a replacement.
To request a refund or replacement
SMS/MMS Mobile Message Marketing Program Terms and Conditions
We offer a mobile messaging program (the “Mobile Program”), By opting in to or participating in any of our programs, including the Mobile Program, you accept and agree our Terms and Conditions.
User Opt In: The Mobile Program allows participants to receive SMS/MMS mobile messages by affirmatively opting into the Mobile Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Mobile Program, you agree that this Agreement applies to your participation in the Mobile Program. By participating in the Mobile Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, these Terms and Conditions will not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
Duty to Notify and Indemnification: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Mobile Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in our Services, including the Mobile Program.
Mobile Program Description: Without limiting the scope of the Mobile Program, users that opt into the Mobile Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events. Your election to not opt in to the Mobile Program will not prevent you from asking for and receiving any financial incentives provided through the Mobile Program.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You must be comply with age restrictions of the Terms and Conditions to participate in the Mobile Program and in all events, must be at least eighteen years of age to participate in the Mobile Program.
Subscriptions & Automatic Renewal
By purchasing a Monthly Subscription, you agree to both an initial and recurring Monthly Subscription for products at the then-current Monthly Subscription rate. You accept responsibility for all recurring charges until you cancel your subscription. You can cancel your subscription at any time after three shipments. In the event you cancel your subscription, you will not be refunded any amount, pro-rata or otherwise. However, you will not incur any additional charges. Discount codes and promotions are not applicable to subscription orders. Subscription orders are subject to processing times. Customers will be allowed to skip one shipment during the initial three month subscription period. After the three shipments have been delivered, the customer will have one additional skip for the duration of the subscription.
Automatic Monthly Renewal Terms: We will automatically process your payments, and will charge your credit card, for the then current Monthly Subscription rate, until you cancel your subscription. We explain how to cancel your subscription below.
If Level Active, LLC does not receive payment from your credit card provider, or your credit card is rejected or expires, you will pay all amounts due upon demand. Level Active, LLC may allow you to provide a second credit card in such an event. In the event you do so, you authorize us to charge your outstanding balance and other amounts due against any credit card you have on file with us.
In order to cancel your subscription, please email us at email@example.com 72 hours before next billing date.
Availability, Errors and Inaccuracies
We continually update our product and service offerings on the Service. Delays in updating information on the Service and in our advertising on other web sites may occur. Thus, information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service. We cannot guarantee the accuracy or completeness of any information found on the Service.
Accordingly, we reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
You may create an account with us. By doing so, you represent and warrant you are 18 years old or older and the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password. This includes limiting access to your internet connected devices and/or account. You agree to accept responsibility for all activities or actions occurring under your account and/or password, whether your password is with our Service or a third-party service. If you become aware of any breach of security or unauthorized use of your account, you must notify us immediately.
You cannot adopt and use a username that is the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You cannot adopt or use an offensive, vulgar, or obscene username.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We respect the intellectual property rights of others. Our policy is to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement.” You must include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims” Misrepresentation or bad-faith claims may result in your being held accountable for damages (including costs and attorneys’ fees).
DMCA Notice and Procedure for Copyright Infringement Claims
To submit a notification to the Digital Millennium Copyright Act (DMCA), provide our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com
The Service and its original content, features and functionality are and will remain the exclusive property of Level Active, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Level Active, LLC, and its licensors’, trademarks and trade dress may not be used in connection with any product or service without its prior written consent.
Links To Other Web Sites
The Service may contain links to third-party web sites or services neither owned nor controlled by Level Active, LLC. Level Active, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. Level Active, LLC does not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Level Active, LLC will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
Level Active, LLC strongly advises you to read the terms and conditions and privacy policies of any third-party web sites or services you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Level Active, LLC and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event will Level Active, LLC, its employees, its partners, agents, its suppliers, or its affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Level Active, LLC has been informed of the possibility of such damage, and even if a remedy set forth here is determined to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS”; and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, accuracy of content, fact, or opinion, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Level Active, LLC, its subsidiaries, its affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Disclaimer Concerning Opinions & FDA Evaluation
By using the Services, you understand and accept Level Active, LLC is not a doctor, medical professional, licensed nutritionist, or registered dietician. The Services are a reflection of its personal beliefs and opinions, based on research it has reviewed in the food and fitness industry.
By using the Services, you understand and accept statements within the Services have not been evaluated by the Food and Drug Administration. No products or information are intended to diagnose, treat, cure or prevent any disease.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Notice for California Users
Users of the Service from California are provided this consumer rights notice under Cal. Civ. Code § 1789.3: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at firstname.lastname@example.org.
These Terms will be governed and construed in accordance with the laws of Oregon, United States, without regard to its conflict of law provisions.
Level Active, LLC’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements Level Active, LLC might have had between us regarding the Service.
Dispute resolution, informal efforts, arbitration, and class actions
Level Active, LLC is always interested in the amicable and efficient resolution of any disputes. Accordingly, prior to seeking any relief from any outside source, you agree to contact it, as provided below, and provide it with no less than thirty-days to resolve the dispute. In the event its efforts are unsatisfactory to you, then you must first send it a written notice of dispute, by certified mail, to 7023 McEwan Rd Lake Oswego OR 97035. Your written notice of dispute must include a description of the nature and basis of your claim or dispute and set forth the specific relief you seek. If you and Level Active, LLC are unable to resolve the claim within sixty calendar days after Level Active, LLC receives the notice, you or Level Active, LLC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Level Active, LLC will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Level Active, LLC is entitled.
Class Actions Prohibited
You agree and understand that you may only bring a claim against Level Active, LLC on an individual basis. You are not able to bring a claim against Level Active, LLC as a plaintiff or class member in any purported class or representative action or proceeding. Unless Level Active, LLC agrees in writing, no arbitrator may consolidate or join more than one person’s claim. Unless Level Active, LLC agrees in writing, no arbitrator may preside over any form of a consolidated proceeding. Unless Level Active, LLC agrees in writing, no arbitrator can award relief (including monetary, injunctive, and declaratory relief) in excess of the amount and scope necessary to provide relieve necessitated by your individual claim, except that you may pursue a claim for, and an arbitrator may award, public injunctive relief to the extent necessary to sustain the enforceability of this provision.
Level Active, LLC reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material. If we make material changes to these Terms, we will give you notice of such changes by posting the revised policy on this Website, and where appropriate, by other means. By continuing to use this Website or the Service after these changes are posted, you agree to the revised policy.
If you have any questions about these Terms, please contact us:
By email: email@example.com