Terms & Conditions
Last Updated: May 12, 2021
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 13.
• Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services ("Registered Users").
• This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against LevelUpRobtots.com to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Section 13 "Agreement to Arbitrate") no later than 30 days after the date you first use the LevelUpRobtots.com Site or Services. Unless you opt out: (1) you will only be permitted to pursue claims against LevelUpRobtots.com on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis
• These Terms are subject to change by LevelUpRobtots.com at any time, subject to the following notification process. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check www.LevelUpRobtots.com/terms for updates. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.
For purposes of these Terms, and except to the extent expressly excluded below, the "Site" shall mean www.LevelUpRobtots.com and any other websites, web pages, mobile applications and mobile websites operated by RoboDojo, LLC. ("LevelUpRobtots.com" or "we") in the United States, and the "Services" shall mean any of the various services that LevelUpRobtots.com provides through the Site or any other channels, including without limitation, over the telephone.
1. Description of Services; Limitations; User Responsibilities
2. Eligibility to Use the Site and Services
3. Rules For User Conduct and Use of Services
4. Background and Verification Checks
7. Links to External Sites
8. Payment and Refund Policy
9. Release of Liability for Conduct and Disputes
10. Age Restrictions
11. Disclaimers; Limitations; Waivers; and Indemnification
12. Copyright Notices/Complaints
13. Agreement to Arbitrate
14. Governing Law and Jurisdiction
15. Consent to Electronic Communication
18. Contact Information
1. Description of Services; Limitations; User Responsibilities
1.1 About Our Services
LevelUpRobtots.com offers various Services to help its users learn about Science, Technology, Engineering and Math (STEM). The Services we offer include, among others:
* Information about RoboDojo, a training center for learning about STEM through robotics, and for joining robotics competition teams.
* The ability to sign up for membership at RoboDojo, which provides training services among other services.
* We offer through Stripe, Inc., ("Stripe"), a third party, a service that facilitates the payment for membership by credit card or debit card. These payment processing services 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, website users that use the payment service also 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 LevelUpRobtots.com enabling payment processing services through Stripe, you agree to provide LevelUpRobtots.com accurate and complete information about you, and you authorize LevelUpRobtots.com to share it and transaction information related to your use of the payment processing services provided by Stripe. LevelUpRobtots.com assumes no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable.
Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
1.2. Limitations of our Services
We offer Services to help our users understand the services provided by RoboDojo, and sign up for them. Other Services, except where specifically provided in these Terms, in any applicable Additional Terms, or on the Site itself, are not provided.
Please carefully review the Release of Liability Form Third-Party Content and Conduct that appears in Section 9 below for important limitations on LevelUpRobtots.com's liability to which you are agreeing by using the Site and Services.
1.3. User Responsibilities
Registered Users are solely responsible for providing complete and correct information and not sharing information on other users with anyone else.
2. Eligibility to Use the Site and Services
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:
o You intend to use the Site and Services solely for the purpose it’s intended, finding information about RoboDojo, or for signing up for RoboDojo services.
o Our Services are available only to individuals who are thirteen (13) years of age or older. If you do not meet this age requirement, do not register to use the Site or Services.
o The Site and the Services are currently available only to individuals who reside legally in the United States or the territory of Puerto Rico. If you reside outside the United States or Puerto Rico, visit our Site homepage for a listing of other countries where our subsidiaries or affiliates offer similar services.
o Neither you nor any member of your household may have ever been:
i. the subject of a conviction, arrest, charge, complaint, restraining order or any other legal action involving:
* any felony;
* any other criminal offense involving violence, physical, sexual, or emotional abuse or neglect, or theft, drugs, or
* any offense, violation, or unlawful act that involves endangering the safety of others, fraud, dishonesty, or reckless or negligent conduct.
ii. registered, or currently required to register, as a sex offender with any government entity.
o You must not be a competitor of RoboDojo or using our Services for reasons that are in competition with RoboDojo.
3. Rules for User Conduct and Use of Services
3.1. Registration, Posting, and Content Restrictions
The following rules pertain to "Content", defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, whether to LevelUpRobtots.com or to other Registered Users or Site Visitors, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, "post"):
* Any Content that you post, upload or transmit to or through the Site or Services is solely for the purpose of participating in RoboDojo services.
* You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
* You will register your account in your own legal name, even if you are signing up another individual or family member.
* Unless otherwise permitted by LevelUpRobtots.com, all Content you post will be in English as the Site and Services generally are not supported in any other languages.
* You are solely responsible for any Content that you post on the Site or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from LevelUpRobtots.com where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to LevelUpRobtots.com or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
* You understand and agree that LevelUpRobtots.com may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of LevelUpRobtots.com violates these Terms or which LevelUpRobtots.com determines in its sole discretion might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
* You have the right, and hereby grant, to LevelUpRobtots.com, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by LevelUpRobtots.com will not infringe or violate the rights of any third party.
* Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
* We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of LevelUpRobtots.com and we may use all such communications, all without notice to, consent from, or compensation to you.
For any Content that is primarily user generated, we do not control or vet such Content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any Content provided by users on or off the Site, including any Content that may include misstatements or misrepresentations or that may be defamatory or disparaging. Users hereby represent, understand and agree to hold LevelUpRobtots.com harmless for any misstatements, misrepresentations, or other disparaging or defamatory statements made by or on behalf of them on this Site or in any other venue.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Site, but not directly by LevelUpRobtots.com, are those of their respective authors. Such authors are solely responsible for such content. LevelUpRobtots.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will LevelUpRobtots.com or its Affiliates be responsible for any loss or damage resulting from: (a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or (b) reviews or comments made about you on the Site by other users.
You agree that LevelUpRobtots.com has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
3.2. Exclusive Use
You may only use your account to learn information about RoboDojo, share information about your experience with RoboDojo, or sign up for services from RoboDojo. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
3.3. Prohibited Uses
By using the Site or Services of LevelUpRobtots.com, you agree that you will not under any circumstances:
* use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
* use the Site or Services for any fraudulent or unlawful purpose, for any purpose unrelated to care or caregiving, or for any other purpose not expressly intended by LevelUpRobtots.com;
* harass, abuse or harm another person or group, or attempt to do so;
* use another user's LevelUpRobtots.com account;
* provide false or inaccurate information when registering an account on LevelUpRobtots.com, using the Services or communicating with other Registered Users;
* attempt to re-register with LevelUpRobtots.com if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
* interfere or attempt to interfere with the proper functioning of LevelUpRobtots.com's Services;
* make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
* bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means);
* use the communication systems provided by or contacts made on LevelUpRobtots.com for any commercial solicitation purposes other than those expressly permitted by LevelUpRobtots.com;
* publish or link to malicious content intended to damage or disrupt another user's browser or computer.
In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the amount of messages a user may send in any 24-hour period to an amount which we deem appropriate in our sole discretion.
Should LevelUpRobtots.com find that you violated the terms of this Section or any terms stated herein, LevelUpRobtots.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that LevelUpRobtots.com may assess, and you will be obligated to pay, $10,000 per each day that you: (i) maintain any information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the Site, or (ii) otherwise mis-use or mis-appropriate Site Content, including but not limited to, use on a "mirrored", competitive, or third party site. This obligation shall be in addition to any other rights LevelUpRobtots.com may have under these Terms or applicable law. Further, in order to protect the integrity of the Site and the Services, LevelUpRobtots.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
4. Background and Verification Checks
4.1 LevelUpRobtots.com May Order and Use Background Screenings About You
By registering for and using the Site or Services, you hereby acknowledge and agree that LevelUpRobtots.com has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background screenings on you for the purpose of protecting the safety and integrity of our Site and its users. Subject to certain additional disclosures and authorizations, if applicable, LevelUpRobtots.com may order these screenings when you register with LevelUpRobtots.com and thereafter in connection with your continued use of our Services and/or interaction with our Site.
These Preliminary Membership Screens may also regulated by FCRA, and the background reports resulting from these services may be considered "consumer reports" under FCRA.
You understand and agree that LevelUpRobtots.com may review the information provided by the third-party consumer reporting agency and that LevelUpRobtots.com retains the right to terminate your LevelUpRobtots.com registration based on the information it receives from these checks, even if such information was subsequently changed or corrected. If LevelUpRobtots.com terminates your membership or access to the Site on the basis of information in a background report, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you access to a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that LevelUpRobtots.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting ag ency that issued it (and not LevelUpRobtots.com) within the time period specified in your notice. Notwithstanding this, you agree that LevelUpRobtots.com is under no obligation to reinstate any accounts it may have terminated even if the information that led to the termination is subsequently changed or corrected.
BY AGREEING TO THESE TERMS AND USING OUR SITE, AND, IF APPLICABLE TO YOU, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW LevelUpRobtots.com TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE LevelUpRobtots.com.
4.2. LevelUpRobtots.com May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties
By registering as a user of LevelUpRobtots.com, and, if applicable to you, subject to your additional authorization, you authorize LevelUpRobtots.com, and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, LevelUpRobtots.com reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties in Section 2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true ("Verification Checks"). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.
You agree that LevelUpRobtots.com may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for LevelUpRobtots.com.
You also hereby represent, understand and expressly agree that LevelUpRobtots.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes in accordance with applicable laws.
BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW LevelUpRobtots.com TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE LevelUpRobtots.com.
4.7 Important Limitations About Background Checks; Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks
SPECIAL NOTICE FOR MASSACHUSETTS AND NEW HAMPSHIRE: Criminal County Searches conducted in Massachusetts and New Hampshire as part of the Criminal Records Check and the Criminal+MVR Records Check (for individuals who are believed to have lived in one or both of these states during the seven years preceding the background check request) search only the Superior Court and a single District Court in the county seat or its equivalent for each county listed below. Criminal records (including misdemeanors and felonies) from other courts in these states will not be searched.
This is an illustrative, non-comprehensive, list of certain state and county limitations of the background checks offered through LevelUpRobtots.com; additional limitations may apply in certain jurisdictions, including on the federal level. For example, for many states only certain registered sex offender information is reported, and for many states, only a subset of felony convictions are reported (and not any misdemeanors, charges or arrest records).
In addition to legal and reporting system limitations of background checks, each check is performed with the authorization of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions.
If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold harmless LevelUpRobtots.com from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information.
You expressly acknowledge that LevelUpRobtots.com has no obligation to perform Background Checks, Internal Background Checks, or Verification Checks on any Registered Users. To the extent LevelUpRobtots.com performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.
LevelUpRobtots.com reserves the right, in its sole discretion, to immediately terminate your access to all or part of the LevelUpRobtots.com Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with LevelUpRobtots.com, with or without notice for any reason or no reason in its sole discretion, including without limitation if LevelUpRobtots.com should determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, have mis-used or mis-appropriated Site content, including but not limited to use on a "mirrored," competitive, or third-party site. Upon termination, LevelUpRobtots.com shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
You understand and agree that, following any termination of any individual's use of the Site or the Services, LevelUpRobtots.com has the right, but not the obligation, to send a notice of such termination to other Registered Users with whom we believe the individual has corresponded. Our decision to terminate an individual's registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual's character, general reputation, personal characteristics, or mode of living.
7 Links To External Sites
LevelUpRobtots.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold LevelUpRobtots.com harmless from any liability that may result from the use of links that may appear on the Site.
8 Payment And Refund Policy
In order to utilize some LevelUpRobtots.com Services or product offerings, the user of such Services or product offerings must pay LevelUpRobtots.com either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased.
8.1 Billing and Payment
If you sign up for a RoboDojo paid membership subscription, or for a Service or product that includes a recurring fee, you agree to pay RoboDojo all charges associated with the subscription, Service, or product you choose, as described on the Site at the time you submit your payment information. You also authorize RoboDojo, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen subscription, Service, or product. RoboDojo reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
To the extent you elect to purchase other Services or product offerings we may offer for a non-recurring fee, you authorize LevelUpRobtots.com to charge your chosen payment provider for the Services and/or products you purchase. You agree that if LevelUpRobtots.com already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services or products you purchase.
8.2 Automatic Subscription Renewal and Cancellation
ALL PAID MEMBERSHIP SUBSCRIPTIONS AND RECURRING FEE-BASED SERVICES OR PRODUCTS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER.
FOR PAID MEMBERSHIP SUBSCRIPTIONS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR CHOSEN TERM PERIOD FOR AN ADDITIONAL EQUIVALENT PERIOD AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE SITE WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU CHOOSE A SUBSCRIPTION TERM IN EXCESS OF ONE MONTH THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD, AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL THE END OF THE THEN-CURRENT SUBSCRIPTION TERM.
FOR OTHER SERVICES OR PRODUCTS WITH RECURRING FEES, YOU WILL BE CHARGED THE FEE ASSOCIATED WITH SUCH PRODUCT OR SERVICE AT THE INTERVAL SPECIFIED AT THE TIME OF PURCHASE, UNTIL YOU EXPRESSLY CANCEL THE SERVICE OR PRODUCT.
You may cancel your paid membership subscription at any time by providing written notification to RoboDojo. If you cancel a paid subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your paid subscription will not be renewed after your then-current term expires, but your payment method will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
8.3 Free Trial Offers
LevelUpRobtots.com may offer limited-time free trial subscriptions to certain users from time-to-time. Users who sign up for a LevelUpRobtots.com Service on a free trial basis may have limited access to the Service and/or features of the Site. If a user signs up for a free trial subscription, unless he or she cancels before the expiration of the free trial period, the user will be charged the price then in effect for a subscription to the Service, unless otherwise informed by LevelUpRobtots.com at the time of original subscription. If a user does not want to continue with the Service after the expiration of the free trial period, the user must downgrade or cancel their subscription, and request a refund of the subscription fee within thirty (30) days of being charged the subscription fee for the Service. Upon cancellation, the users credit card will be refunded for the amount of the most recent subscription charge so long as he or she has not used the subscription after the expiration of the free trial period.
8.4 Reward Points
As part of your membership or as a promotion, we may issue you reward points redeemable for products or services as described on the Site. Such points may only be redeemed via the Site, have no cash value, are not redeemable for cash (except to the extent specifically required by law), and are non-transferrable and non-refundable under any circumstances. Reward points have no fixed value, but may be redeemed for the lesser of (1) the cost of the goods or services for which they are redeemed; or (2) the maximum value of a point stated on the Site (which may change from time to time in the discretion of LevelUpRobtots.com). Reward points may only be redeemed in whole increments up to the total value reflected on the Site. No partial redemptions are permitted. More than one reward point may be applied per transaction. Any available reward points will automatically be applied to applicable purchases of goods or services via the Site until the purchase price is reduce to $0 or all points have been redeemed. Reward points issued in connection with a premium subscription or service will automatically be applied to such purchases before other available reward points. Reward points are valid for a limited time, as described on the Site and in any Additional Terms that may apply to the service through which the points are issued or redeemed, or for a maximum of one (1) year. Any unused reward points are forfeited immediately if you do not maintain the required membership status (as described on the Site), or if you or we close or terminate your account pursuant to Section 5 above.
8.5 Refund Policy
Except as set forth in these Terms or as described on the Site at the time you make a purchase, all payments for subscriptions, services or products made on or through the Site or Services are non-refundable, and there are no refunds or credits for unused or partially used subscriptions, services or products, even if you cancel your membership or a subscription, service, or product in the middle of a term.
9 Release of Liability for Conduct and Disputes
By using this Site or our Services, you hereby represent, understand, and expressly agree to release and hold LevelUpRobtots.com (and LevelUpRobtots.com's officers, directors, shareholders, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, ("Affiliates")) harmless from any claim or controversy that may arise out of:
o the actions or inactions of, or the relationship between, you and any other user(s) of the Site; and
o any information, instruction, advice or services created by any user, or other third party that appeared on, or was communicated through, the Site
LevelUpRobtots.com and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from the above.
10 Age Restrictions
LevelUpRobtots.com is intended for people 13 or over. LevelUpRobtots.com will not knowingly collect any information from individuals under 13. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.
11 Disclaimers; Limitations; Waivers; Indemnification
11.1. No Warranty
The information and materials contained on the Site, including text, graphics, information, links or other items are provided "as is," "as available." Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by LevelUpRobtots.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. LevelUpRobtots.com DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN LevelUpRobtots.com; (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LevelUpRobtots.com EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
THIS INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF THE CORPORATE CARE SEEKER, LevelUpRobtots.com OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL LevelUpRobtots.com OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
11.2. Assumption of Risk
While LevelUpRobtots.com takes certain steps to help promote the safety of our Site and Services, online platforms like ours comes with certain inherent risks. You agree to assume all risks when using the Site and the Services, including but not limited to injury, illness, death, and all other risks associated with any online or offline interactions with users of the Site or the Services. You also agree not to rely solely on steps LevelUpRobtots.com may take to vet or screen users and/or their Content, or otherwise to promote the safety of the Site and Services.
11.3. Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will LevelUpRobtots.com be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if RoboDojo, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL LevelUpRobtots.com'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID LevelUpRobtots.com FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.
No Liability for non-LevelUpRobtots.com Actions. IN NO EVENT WILL LevelUpRobtots.com BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. LevelUpRobtots.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
12 Copyright Notices/Complaints
It is LevelUpRobtots.com's policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act ("DMCA"). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting LevelUpRobtots.com's copyright agent (identified below) and providing the following information:
• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number and (if available) e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.
LevelUpRobtots.com's agent for copyright issues relating to this Site is as follows:
Attn: Legal Department
In an effort to protect the rights of copyright owners, LevelUpRobtots.com maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.
13 Agreement to Arbitrate
13.1 Agreement to Arbitrate
This Section 13 is referred to in these Terms as the "Arbitration Agreement". Unless you opt-out in accordance with the opt-out procedures set forth in Section 13.8 below, you agree that all claims relating to or arising out of these Terms or the breach thereof, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and LevelUpRobtots.com or a LevelUpRobtots.com Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
13.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND LevelUpRobtots.com AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND LevelUpRobtots.com EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AGAINST LevelUpRobtots.com AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER LevelUpRobtots.com USERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
13.3 Pre-Arbitration Dispute Resolution
LevelUpRobtots.com is always interested in resolving disputes amicably and efficiently. So, before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us at LevelUpRobtots.com, Attn: Legal Department, email@example.com
13.4 Arbitration Procedures
If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of JAMS that are in effect at the time the arbitration is initiated (collectively referred to as the "JAMS Rules"), as modified by this Arbitration Agreement, and excluding the JAMS Class Action Procedures. For information on JAMS, please visit its website, https://www.jamsadr.com/. Information about JAMS's Rules and fees for consumer disputes can be found at the JAMS consumer arbitration page, https://www.jamsadr.com/rules-comprehensive-arbitration/. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 11. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
To commence an arbitration against LevelUpRobtots.com, you must write a demand for arbitration that includes a description of the dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com. You should send three copies of the Demand, plus the appropriate filing fee, to JAMS at 500 North State College Blvd., Suite 600, Orange, CA 92868, and send one copy to LevelUpRobtots.com, Inc., Attn: Legal Department, 1501 S Mopac Expwy, Barton Skyway One, Suite 340, Austin, TX 78746. For more information, see the JAMS arbitration rules and forms, https://www.jamsadr.com/rules-download/. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
The arbitration shall be held in Douglas County, KS or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or LevelUpRobtots.com may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and LevelUpRobtots.com subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or LevelUpRobtots.com, unless the arbitrator requires otherwise.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different LevelUpRobtots.com users but is bound by rulings in prior arbitrations involving the same LevelUpRobtots.com user to the extent required by applicable law.
13.5 Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the JAMS Rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, LevelUpRobtots.com will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, LevelUpRobtots.com will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse LevelUpRobtots.com for all fees associated with the arbitration paid by LevelUpRobtots.com on your behalf that you otherwise would be obligated to pay under the JAMS rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
13.7 Opt-Out Procedure
You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section. For new LevelUpRobtots.com users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you use our Site or Services for the first time. If you are already a current LevelUpRobtots.com user and previously accepted the LevelUpRobtots.com Terms prior to the introduction of this Arbitration Agreement, the Opt-Out Notice must be postmarked no later than July 17, 2021. You must mail the Opt-Out Notice to LevelUpRobtots.com, Inc., Attn: Legal Department,349 N Eaton Dr., Lawrence, KS 66049. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the LevelUpRobtots.com account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, LevelUpRobtots.com will likewise not be bound by these arbitration provisions. All other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. LevelUpRobtots.com users who accepted a previous version of these Terms that included an arbitration agreement, and who did not timely opt out of that arbitration agreement, remain bound by the last arbitration agreement that they accepted. Upon receipt of a valid Opt-Out Notice, LevelUpRobtots.com will provide the opting out user with a copy of the arbitration agreement from the last version of the Terms that the user accepted, if any exists.
13.8 Future Changes to this Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, such change shall not be effective until at least 60 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against LevelUpRobtots.com prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against LevelUpRobtots.com prior to the effective date of removal.
14 Governing Law and Jurisdiction
These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Delaware, including Delaware's statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 13, the Arbitration Agreement.
Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and LevelUpRobtots.com must be resolved exclusively by a state or federal court located in the State of Delaware.
You and LevelUpRobtots.com agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes.
15 Consent to Electronic Communication
By using the Site or Services of LevelUpRobtots.com, you agree to allow LevelUpRobtots.com to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products (including, without limitation, reports or copies of Background Checks and Preliminary Membership Screens) from LevelUpRobtots.com via the LevelUpRobtots.com Site, mobile application, online messaging platform, or e-mail. You also agree to check your LevelUpRobtots.com account, alerts, and messages, and the e-mail account reflected on your LevelUpRobtots.com on a reasonably regular basis to stay apprised of important notices and information about your account.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. Each Affiliate (as defined in Section 1.2) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
If a court decides that any term or provision of these Terms other than Section 13.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. If a court decides that any of the provisions of Section 13.2 are invalid or unenforceable, then the entirety of Section 13 shall be null and void. The remainder of the Terms will continue to apply.
18 Contact Information
If you have any questions or need further information as to the Site or Services provided by LevelUpRobtots.com, or need to notify LevelUpRobtots.com as to any matters relating to the Site or Services please contact LevelUpRobtots.com at:
Attn: Legal Department