Signed in as:
filler@godaddy.com
Signed in as:
filler@godaddy.com
DISPUTES
To the extent permitted by applicable law, you must give Notice of any dispute or Claim against LC at least 90 days before pursuing or filing any other remedy in law or equity. “Notice” by you, for purposes of this Agreement, means a writing delivered to LC by certified mail, including the claimant’s name, address, daytime telephone number, email address, and a reasonably complete statement of the nature of and grounds for the Claim. Such complete and timely notice is a condition precedent to your right to pursue any remedy or Claim against LC. Any Notices to you shall be provided to you through the LC Site or given to you via the email address or by regular mail to the physical address you provide to LC during the registration process.
RESPECTIVE RIGHTS TO RESOLUTIONOF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after this Agreement terminates or your relationship with LC ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and LC, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND LC. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the LC Site, LC Products, an Event, any other goods or services made available through the LC Site, a Purchase, your relationship with LC, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by LC, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by LC and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND LC ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
Arbitrations shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be St. Paul, Minnesota, USA. The arbitration shall be governed by the laws of the State of Minnesota. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
YOU UNDERSTAND AND AGREE THAT YOU AND LC MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND LC BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST LC, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO INSTANCE SHALL LC, ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, CONTRIBUTORS OR CONTRACTORS BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, DAMAGE FOR EXPOSURE OF PERSONAL OR IDENTIFYING INFORMATION, LOSS OF BUSINESS, COST OF COVER WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF LC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY INSTANCE, LC’S, ITS EMPLOYEES’, AGENTS’, ATTORNEYS’, CONSULTANTS’, CONTRIBUTORS’ OR CONTRACTORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM SHALL BE STRICTLY LIMITED TO $100.00. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You acknowledge that LC has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.
OTHER TERMS
These Terms, and this Agreement, incorporates and includes the LC Privacy Policy, located below and/or at https://www.level.coach/disputes&liability. Your agreement to these Terms incorporates your agreement and consent to that Privacy Policy.
We agree and deem that all performance by LC under this Agreement occurs in the United States. If you are not located in the United States, or transfer your data through another country, you are not permitted to use the LC Site.
This Agreement shall be governed by the laws of the State of Minnesota without regard to choice of law principles. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that instance, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. LC may assign this Agreement, in whole or in part, in its discretion. Visitor shall not assign any of its rights, obligations or benefits under this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and LC with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
Privacy Policy
Version date: JULY 9, 2021
Ops23, LLC (DBA Level Coach) ("us", "we", “LC” or "our") operates the LC website at https://level.coach/ and the LC App (collectively, the “LC Site”).
This Privacy Policy informs you of our policies regarding the collection, use and disclosure of personal data when you use the LC Site and the choices you have associated with that data. This Privacy Policy is also part of, and incorporated in, your agreement to the Terms and Conditions of the LC Site, and may be similarly revised by LC.
We use your data to provide and improve the LC Site, and for LC’s own marketing, business and promotional purposes. By using the LC Site, you agree to the collection and use of information in accordance with this Policy. Unless only defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://www.level.coach/disputes&liability.
Definitions
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession). This includes personally identifiable information that can be used to contact or identify you.
Usage Data is data collected automatically either generated by the use of the LC Site or from the infrastructure and operation of the LC Site itself (for example, the duration of a page visit).
Cookies are small files stored on your device (computer or mobile device).
Information Collection and Use
We limit the amount of information we gather and store about Visitors, but we do collect several different types of information for various purposes to provide and improve the LC Site to you. We may also use that information for LC’s marketing and promotional purposes, to deliver advertising, marketing and promotional information to you about LC or third-parties, and from time to time. We will not, however, transfer your information to or share your information with a third party for that third party’s marketing or promotional purposes.
Types of Data Collected
While using the LC Site, we may ask you to provide us with certain Personal Data which may include, but is not limited to:
Among other uses, LC may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by contacting us.
We may also monitor and collect information on how the LC Site is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of the LC Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, search terms entered and other diagnostic data.
This information may be stored with your registration information. It’s unique-number identifiable and is used, among other things, to enable us to provide you with a personalized experience on our website.
These data may also be used by Ops23, LLC (DBA Level Coach), in the aggregate, to identify appropriate product offerings and subscription plans. Aggregated (not personally identifiable) forms of the data may also be used to help us target areas for future research and to identify new features and functions to develop for our website.
We may use and store information about your location ("Location Data"). We use this data to provide features of the LC Site, to improve and customize the LC Site.
You can enable or disable location services when you use the LC Site at any time by way of your device settings.
We use cookies and similar tracking technologies to track the activity on the LC Site and we hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze the LC Site.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions or features of the LC Site.
We may also use web beacons, clear gifs, or other similar technologies (collectively “pixel tags”). A pixel tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible and may be associated with cookies on the visitors’ storage drives. We may use pixel tags to track your use of the Site for advertising, marketing, or promotional purposes, and to determine whether you opened an email message from us. This information also enables us to customize the services we offer.
Examples of Cookies we use include:
Use of Data
LC and the LC Site use the collected data for various purposes:
Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there. Therefore, if you are not located in the United States, or transfer your data through another country, you are not permitted to use the LC Site.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
LEVEL COACH will take steps that are both reasonably necessary and commercially reasonable (consistent with the nature of the LC Site) to: treat your data securely and in accordance with this Privacy Policy.
You are responsible for the use of your User account and LC expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the LC Site (including any Profile information you provide), send to other Users, or share during Events, and to use such information to harass or harm you. We are not responsible for the use of any Personal Data that you disclose to other Visitors or users on the LC Site or at Events. Please carefully select the type of information that you post on the LC Site or offer through or related to events, or otherwise release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Visitors or users (including unauthorized users, or “hackers”).
Disclosure of Data
In the Ordinary Course
LC may disclose your Personal Data, in whole or in part, to our personnel in the ordinary course of the operation of the LC Site, and to facilitate the potential participation of you and other Visitors. LC may also use aggregated data about you and Visitors, without restriction.
Business Transaction
If the LC is involved in a merger, acquisition or asset sale, your Personal Data may be transferred as a result, and may also become subject to a different Privacy Policy. We may notify you of such an instance on this site.
Disclosure for Law Enforcement
Under certain circumstances, the LC may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Legal Requirements
LC may disclose your Personal Data in the good faith belief that such action is necessary to:
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Service Providers
We may use or retain third party companies and individuals ("Service Providers") to facilitate the LC Site, provide the LC Site on our behalf, perform related services or assist us in analyzing how the LC Site is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and have agreed not to disclose or use it for any other purpose; however, LC does not control or supervise them and LC accepts no responsibility for how they may use or handle your Personal Data.
Behavioral Remarketing
The LC may use remarketing services to advertise on third party websites after you visited the LC Site. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to the LC Site.
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
Links to Other Sites
The LC Site may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
Children's Privacy
Our Service does not address anyone under the age of 18 ("Children"). By using the LC Site, you represent and warrant that you are 18 years old or older.
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us at ashley.stiles@tphmn.com. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We may, but are not required to, also let you know of changes to this Privacy Policy via email and/or a prominent notice on the LC Website, prior to the change becoming effective and update the "version date" at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, please contact us: