Levr Technologies Inc. Terms of Service

This terms of service was last modified on 4 November 2022

LEVR TECHNOLOGIES INC. o/a LEVR (Collectively “Levr Technologies”, “Levr”, “we”, ”us”, “our”) a company incorporated under the laws of the Province of British Columbia, owns and operates the website located at levrfinance.com and levr.ai (the “website”), and any subdomains used in connection with or related to the same, and the LEVR application located at app.levrfinance.com and app.levr.ai (the “app”). these terms of service apply to all users of the website or the app, including users who upload or download any materials to or from the app, users who use services provided through the website or the app and users who simply view the content on or available through the website or the app.

This page explains the terms by which you may use our online services, web site, software, tools and documentation (including application programming interfaces (“APIs”), provided on or in connection with the service (collectively, the “Service”). We may from time to time provide you with a more detailed description of the Service through published software libraries, APIs and additional resources we make available to you on our website.

By accessing or using the Service, submitting information to us at at any email under the domains levrfinance.com, levr.ai, and any subdomains, or by clicking a button or checking a box marked “I Agree” (or its equivalent), you signify that you have read, understood, and agree to be bound by these Terms of Service (this “Agreement”) and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service. As further set forth below, the Privacy Policy is hereby incorporated by reference into this Agreement and by agreeing to this Agreement, you agree to the Privacy Policy. LEVR TECHNOLOGIES INC. reserves the right to modify this Agreement and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service (each a “User”). If you are entering this Agreement on behalf of your employer or other company, you hereby represent, warrant, and covenant that you have the ability and agency to bind such employer or company to this Agreement.

Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

1. Our service

The LEVR TECHNOLOGIES INC. Service brings transparency to the debt capital markets. LEVR TECHNOLOGIES INC. provides a lender offering recommendation engine (“the Levr Marketplace”) that provides options and accelerates access to debt for companies. LEVR only connects companies to capital providers, LEVR does NOT provide capital itself. LEVR does NOT manage or underwrite the risk associated with funding a loan. LEVR aims to use collected data to provide actionable insights and analysis to executives which may be used to run businesses internally and/or manage external stakeholders.

1.1 Eligibility

This is a contract between you and LEVR TECHNOLOGIES INC.. You must read and agree to these terms before using the LEVR TECHNOLOGIES INC. Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with LEVR TECHNOLOGIES INC., and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by LEVR TECHNOLOGIES INC..

1.2 Limited License

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service, including to integrate any APIs and portions of tools into websites and applications that you operate, in each case, solely as permitted by the features of the Service and for your internal business purposes. LEVR TECHNOLOGIES INC. reserves all rights not expressly granted herein in the Service and the LEVR TECHNOLOGIES INC. Content (as defined below). LEVR TECHNOLOGIES INC. may terminate this license at any time for any reason or no reason in its sole discretion.

You may not use the APIs for any purpose, function, or feature not described in the API documentation, support pages and other pages on our website (“Documentation”). We may update the API and Documentation from time to time, and may add or remove functionality, in each case in our sole discretion.

1.3 User Accounts

Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different Users. If you open a User Account on behalf of a company, organization, or other entity (“Entity”), then (i) “you” includes you and that Entity, and (ii) you represent and warrant that you are an authorized representative of the Entity with the authority to bind the Entity to this Agreement, and that you agree to this Agreement on the Entity’s behalf. By connecting to the Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols and are at least 15 characters long) with your User Account. You must notify LEVR TECHNOLOGIES INC. immediately of any breach of security or unauthorized use of your User Account. LEVR TECHNOLOGIES INC. will not be liable for any losses caused by any unauthorized use of your User Account.

You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing LEVR TECHNOLOGIES INC. your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

1.4 Changes to the Service

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

1.5 Disputes with Other Users

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. LEVR TECHNOLOGIES INC. shall have no liability for your interactions with other Users, or for any User’s action or inaction.

1.6 Service Location

The Service is controlled and operated from facilities in the United States and Canada. LEVR TECHNOLOGIES INC. makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States or Canada, or are a foreign person or entity blocked or denied by the United States or Canadian government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States or Canada.

2. User Content

Some areas of the Service may allow Users to submit, post, display, provide, or otherwise make available content such as pitch presentations, business and financial models and other technical or business content or information to LEVR TECHNOLOGIES INC. (any such materials a User submits, posts, displays, provides, or otherwise makes available to LEVR TECHNOLOGIES INC. on the Service is referred to as “User Content”) and/or to other Users by allowing messaging and sharing of information, such as your profile information. Where we have made settings available, we will honor your choices you make about who can see User Content.

As between you and LEVR TECHNOLOGIES INC., you retain all rights, title and interest in and to the user content, including any Intellectual Property rights therein, in the form submitted, posted, displayed, provided or otherwise made available on the service. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content in accordance with your settings and this Agreement. By selecting to share information, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and this Agreement. LEVR TECHNOLOGIES INC. has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you represent and warrant that you have all rights necessary to grant all rights and licenses in such User Content and you hereby do expressly grant to LEVR TECHNOLOGIES INC. and its subcontractors and service providers a worldwide, royalty-free, non-exclusive license to access, use, process, copy, distribute, perform, export and display your User Content (a) in order to provide the Service to you and (b) in accordance with our Privacy Policy. To the extent that reformatting User Content for display in the Service constitutes a modification or derivative work, the foregoing license also includes the right to make modifications and derivative works. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service, the settings you have selected and under this Agreement.

2.1 No Sensitive Data

You will not submit, or cause to be submitted, any Sensitive Data to the Service. You also acknowledge that we are not acting as your Business Associate or subcontractor (as such terms are defined and used in HIPAA). The Service is neither HIPAA nor PCI DSS compliant. Notwithstanding any other provision to the contrary, we have no liability under this Agreement for Sensitive Data. For purposes of this Agreement, “Sensitive Data” means any (i) categories of data enumerated in European Union Data Protection Regulation (EU) 2016/679 (GDPR), Article 9(1) or any successor legislation; (ii) patient, medical or other protected health information regulated by HIPAA; (iii) protected data by the PCI Security Standards Council’s Payment Card Industry Data Security Standard (“PCI-DSS”), (iv) any data similar to the foregoing that is protected under foreign or domestic laws or regulations, including any data which could give rise to notification obligations under data-breach notification laws.

2.2 Proper Use

Restrictions on User Content and Use of the Service. LEVR TECHNOLOGIES INC. reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of our users and the public. In using the Website, App and/or Service You shall not:

1. Copy any content unless expressly permitted to do so herein;
2. Upload, post, email, transmit or otherwise make available any material that:
   • Is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
   • You do not have a right to make available under any law or under a contractual relationship;
   • Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
   • Use communication features of the Service (or other functionality made available through the Service) to transmit unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
   • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or the App or that of any users or viewers of the Website or the App or that compromises a user’s privacy; or
   • Contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
3. Impersonate any person or entity or misrepresent their affiliation with a person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or the App or impersonate another person or organization;
5. Interfere with or disrupt the Website or the App or servers or networks connected to the Website or the App, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or the App or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
6. Intentionally or unintentionally violate any applicable local, provincial, national or international law or regulation;
7. License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or the App; or
8. Modify, translate, make derivative works of, disassemble, duplicate, adapt, hack, decompile, reverse compile, modify or reverse engineer any part of the App or any software provided as part of the Service or to falsely imply that another website is associated with the Service, dealcloser or any other dealcloser service, except to the extent the foregoing restrictions are expressly permitted by applicable law. You also agree not to access the Website or App in a manner that utilizes the resources of the Website or App more heavily than would be the case for an individual person using a conventional web browser on a computer or mobile device. If Your bandwidth usage exceeds reasonable levels, or significantly exceeds the average bandwidth usage of other dealcloser users, as determined solely by dealcloser, we reserve the right to immediately disable Your account and/or throttle Your usage until You can reduce Your bandwidth consumption. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on the Website.

We reserve the right to use automated systems that analyze content within the application to help detect infringement and abuse.

2.3 Representations and Warranties Regarding User Content

In connection with your User Content, you affirm, represent and warrant the following:

• You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
• You have obtained and are solely responsible for obtaining all consents as may be required by law to provide any User Content relating to third parties;
• Your User Content and LEVR TECHNOLOGIES INC.’ use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights;
• LEVR TECHNOLOGIES INC. may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and
• To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

LEVR TECHNOLOGIES INC. takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that LEVR TECHNOLOGIES INC. shall not be liable for any damages you allege to incur as a result of or relating to any User Content.

2.4 Aggregated Data

Notwithstanding anything set forth in this Agreement or any other agreement you enter into with LEVR TECHNOLOGIES INC. (including any nondisclosure agreement or other confidentiality obligations), LEVR TECHNOLOGIES INC. may, and you hereby irrevocably grant LEVR TECHNOLOGIES INC. a royalty-free, irrevocable, perpetual, and sublicensable right and license to retain, use, distribute, copy, analyze, and create derivative works from your User Content solely in aggregate, de-identified and/or other anonymized form for LEVR TECHNOLOGIES INC.’ lawful business purposes, including to improve and enhance the Service, including by improving, enhancing and/or training LEVR TECHNOLOGIES INC.’ artificial intelligence and machine learning capabilities and for other developmental, diagnostic and corrective purposes (such aggregated de-identified or anonymized information, “Aggregated Data”). The parties agree that LEVR TECHNOLOGIES INC. will own all right, title and interest in and to the Aggregated Data, and to the extent that title to such Aggregated Data may not, by operation of law, vest in LEVR TECHNOLOGIES INC., you (a) hereby assign, transfer and otherwise convey to LEVR TECHNOLOGIES INC., irrevocably and in perpetuity, throughout the universe, all right, title and interest in and to such Aggregated Data, including all intellectual property rights therein, and (b) irrevocably waives any and all claims that you may now or hereafter have in any jurisdiction to so called “moral rights” or rights of droit moral with respect to such Aggregated Data.

3. Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Content”), and all Intellectual Property Rights related thereto, are the exclusive property of LEVR TECHNOLOGIES INC. and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Content. Use of the Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place LEVR TECHNOLOGIES INC. under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, LEVR does not waive any rights to use similar or related ideas previously known to LEVR TECHNOLOGIES INC., or developed by its employees, or obtained from sources other than you.

4. No Professional Advice

If the Service provides professional information (including but not limited to, legal, or financial information), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

5. Privacy

We care about the privacy of our Users. You understand that by using the LEVR TECHNOLOGIES INC. website you consent to the collection, use and disclosure of your personally identifiable information and aggregate and/or anonymized data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.

6. Security

6.1 General

LEVR TECHNOLOGIES INC. uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we do not guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

6.2 Responsibility for User Content

LEVR TECHNOLOGIES INC. will not be responsible for any backup, recovery, or other steps required to ensure that User Content is recoverable in the case of data loss. You are solely responsible for backing up your User Content on a regular basis, and taking appropriate steps to safeguard and ensure the integrity of your User Content. In addition to the foregoing, if you are an Entity providing access to the Service to authorized Users, as between you and LEVR TECHNOLOGIES INC., You are solely responsible for any and all User Content you or your authorized Users provide and/or cause to be provided to the Service, and the consequences of providing, posting, or transmitting such User Content, including responsibility for compliance with breach notification laws. LEVR TECHNOLOGIES INC. will use commercially reasonable efforts to restore lost or corrupted User Content pursuant to this section. Such efforts shall constitute our sole liability and your sole and exclusive remedy in the event of any loss or corruption of User Content. There is no guarantee that lost or corrupted User Content shall be recovered.

7. DMCA Notice

It is LEVR TECHNOLOGIES INC.’ policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been used in a way that constitutes copyright infringement and is accessible via the Service, please notify LEVR TECHNOLOGIES INC. at [email protected]. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit LEVR TECHNOLOGIES INC. to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.

Please note that this procedure is exclusively for notifying LEVR TECHNOLOGIES INC. and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with LEVR TECHNOLOGIES INC.’ rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, LEVR TECHNOLOGIES INC. has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. LEVR may also at its sole discretion limit access to the Service and/or terminate the User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8. Third-Party Links and Information

The Service may contain links to third-party materials that are not owned or controlled by LEVR TECHNOLOGIES INC.. LEVR TECHNOLOGIES INC. does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and LEVR TECHNOLOGIES INC.’ Privacy Policy do not apply to your use of such sites. You expressly relieve LEVR TECHNOLOGIES INC. from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that LEVR TECHNOLOGIES INC. shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

9. Indemnity

You agree to defend, indemnify and hold harmless LEVR and its subsidiaries, agents, licensors, managers, and other affiliated companies, 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 attorney’s fees) arising from: (i) your use (or misuse) of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your gross negligence, bad faith or willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

10. No Warranty

The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from LEVR TECHNOLOGIES INC. or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, LEVR TECHNOLOGIES INC., its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

Further, LEVR TECHNOLOGIES INC. does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and LEVR will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall LEVR TECHNOLOGIES INC., its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will LEVR TECHNOLOGIES INC. be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.

To the maximum extent permitted by applicable law, LEVR TECHNOLOGIES INC. assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall LEVR TECHNOLOGIES INC., its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to LEVR hereunder or $100.00, whichever is greater.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if LEVR TECHNOLOGIES INC. has been advised of the possibility of such damage.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.

12. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

12.1 Governing Law

This Agreement shall be governed by the laws of the Province of British Columbia, Canada (unless this choice of law is not permitted under the laws of the jurisdiction in which you reside, in which case the laws of the jurisdiction in which you reside will govern this Agreement).

12.2 Arbitration

Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from LEVR TECHNOLOGIES INC.. For any dispute with LEVR TECHNOLOGIES INC., you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that LEVR has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. If you are using the Service for commercial purposes, each party will be responsible for paying any filing, administrative and arbitrator fees, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) you may be required to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing LEVR from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

12.3 Class Action/Jury Trial Waiver

With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You agree that, by entering into this Agreement, you and LEVR TECHNOLOGIES INC. are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

13. General

13.1 Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LEVR TECHNOLOGIES INC. without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

13.2 Notification Procedures and Changes to the Agreement

LEVR may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by LEVR TECHNOLOGIES INC. in our sole discretion. LEVR TECHNOLOGIES INC. reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. LEVR TECHNOLOGIES INC. is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. LEVR TECHNOLOGIES INC. may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.

13.3 Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with LEVR TECHNOLOGIES INC. in connection with the Service (including an NDA), shall constitute the entire agreement between you and LEVR TECHNOLOGIES INC. concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

13.4 No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and LEVR TECHNOLOGIES INC.’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

13.5 Contact

Please contact us at [email protected] with any questions regarding this Agreement.

This Terms of Service was last updated on 4 November 2022.