Terms of Use

Last Modified: March 13, 2024

These terms of use, together with any documents they expressly incorporate by reference (together, these “Terms”) form a binding agreement between Levlr, LLC, a Colorado limited liability company (the “Company”) and the person or entity accessing the website https://www.getlevlr.com/, including any content, functionality, and services offered on or through https://www.getlevlr.com/ (the “Website”), and the software database located thereupon (the “Software”) whether as a guest or a registered user (“User”). 

These Terms govern User’s access to and use of the Website and the Software. By using the Website or the Software, or by clicking to accept or agree to these Terms when this option is made available, User accepts and agrees to be bound and abide by these Terms, and Company’s Privacy Policy, found at https://www.getlevlr.com/privacy-policy, incorporated herein by reference (the “Privacy Policy”). All information the Company collects on this Website is subject to the Privacy Policy. By using the Website, User consents to all actions taken by the Company with respect to User’s information in compliance with the Privacy Policy. If User does not want to agree to these Terms or the Privacy Policy, User must not access or use the Website or the Software.

COMPANY PROVIDES THE SOFTWARE SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS AND ON THE CONDITION THAT USER ACCEPTS AND COMPLIES WITH THEM. BY CLICKING THE “ACCEPT” BUTTON ON THE WEBSITE, USER: (A) ACCEPTS THESE TERMS AND AGREES TO BE LEGALLY BOUND BY THEM; AND (B) REPRESENTS AND WARRANTS THAT: (I) USER IS OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT AND HAS THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO AND COMPLY WITH THESE TERMS; AND (II) IF USER IS A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, THE PERSON ACCESSING OR USING THE WEBSITE OR THE SOFTWARE ON ITS BEHALF HAS THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO AND COMPLY WITH THESE TERMS ON BEHALF OF USER AND BIND USER TO ITS TERMS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OR USER’S ACCEPTANCE OF THESE TERMS, NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION, OR OTHERWISE) UNDER THESE TERMS, AND THESE TERMS EXPRESSLY EXCLUDE ANY RIGHT CONCERNING ANY SOFTWARE THAT USER DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORIZED COPY OF THE SOFTWARE.

 Changes to the Terms of Use; Changes to Website and Software

Company may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately and apply to all access to and use of the Website and/or the Software thereafter. Notwithstanding the foregoing, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which User has actual notice on or before the date the change is posted on the Website. User’s continued use of the Website following the posting of revised Terms means that User accepts and agrees to the changes. User is expected to check this page frequently to remain apprised of any changes. 

The Company may update the content on this Website or the Software from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or the Software may be out of date at any given time, and the Company is under no obligation to update such material.

Accessing the Website and Software; Account Security

The Company reserves the right to withdraw or amend this Website or the Software, and any service or material Company provides on the Website or through the Software, in its sole discretion without notice. The Company will not be liable if for any reason all or any part of the Website or the Software is unavailable at any time or for any period. From time to time, the Company may restrict access to all or any portion of the Website or the Software to users, including registered users.

User is responsible for:

  • Making all arrangements necessary for User to have access to the Website and the Software.

  • Ensuring that all persons who access the Website through User’s internet connection are aware of these Terms and comply with them.

  • Ensuring that all information shared with the Company through the Website or the Software is provided in compliance with the terms and conditions applicable to such data.

To access the Website or some of the resources it offers, User may be asked to provide certain registration details or other information. It is a condition of User’s use of the Website that all the information User provides on the Website is correct, current, and complete, and that User has the right and authority to share such information with the Company. User agrees that all information User provides to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by the Privacy Policy, and User consents to all actions the Company may take with respect to User’s information consistent with the Privacy Policy.

If User chooses, or is provided with, a username, password, or any other piece of information as part of the Company’s security procedures, User must treat such information as confidential, and User must not disclose it to any other person or entity. User also acknowledges that User account is personal to User and agrees not to provide any other person with access to this Website, the Software, or portions of either using User’s username, password, or other security information. User agrees to notify the Company immediately of any unauthorized access to or use of User’s username or password or any other breach of security. User also agrees to ensure that User exits from User’s account at the end of each session. User should use particular caution when accessing User’s account from a public or shared computer so that others are not able to view or record User’s password or other personal information.

The Company has the right to disable any username, password, or other identifier, whether chosen by User or provided by the Company, at any time, in the Company’s sole discretion, for any or no reason, including, if, in the Company’s opinion, User has violated any provision of these Terms.

License of Software

Subject to and conditioned upon: (1) User’s payment of the fees, including all taxes thereon, paid or required to be paid by the Company for the use of the Software (the “License Fees”) and; (2) User’s strict compliance with all terms and conditions set forth in these Terms, the Company hereby grants to User a non-exclusive, non-transferable, non-sublicensable, limited license to use the Software, subject to all conditions and limitations set forth in these Terms. This license grants User the right to: (a) download, copy, and install one copy of the Software; (b) use and run the Software as properly installed in accordance with these Terms and the manuals and any other materials provided by the Company and any third-party provider used in connection with the Website or the Software, in printed, electronic, or other form, that describe the installation, operation, use, or technical specifications of the Software (the “Documentation”), solely as set forth in the Documentation solely for User’s internal business purposes.

Any copy of the Software made by the User:

  • will be the exclusive property of the Company;

  • will be subject to the terms and conditions of these Terms; and 

  • must include all trademark, copyright, patent, and other Intellectual Property Rights (as defined herein) notices contained in the original.

User may not:

  • Copy the Software or Documentation, in whole or in part;

  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software, or any features or functionality of the Software, to any third party for any reason, whether over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud, or other technology or service;

  • Use the Software or Documentation in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems;

  • Use the Software or Documentation in violation of any law, regulation, or rule;

  • Use the Software or Documentation for purposes of competitive analysis of the Software, the development of a competing software product or service, or any other purpose that is to the Company’s commercial disadvantage; or

  • Remove, disable, circumvent, or otherwise create or implement any workaround to, any copy protection or security features, or attempt to do the same.

User is responsible and liable for all uses of the Software and Documentation through access thereto provided by User, directly or indirectly. Specifically, and without limiting the generality of the foregoing, User is responsible and liable for: (a) any violation or infringement of a third-party’s rights to any proprietary information provided by User or caused by User’s misuse in connection with use of the Website or the Software; and (b) all actions and failures to take required actions with respect to the Software and Documentation by any person to whom User may provide access to or use of the Software and/or Documentation, in each case whether such action is permitted by or in violation of these Terms.

The Company may provide updates, upgrades, bug fixes, patches, and other error corrections (collectively, “Updates”) in its sole discretion, and the Company has no obligation to develop any Updates at all or for particular issues. All Updates will be deemed Software, and related documentation will be deemed Documentation, all subject to these Terms. 

THE SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND THE DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED SOFTWARE WILL MEET USER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, COMPLIANT, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Third Party Licenses

The Software includes software, content, data, or other materials, including related documentation, that are owned by third parties and that are provided to User on terms that are in addition to and/or different from those contained in these Terms (“Third-Party Licenses”). A list of all materials included in the Software and provided under Third-Party Licenses are available on an appendix to these Terms. User is bound by and shall comply with all Third-Party Licenses, including any obligations related to privacy or the protection of personally identifying information, which may be governed by a separate privacy policy of the provider of the Third-Party Licenses. Any breach by User of any Third-Party License is also a breach of these Terms.

Online Sales

User may purchase products or services, such as subscription or premium content, through the Website subject to the terms and conditions set forth in this Section (each, a “Purchase”). By placing an order for a Purchase, User affirms that: (1) User is at least 18 years of age or of sufficient legal age to form a binding contract with Company; (2) User is permitted to access or use the Website and complete the Purchase; and (3) User accepts and agrees to be bound by these Terms. User represents and warrants that Purchases shall be used for personal or household use only, and not for resale or export. 

All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a Purchase will be the price in effect at the time the order is placed and will be set out in User’s order confirmation email. Price increases will only apply to orders placed after such changes. If applicable all taxes and charges will be added to User’s merchandise total and will be itemized in User’s shopping cart and in User’s order confirmation email. Company strives to display accurate price information, however it may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Company reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Terms of payment are within Company’s sole discretion and a valid credit card must be received before Company’s acceptance of an order. User represents and warrants that: (1) User’s credit card information is true, correct, and complete; (2) User is duly authorized to use such credit card for the Purchase; (3) charges incurred by User will be honored by User’s credit card company; and (4) User will pay charges incurred by User at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted at the time of User’s order. In the event that Company must pursue legal action in order to collect on balances due, User agrees to reimburse Company for all expenses incurred to recover any and all sums due, including but not limited to all attorney’s fees and other expenses.

If the Purchase consists of a subscription or premium content with automatic renewal provisions, the terms of such automatic renewal will be on the terms and conditions as set forth in the confirmation email (the “Confirmation Email”). 

USER MAY HAVE ACCESS TO THE SITE, SOFTWARE, OR PORTIONS THEREOF ON A TRIAL BASIS. AT THE END OF SUCH TRIAL, USER MAY BE RESPONSIBLE FOR PAYING A FEE FOR SUBSCRIPTION BASED SERVICES. IF USER PURCHASES ANY SERVICES UNDER A SUBSCRIPTION BASED PLAN, THE PLAN WILL AUTOMATICALLY RENEW ON A MONTHLY OR YEARLY BASIS AS FURTHER EXPLAINED IN THE CONFIRMATION EMAIL. THE SUBSCRIPTION WILL CONTINUE UNTIL CANCELLED BY USER OR COMPANY AS PROVIDED UNDER THESE TERMS. 

BY MAKING A PURCHASE OF A SUBSCRIPTION, USER AGREES TO ENROLL IN AN AUTOMATIC RENEWAL CONTRACT. THE SUBSCRIPTION WILL RENEW AUTOMATICALLY UPON THE SAME TERMS AND CONDITIONS PROVIDED IN THE CONFIRMATION EMAIL UNLESS OTHERWISE EXPLAINED TO USER IN WRITING. USER MAY CANCEL THE SUBSCRIPTION BY CLICKING THE LINK CONTAINED IN THE CONFIRMATION EMAIL. THE PURCHASE WILL BE CANCELLED IMMEDIATELY UPON COMPANY’S CONFIRMATION THAT USER IS AUTHORIZED TO MAKE CHANGES TO USER’S ACCOUNT. THE CHARGES FOR ANY SUCH SUBSCRIPTION WILL BE CHARGED IN THE AMOUNTS AND INTERVALS AS SET FORTH IN THE CONFIRMATION EMAIL. 

Intellectual Property Rights

The Website, the Software, and their respective contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, privacy rights, and other intellectual property or proprietary rights laws (the “Intellectual Property Rights”).

The Software and Documentation are provided under license, and not sold, to User. User shall not acquire any ownership interest in the Software or Documentation, or any other rights thereto, other than to use the same in accordance with the license granted and subject to all terms, conditions, and restrictions under these Terms. The Company reserves and shall retain its entire right, title, and interest in and to the Software and all Intellectual Property Rights arising out of or relating to the Software. User shall safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. User shall promptly notify the Company if User becomes aware of any infringement of the Intellectual Property Rights in the Software or the Documentation and fully cooperate with the Company in any legal action taken by the Company to enforce its Intellectual Property Rights.

These Terms permit User to use the Website and/or the Software for User’s personal, non-commercial use only. User must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

  • User’s computer may temporarily store copies of such materials in RAM incidental to User’s accessing and viewing those materials.

  • User may store files that are automatically cached by User’s web browser for display enhancement purposes.

  • User may print one copy of a reasonable number of pages of the Website for User’s own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • If the Company provides desktop, mobile, or other applications for download, User may download a single copy to User’s computer or mobile device solely for User’s own personal, non-commercial use, provided User agrees to be bound by the Company’s end user license agreement for such applications.

  • If the Company provides social media features with certain content, User may take such actions as are enabled by such features.

User must not:

  • Modify copies of any materials from this site.

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If User wishes to make any use of material on the Website other than that set out in this section, please address User’s request to: JDiem@GetLevlr.com.

If User prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of the Website or the Software in breach of the Terms, User’s right to use the Website and the Software will immediately cease and User must, at the Company’s option, return or destroy any copies of the materials User has made. No right, title, or interest in or to the Website or any content on the Website is transferred to User, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the term Levlr, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. User must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website or used in connection with the Software are the trademarks of their respective owners.

Copyright Infringement

The Company takes claims of copyright infringement seriously. The Company will respond to notices of alleged copyright infringement that comply with applicable law. If User, or any other party (together, for the purposes of this Copyright Infringement section, “you”), believes any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to the Company’s copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.

  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.

  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

  • Adequate information by which the Company can contact you (including your name, postal address, telephone number, and, if available, email address).

  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information in the written notice is accurate.

  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

The Company’s designated copyright agent to receive DMCA Notices is:

  

Goodspeed Merrill

Attn: Copyright Manager

9605 South Kingston Court Suite 200

Englewood,  Colorado 80112

Phone: (720) 473-7644

Email: agent@goodspeedmerrill.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature.

  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled. 

  • Adequate information by which the Company can contact you (including your name, postal address, telephone number, and, if available, email address).

  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows the Company to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Prohibited Uses

User may use the Website and the Software only for lawful purposes and in accordance with these Terms. User agrees not to use the Website or the Software:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). 

  • In any way that infringes upon or violates another party’s Intellectual Property Rights.

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Software, or which, as determined by the Company, may harm the Company or users of the Website or the Software, or expose them to liability.

  • Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Website, the Software, the Documentation or any part thereof

  • Use (including making any copies of) the Software or Documentation beyond the scope of the license granted under License of Software.

  • Provide any other person with access to or use of the Software or Documentation.

  • Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof.

  • Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Software or Documentation, including any copy thereof.

Additionally, User agrees not to:

  • Use the Website or the Software in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or the Software, including their ability to engage in real time activities through the Website or the Software.

  • Use any robot, spider, or other automatic device, process, or means to access the Website or the Software for any purpose, including monitoring or copying any of the material on the Website or the Software.

  • Use any manual process to monitor or copy any of the material on the Website or the Software, or for any other purpose not expressly authorized in these Terms, without the Company’s prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Website or the Software.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or the Software, the server on which the Website or the Software is stored, or any server, computer, or database connected to the Website or the Software. 

  • Attack the Website or the Software via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website or the Software.

Reliance on Information Posted

The information presented on or through the Website or the Software is made available solely for general information purposes. The Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance User places on such information is strictly at User’s own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by User or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website, the Software, and the Documentation may include content provided by third parties. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. Where applicable, these materials do not necessarily reflect the opinion of the Company. The Company is not responsible, or liable to User or any third party, for the content or accuracy of any materials provided by any third parties.

Links

User may link to the Website, provided User does so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it, but User must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the Company’s part. 

If the Website contains links to other sites and resources provided by third parties, these links are provided for User’s convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Company has no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from User’s use of them. If User decides to access any of the third-party websites linked to this Website, including under any Third-Party Licenses, User does so entirely at User’s own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The Company is based in the State of Colorado in the United States. The Company provides this Website and the Software for use only by persons located in the United States. The Company makes no claims that the Website, the Software, or any of their content is accessible or appropriate outside of the United States. Access to the Website or the Software may not be legal by certain persons or in certain countries. If User accesses the Website or the Software from outside the United States, User does so on User’s own initiative and is responsible for compliance with local laws.

Disclaimer of Warranties

User understands that the Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. User is responsible for implementing sufficient procedures and checkpoints to satisfy User’s particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Company’s site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO USER’S USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO USER’S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation on Liability

IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE WEBSITE, THE SOFTWARE, OR ANY DOCUMENTATION; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; USE OR STORAGE OF PERSONAL OR PROPRIETARY INFORMATION PROVIDED BY USER IN VIOLATION OF A THIRD PARTY’S RIGHTS; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; BREACHES IN SYSTEM SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Indemnification

User agrees to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to User’s violation of these Terms or User’s use of the Website or the Software, including, but not limited to: (1) any use of the Website’s content, services, and products, including submission of any material to the Website and any obligations of privacy or confidentiality with respect to any such material; (2) User’s violation of any third party terms and conditions in connection with the Website, the Software, or the Third-Party Licenses; or (3) User’s use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City and County of Denver, although the Company retains the right to bring any suit, action, or proceeding against User for breach of these Terms in User’s country of residence or any other relevant country. User waives any and all objections to the exercise of jurisdiction over User by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, Company may require User to submit any disputes arising from these Terms or use of the Website, the Software, or the Documentation including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM USER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

These Terms and the Privacy Policy constitute the sole and entire agreement between User and the Company regarding the Website, the Software, and the Documentation, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the same. 

Comments and Concerns

The Website is owned and operated by Levlr, LLC, 9605 South Kingston Court, Suite 200, Englewood, Colorado 80112.

All feedback, comments, requests for technical support, and other communications relating to the Website or the Software should be directed to: JDiem@GetLevlr.com. 

APPENDIX

THIRD-PARTY LICENSES

https://github.com/tesseract-ocr/tesseract/blob/main/LICENSE