Level Up Terms of Service

Thank you for using NetSolutions’ Level Up Platform provided by Experience Care. By using Level Up, you agree to these Terms, which is a legal agreement. If you are using Level Up on behalf of an organization, you are agreeing as an authorized representative on behalf of that organization. Our Terms apply to your use of our Websites and Services.

1. Definitions

When we say, “we,” “our,” or “us,” we’re referring to Experience Care, LLC (“Experience Care”), an Austin based company, our employees, directors, officers, affiliates, and subsidiaries.

When we say “you” or “your,” we are referring to the person or entity that’s registered with us to use the Level Up Services.

When we say “Terms,” we mean our Terms of Service, which includes our Privacy Policy located at https://experience.care/privacy-policy/.

When we say “Websites,” we mean our websites located at https://levelup.experience.care/, including all subdomains and sites associated with those domains, and other websites that we operate now and in the future.

When we say “Services” or “Level Up” we mean our Websites, Application Programming Interfaces (APIs), applications, our content, and various third-party services that make up Level Up.

2. License granted by Level Up

As long as you comply with the Terms, Experience Care grants you a non-exclusive, non-transferable, royalty-free license to use the Services. These Services are intended for use for internal business purposes only, and only in the manner permitted by the Terms. You may not license, sublicense, sell, resell, transfer, or assign the Services to anyone without the express approval by Experience Care. 

3. Use Restrictions

To use the Services, you must (a) be at least eighteen (18) years of age; (b) complete the registration process; (c) provide current and accurate information; (d) agree to these Terms. In addition to these requirements you also agree to the following rule of use:

(a) You are responsible for all content you provide and your activities on Level Up; (b) You will use the Services in compliance with all applicable laws, rules, and regulations; (c) You may not use  the Services if you are barred by law in the United States, the country of your residency, or any country in which you use, or intend to use the Services.

You understand and agree that you will not use Services to solicit or perform any activity which infringes on our rights, your rights, or the rights of others. This includes but is not limited to sending, receiving, accessing, requesting, encouraging or posting any images, graphics, text, or any other media or materials that 

• Violates the right of or misrepresents any trademark, trade secret, copyright, or intellectual property.
• Violates, or encourages violation of any regulations or laws.
• Is falsified, fraudulent, misleading, or deceptive.
• Is obscene, vulgar, defamatory, or otherwise offensive.
• Are sexual in nature, including, but not limited it, pornography, child erotica, sexual depictions or sexually suggestive materials.
• Is discriminatory, or promotes racism, harassment, hatred, bigotry, sexism, classism, or any kind of discrimination against a group or individual.
• Is threatening or violent in nature, or promotes violence, aggressive, or threatening behavior.
• Provides access to or promotes harmful or illegal activities or substances.

You agree that you will use the Services only in the manner in which it is intended. 

You understand and agree that you will not

• Use, hack, tamper with, access, or attempt to access any non-public areas, materials, software, or systems of the Services.
• Use mirror, display, frame, or use any framing techniques to enclose the Services or any of it’s materials or elements including, but not limited to, logos, trademarks, proprietary information, trade secrets, text, images, graphics, layouts, designs, meta tags, metadata, hidden text, or forms without expressed written permission from the Services.
• Scan, test, or attempt to probe the Services for any vulnerabilities of any network, security, delivery system, authentication or any other area of Level Up.
• Tamper with, bypass, deactivate, decrypt, circumvent, damage, or reveal any technology used by the Services, a the Services user, or a Third Party to protect the Services, it’s users, and Third Parties.
• Attempt to access or search the Site, Services or the Services Content or download the Services Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by BirdEye or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
• Use the Services to send unauthorized or unsolicited spam, advertising, emails, junk mail, promotional materials, or any other form of solicitation.
• Use the Services to create a product or service that competes with Level Up or to create an intellectual property infringement claim against Level Up.
• Steal or forge any of our, or any user’s or third party’s email header or portion of header information or pose as another individual or organization in your messaging.
• Attempt to decompile, decipher, disassemble, or reverse engineer the Services or any of its systems.
• Attempt to inhibit or interfere with any host, network, or user’s access to the Services. This includes, but is not limited to, spamming, flooding, overloading, disconnecting, altering information, or sending viruses.
• Record, store, or collect personally identifiable information from the Services, its users, or Third Parties, without their expressed consent.
• Falsify your affiliation with any person or entity or allow any other individual or entity to do the same.
• Use the Services to upload, transmit, or otherwise distribute any objectionable content, as solely determined by us.

Level Up has the right to remove or disable access to the Services at any time at its sole discretion if it feels that any of these Terms have been violated.

You agree that Level Up has no obligation to review or edit any user access or content but has the right to do so. 

4. Intellectual Property

You own your personal Information. We do not represent any ownership or claim any intellectual property rights over your personal information that you provide or that is provided to us.

We own all intellectual property rights to the Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of Level Up, our Services, or our content on Level Up without our written permission.

You shall grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into Level Up or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.

5. Passwords and Accounts

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of your account(s). We’re not responsible for any losses due to stolen or hacked passwords.

By using the Services you may be required to provide Level Up employees with your username, password, contact information or other personally identifiable information, which will, for the purposes of these Terms, be known as “Confidential Information.” Level Up will only ask for Confidential Information when it is required and will treat this information with the utmost security and care. It is your responsibility to notify Level Up immediately if your Confidential Information is changed, hacked, stolen, used without your permission, or otherwise compromised. You are responsible for all activity on your account, even if you have not authorized it. You are also responsible for the security of your Confidential Information.

You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.

6. Amendments and Changes to Terms

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms, at any time. Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. Unless explicitly stated otherwise, any new features that augment or enhance the Services shall be subject to the Terms.

It is your responsibility to check the Terms periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes.

7. Changes to Services

We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

8. Cancellation and Termination

You are solely responsible for the proper cancellation of your account.

In the event of cancellation or termination, your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. We retain the right to retain or delete Data provided to us by you at our sole discretion.

We also reserve the right, but do not have any obligation, to refuse service to anyone and close your account(s) without notice for any or no reason at all.

9. Indemnification

You agree to defend, indemnify and hold Experience Care harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against our officers, directors, employees or agents by any third party due to or arising out of or in connection with your use of or access to the Services.

10. Representations and Warranties

To the maximum extent permitted by law, we provide Level Up on an “as is” and “as available” basis, which means we don’t provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) Level Up will meet your specific requirements, (ii) Level Up will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Level Up will be accurate or reliable, (iv) the quality of Level Up, information, or other material purchased or obtained by you through Experience Care will meet your expectations, and (v) any errors in the Services will be corrected.

11. Limitation of Liability

To the fullest extent permitted by law, you assume full responsibility for and we disclaim liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.

We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of the Services. Your sole remedy against us for dissatisfaction with the Services is to stop using the Services. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence, or any other cause of action.

12. Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of Level Up, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Travis County, Texas, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

No recovery may be sought or received for damages other than out-of-pocket expenses. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

13. Force Majeure

You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.

14. Severability

If one or more sections of the Terms are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms will still be valid and enforceable.

15. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

15. No Waiver

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

16. Third Party Services/Materials

Through your use of the Services you may be able to access or use third party services, resources, content or information, hereby known as “Third Party Materials”. By using the Services to view material on the Internet, you may instruct Experience Care to present portions of the data sources which are selected by you. You assume all risk arising from, and acknowledge sole responsibility for your access to or use of any such Third Party Materials. Experience Care disclaims any liability arising from your use of or access to such Third Party Materials. 

Third Party Materials are not owned, operated, or endorsed by Experience Care. By using the Services, you acknowledge and agree that Experience Care: (a) is not obligated to to remove Third Party Materials from being accessible through the Services; (b) is not responsible for the accuracy or availability of information or services provided by Third Party Materials; (c) is not liable to you, or any third party for harm, injuries or losses, monetary or otherwise which are suffered as a result of your access to, loss of access to, or use of such Third Party Materials; (d) may delete, remove, or revoke access to any Third Party Materials available through the Services. You are solely responsible for maintaining a record, independent of the Services of any Third Party Material that you wish to preserve.

17. Questions

If you have any questions or concerns about the Terms, please email us at csonline@experience.care.

18. Entire Agreement

These Terms and all documents incorporated into these Terms by reference constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).

19. Contact Us

You can contact us by email at csonline@experience.care  or by phone at (877) 290-3296