1. Welcome to Level Up Learning!
1 Introduction
Level Up Learning provides its services (described below) to you through its website located at www.Level Up Learninglearning.in (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms ofService”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITEAND SERVICES, PARTICULARLY SECTION 10 (BINDING ARBITRATION; CLASS ACTION WAIVER),WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
Modifications to Terms of Service
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service atany time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means. Any such changes will become effective no later than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any suchchanges become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.
Privacy
At Level Up Learning, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined there in.
Access and Use of the Service
Use Description
The Level Up Learning service, and any content viewed through our service, is solely for your personal and non-commercial use. With your Level Up Learning purchase, we grant you a limited, non-exclusive, non-transferable, license to access the Level Up Learning content and view your course(s) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
Your Registration Obligations
You may be required to register with Level Up Learning in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.
Member Account, Password and Security
Usage of any features of Level Up Learning by representing yourself with someone else’s username and password is violation of our terms of use. Proxy usage can have you barred from any further use of the website. You are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Level Up Learning of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Level Up Learning will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service
Level Up Learning reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Level Up Learning will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.
General Practices Regarding Use and Storage
You acknowledge that Level Up Learning may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Level Up Learning’s ever on your behalf. You agree that Level Up Learning has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Level Up Learning reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that Level Up Learning reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services
The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent, you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Level Up Learning and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Level Up Learning account information to ensure that your messages are not sent to the person that acquires your old number.
Conditions of Use
User Conduct You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. Level Up Learning reserves the right to investigate and take appropriate legal action against anyone who, in Level Up Learning' sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
● 1. Information you provide to us: We collect information you provide to us which includes :
o email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v)constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Level Up Learning, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Level Up Learning or its users to any harm or liability of any type;
o interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
o violate any applicable local, state, national or international law, or any regulation shaving the force of law; o impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;o harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications ;o advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized ;o further or promote any criminal activity or enterprise or provide instructional information about illegal activities; o obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Fees
To the extent, the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Level Up Learning information regarding your credit card or other payment instrument. You represent and warrant to Level Up Learning that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Level Up Learning the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You here by authorize Level Up Learning to bill your payment instrument in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Level Up Learning know within sixty (60) days after the date that Level Up Learning charges you. We reserve the right to change Level Up Learning' prices. Level Up Learning will notify such changes through ordinary recourse such as via email or other electronic media. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than Indian taxes based on Level Up Learning' net income.
Recurring Subscriptions
If you select a Service with an auto renewal feature (“Recurring Subscription”), you authorize LevelUp Learning to maintain your account information and charge that account automatically upon there newal of the Service you choose with no further action required by you. In the event that Level Up Learning is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Level Up Learning, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., you bank or a payment processor) to continue charging your account as authorized by you.
Special Notice for International Use; Export Controls
Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of Indian export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use
Unless otherwise expressly authorized herein or by Level Up Learning in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Intellectual Property Rights4.1 Service Content, Software and Trademarks
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Level Up Learning, you agree not to modify, copy, frame, scrape ,rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Level Up Learning from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content otherthan as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Level Up Learning, our affiliate sand our partners (the “Software”). You agree not to copy, modify, create a derivative work of,reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign,sublicense, or otherwise transfer any right in the Software. Level Up Learning reserves any rights not expressly granted herein. The Level Up Learning name and logos are trademarks and service marks of Level Up Learning (collectively the “Level Up Learning Trademarks”). Other Level Up Learning, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Level Up Learning. Nothing in this Terms of Service or the Service should be construe das granting, by implication, estoppel, or otherwise, any license or right to use any of Level Up Learning Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Level Up Learning Trademarks will inure to our exclusive benefit.
4.2 Third Party Material
Under no circumstances will Level Up Learning be liable in any way for any content or materials ofany third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Level Up Learning does not pre-screen content, but that Level Up Learning andits designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Level Up Learning and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Level Up Learning, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.
By uploading any User Content you hereby grant and will grant Level Up Learning, its affiliated companies and partners (including but not limited to Level Up Learning instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) an on exclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to Level Up Learning, its affiliated companies or partners are non-confidential and Level Up Learning, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Level Up Learning may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b)enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Level Up Learning, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adaptto technical requirements of connecting networks or devices.
Copyright Complaints Level Up
Learning respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Level Up Learning of your infringement claim in accordance with the procedure set forth below.
You may also contact us by mail or facsimile at: ( [email protected] )
Address: LEVEL UP EDU PVT.LTD - Old no.9 New, no.17, Seethammal Rd, Seethammal Colony,Alwarpet, Chennai, Tamil Nadu 600018
To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.4.5 Counter-Notice If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement thatyou have a good faith belief that the content was removed or disabled as a result of mistake or amisidentification of the content; and your name, address, telephone number, and email address, astatement that you consent to the jurisdiction of the Courts of Tamilnadu and a statement that youwill accept service of process from the person who provided notification of the alleged infringement.If a counter-notice is received by the Copyright Agent, Level Up Learning will send a copy of thecounter-notice to the original complaining party informing that person that it may replace theremoved content or cease disabling it in 10 business days. Unless the copyright owner files an actionseeking a court order against the content provider, member or user, the removed content may bereplaced, or access to it restored, in 10 to 14 business days or more after receipt of thecounter-notice, at our sole discretion.4.6 Repeat Infringer PolicyLevel Up Learning has adopted a policy of terminating, in appropriate circumstances and at Level UpLearning' sole discretion, users who are deemed to be repeat infringers. Level Up Learning may alsoat its sole discretion limit access to the Service and/or terminate the memberships of any users whoinfringe any intellectual property rights of others, whether or not there is any repeat infringement.5. Third Party WebsitesThe Service may provide, or third parties may provide, links or other access to other sites andresources on the Internet. Level Up Learning has no control over such sites and resources and LevelUp Learning is not responsible for and does not endorse such sites and resources. You furtheracknowledge and agree that Level Up Learning will not be responsible or liable, directly or indirectly,for any damage or loss caused or alleged to be caused by or in connection with use of or reliance onany content, events, goods or services available on or through any such site or resource. Any dealingsyou have with third parties found while using the Service are between you and the third party, andyou agree that Level Up Learning is not liable for any loss or claim that you may have against anysuch third party.6. Social Networking ServicesYou may enable or log in to the Service via various online third party services, such as social mediaand social networking services like Facebook (“Social Networking Services”). By logging in or directlyintegrating these Social Networking Services into the Service, we make your online experiences richerand more personalized. To take advantage of this feature and capabilities, we may ask you toauthenticate, register for or log into Social Networking Services on the websites of their respectiveproviders. As part of such integration, the Social Networking Services will provide us with access tocertain information that you have provided to such Social Networking Services, and we will use, storeand disclose such information in accordance with our Privacy Policy. For more information about theimplications of activating these Social Networking Services and Level Up Learning' use, storage anddisclosure of information related to you and your use of such services within Level Up Learning(including your friend lists and the like), please see our Privacy Policy. However, please rememberthat the manner in which Social Networking Services use, store and disclose your information isgoverned solely by the policies of such third parties, and Level Up Learning shall have no liability orresponsibility for the privacy practices or other actions of any third party site or service that may beenabled within the Service. In addition, Level Up Learning is not responsible for the accuracy,availability or reliability of any information, content, goods, data, opinions, advice or statements madeavailable in connection with Social Networking Services. As such, Level Up Learning is not liable forany damage or loss caused or alleged to be caused by or in connection with use of or reliance on anysuch Social Networking Services. Level Up Learning enables these features merely as a convenienceand the integration or inclusion of such features does not imply an endorsement or recommendation.7. Indemnity and ReleaseYou agree to release, indemnify and hold Level Up Learning and its affiliates and their officers,employees, directors and agent harmless from any from any and all losses, damages, expenses,including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death)arising out of or relating to your use of the Service, any User Content, your connection to the Service,your violation of these Terms of Service or your violation of any rights of another.8. Disclaimer of WarrantiesYOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS”AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, Level UpLearning EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED ORSTATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.Level Up Learning MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS,(II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTSTHAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALPURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.9. Limitation of LiabilityYOU EXPRESSLY UNDERSTAND AND AGREE THAT Level Up Learning WILL NOT BE LIABLE FOR ANYINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FORLOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE,DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Level Up Learning HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICTLIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THESERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTINGFROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGESRECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III)UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV)STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTERRELATING TO THE SERVICE. IN NO EVENT WILL Level Up Learning TOTAL LIABILITY TO YOU FORALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Level UpLearning IN THE LAST SIX (6) MONTHS.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THELIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IFYOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OFSERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.10. Binding Arbitration; Class Action WaiverAt Level Up Learning's or your election, all disputes, claims, or controversies arising out of or relatingto the Terms of Service or the Service that are not resolved by mutual agreement may be resolved byindividual (not group) binding arbitration to be conducted before a lawyer. Unless otherwise agreedby the parties, arbitration will be held in Tamilnadu before a single arbitrator mutually agreed upon bythe parties, or if the parties cannot mutually agree, and will be conducted in accordance with therules and regulations promulgated unless specifically modified in the Terms of Service. The arbitrationmust commence within forty-five (45) days of the date on which a written demand for arbitration isfiled by either party. The arbitrator’s decision and award will be made and delivered within sixty (60)days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator.The arbitrator will not have the power to award damages in excess of the limitation on actualcompensatory, direct damages set forth in the Terms of Service and may not multiply actual damagesor award punitive damages or any other damages that are specifically excluded under the Terms ofService, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, inhis or her discretion, assess costs and expenses (including the reasonable legal fees and expenses ofthe prevailing part) against any party to a proceeding. Any party refusing to comply with an order ofthe arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the otherparty in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminaryinjunctive relief, any party may proceed in court without prior arbitration for the purpose of avoidingimmediate and irreparable harm. The provisions of this arbitration section will be enforceable in anycourt of competent jurisdiction.Notwithstanding the provisions of the introductory section above, if Level Up Learning changes this‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted anysubsequent changes to these Terms of Service), you may reject any such change by sending uswritten notice within 30 days of the date such change became effective, as indicated in the “Date ofLast Revision” date above or in the date of Level Up Learning' email to you notifying you of suchchange. By rejecting any change, you are agreeing that you will arbitrate any dispute between youand Level Up Learning in accordance with the provisions of this section as of the date you firstaccepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLEREMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND Level Up Learning REGARDING ANYASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVINGYOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS ACLASS ACTION.11. TerminationYou agree that Level Up Learning, in its sole discretion, may suspend or terminate your account (orany part thereof) or use of the Service and remove and discard any content within the Service, forany reason, including, without limitation, for lack of use or if Level Up Learning believes that you haveviolated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspectedfraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, maybe referred to appropriate law enforcement authorities. Level Up Learning may also in its solediscretion and at any time discontinue providing the Service, or any part thereof, with or withoutnotice. You agree that any termination of your access to the Service under any provision of thisTerms of Service may be effected without prior notice, and acknowledge and agree that Level UpLearning may immediately deactivate or delete your account and all related information and files inyour account and/or bar any further access to such files or the Service. Further, you agree that LevelUp Learning will not be liable to you or any third party for any termination of your access to theService.12. Disputes between UsersYou agree that you are solely responsible for your interactions with any other user in connection withthe Service and Level Up Learning will have no liability or responsibility with respect thereto. Level UpLearning reserves the right, but has no obligation, to become involved in any way with disputesbetween you and any other user of the Service.13. GeneralThese Terms of Service constitute the entire agreement between you and Level Up Learning andgovern your use of the Service, superseding any prior agreements between you and Level UpLearning with respect to the Service. You also may be subject to additional terms and conditions thatmay apply when you use affiliate or third party services, third party content or third party software.These Terms of Service will be governed by the laws of the State of Tamilnadu without regard to itsconflict of law provisions. With respect to any disputes or claims not subject to arbitration, as setforth in Section 10 above, you and Level Up Learning agree to submit to the personal and exclusivejurisdiction of the state and high courts located within Tamilnadu, India. The failure of Level UpLearning to exercise or enforce any right or provision of these Terms of Service will not constitute awaiver of such right or provision. If any provision of these Terms of Service is found by a court ofcompetent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavourto give effect to the parties’ intentions as reflected in the provision, and the other provisions of theseTerms of Service remain in full force and effect. You agree that regardless of any statute or law to thecontrary, any claim or cause of action arising out of or related to use of the Service or these Terms ofService must be filed within one (1) year after such claim or cause of action arose or be foreverbarred. A printed version of this agreement and of any notice given in electronic form will beadmissible in judicial or administrative proceedings based upon or relating to this agreement to thesame extent and subject to the same conditions as other business documents and records originallygenerated and maintained in printed form. You may not assign this Terms of Service without the priorwritten consent of Level Up Learning, but Level Up Learning may assign or transfer this Terms ofService, in whole or in part, without restriction. The section titles in these Terms of Service are forconvenience only and have no legal or contractual effect. Notices to you may be made via eitheremail or regular mail. The Service may also provide notices to you of changes to these Terms ofService or other matters by displaying notices or links to notices generally on the Service.14. Questions? Concerns? Suggestions?Please contact us [email protected] report any violations of these Terms of Service or to pose any questions regarding the Terms ofService or the Service