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UpLevel Ops, LLC
Legal Terms of Use
Legal Terms of Use
LAST UPDATED on September 30, 2024
UpLevel Ops, LLC (“ULO” or “we”) leads the evolution of the legal operations practice. Our website at www.uplevelops.com (the “Site”) provides information about various lines of service (all related features and services, collectively the “Services”). ULO is a team of trusted advisors providing practical guidance, mentorship, and custom, high-end service. We partner with clients to craft actionable solutions and create a roadmap to success that empowers teams with best practices, tools, and workflows tailored to their unique business objectives. Please read this Legal Terms of Use agreement (the “Agreement”) carefully as it governs your use of the Site.
1) Acceptance of Legal Terms. The Site is made available to you by ULO, subject to this Agreement. ULO reserves the right to update or make changes to this Agreement from time to time and may provide you with notice of such changes by any reasonable means, including without limitation, by posting the revised version of this Agreement on our Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. Your access to or use of the Site following changes to this Agreement will constitute your acceptance of those changes. Any changes to this Agreement shall not apply to any dispute between you and ULO arising prior to the date on which ULO posted the revised version of this Agreement incorporating such changes or otherwise notified you of such changes.
BY ACCESSING OR USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
2) Modification of Legal Terms. We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify or waive any fees charged in connection with the Site; or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site in whole or in part. Your continued access to or use of the Site after such changes will indicate your acceptance of such changes.
3) Site Information. We provide users of the Site with access to certain content and services related to educational programming, which may include, without limitation: (a) Virtual Events; (b) downloadable audio and video programs; and (c) downloadable digital content (all such content and services are also part of the “Site”).
ULO makes no representation or warranty regarding the accuracy of the content available through the Site.
4 Disclaimer of Advice. The content provided through the Site is designed to provide practical and useful information on the subject matter covered. WHILE SUCH CONTENT MAY CONCERN LEGAL ISSUES, ACCOUNTING ISSUES OR OTHER ISSUES RELATED TO PROFESSIONAL SERVICES, SUCH CONTENT IS NOT LEGAL ADVICE, ACCOUNTING ADVICE OR OTHER PROFESSIONAL SERVICES ADVICE. YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF ANY CONTENT INCLUDED ON THE SITE. ULO EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT PROVIDED ON THE. YOU ACKNOWLEDGE AND AGREE THAT SUCH CONTENT IS NOT PROVIDED FOR THE PURPOSE OF RENDERING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICES.
USE OF OUR SITE DOES NOT CREATE AN ATTORNEY-CLIENT OR OTHER RELATIONSHIP NOR DOES IT CONSTITUTE A SOLICITATION FOR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP. IF YOU REQUIRE LEGAL ADVICE OR OTHER EXPERT COUNSEL, YOU SHOULD RETAIN THE SERVICES OF A COMPETENT PROFESSIONAL.
5) Rules of Conduct.You must comply with all applicable laws, rules and regulations while accessing or using the Site. Your use of the Site is conditioned upon your compliance with the rules set forth in this section. You must not:
- Use the Site for any fraudulent or unlawful purposes, including but not limited to conduct that would (a) defame, abuse, harass, stalk, threaten, harvest or collect personally identifiable information, or otherwise violate the legal rights of others, including rights of privacy or publicity; (b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or state or imply that we endorse any of your statements.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available or violate any requirements, procedures, policies or regulations of such servers or networks.
- License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Site or any access to or use of the Site.
- Modify, adapt, make derivative works of, translate, reverse engineer, decompile or disassemble the Site.
- Remove any copyright, trademark or other proprietary rights notice from the Site or any content available through the Site.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content of the Site or reproduce or circumvent the navigational structure or presentation of the Site. Notwithstanding the foregoing, ULO grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. ULO reserves the right to revoke these exceptions either generally or in specific cases.
6) Registration; User Names and Passwords. You may need to register to use all or part of the Site. You represent and warrant that all information you submit to ULO is complete and accurate. We may reject, or require that you change, for any reason, any login name, password or other information that you provide to us when you register. Your login name and password are for your personal use only and should be kept confidential; you, and not ULO, is responsible for any use or misuse of your login name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your login name or password or your account. ULO is not liable for any loss or damage arising from your failure to comply with any of these obligations.
7) ULO’s Proprietary Rights. We and/or our partners, affiliates, licensors and suppliers own the information and materials made available through the Site. The content available on the Site are protected by copyright, trademark, patent and/or other proprietary rights and laws held by ULO or third parties. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.
ULO reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to not honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service.
8) Purchases. We may make available products and services for purchase through the Site, and we may use third-party suppliers and service providers to enable e-commerce functionality on our Site. If you wish to purchase any product or service made available by us through the Site or through our email, telephone, mail-order, telemarketing efforts, customer service representatives, account representatives or other sales channels (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to ULO the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
9) Accessibility. UpLevel Ops is committed to making our website accessible to individuals with disabilities. We strive to meet accessibility standards, including compliance with the Americans with Disabilities Act (ADA) and the Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing content on our Site or have suggestions for improvement, please contact us at support@uplevelops.com.
10) Jurisdictional Issues. The Site is controlled and operated by ULO from the United States, and are not intended to subject ULO to the laws or jurisdiction of any state, country or territory other than that of the United States. ULO neither represents nor warrants that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.
11) Data Protection & Privacy. Your submission of information through the Site is governed by ULO’s Privacy Policy, which can be found here. By using the Site, you consent to the collection, use, and storage of your information as described in the Privacy Policy. In compliance with applicable data protection laws, such as the GDPR and CCPA, we have implemented appropriate security measures to protect the personal information we collect from you. You have the right to request access to, modification of, or deletion of your personal data in accordance with our Privacy Policy. If you are a resident of the European Union or California, additional rights may apply, and you may contact us at support@uplevelops.com to exercise those rights.
12) Cookies & Tracking Technologies. Our website uses cookies and similar tracking technologies to enhance your user experience and gather information about how the Site is being used. For more details on the types of cookies used and how you can manage or disable them, please refer to our Cookie Policy. By continuing to use our Site, you consent to the use of cookies and similar technologies in accordance with our Cookie Policy.
13) Third Party Content; ULOs. The Site may incorporate certain functionality that allows the routing and transmission of, and online access to, certain digital communications and content made available by third parties, including social media providers (such communications and content, “Third Party Content”). By using such functionality, you acknowledge and agree that you are directing us to access and transmit to you Third Party Content associated with such functionality. The Site may provide ULOs to other websites and online resources that include Third Party Content. Because we do not control Third Party Content, you agree that ULO is neither responsible nor liable for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Content. We have no obligation to monitor Third Party Content, and we may block or disable access to any Third Party Content (in whole or part) via the Site at any time. Your access to or receipt of Third Party Content via the Site does not imply our endorsement of, or our affiliation with any provider of, such Third Party Content. Further, your use of Third Party Content may be governed by additional terms and conditions that are not set forth in this Agreement or our Privacy Policy. This Agreement does not create any legal relationship between you and the providers of such Third Party Content with respect to such Third Party Content, and nothing in this Agreement shall be deemed to be a representation or warranty by ULO with respect to any Third Party Content. YOU AGREE THAT YOUR USE OF THIRD PARTY CONTENT IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD PARTY CONTENT.
14) Third Party Services and Platforms.
Our virtual events and certain functionalities on the Site may rely on third-party platforms and services, including, but not limited to, Zoom, Microsoft Teams, Google Meet, Vimeo, and others (collectively, “Third Party Services”). By using the Site, you acknowledge and agree that your use of these Third Party Services is subject to the terms and conditions of use set forth by those third parties, and that UpLevel Ops is not responsible for the performance, privacy, security, or integrity of these Third Party Services. Please review the respective terms of service and privacy policies for these platforms before engaging in virtual events or other activities hosted via Third Party Services. If you have any questions about the use of the Third Party Services in the Services, please contact us at support@uplevelops.com. You further agree that ULO is neither responsible nor liable for any Third Party Services, including the accuracy, integrity, quality, legality, usefulness, privacy, security or safety of and Third Party Service. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ALL THIRD PARTY SERVICES INCORPORATED THEREIN.
15) DISCLAIMER OF WARRANTIES.THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH THE SITE. ULO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. OUR VIRTUAL EVENTS MAY RELY UPON THE USE OF THIRD PARTY SERVICES, INCLUDING, WITHOUT LIMITATION, ZOOM, REMO.CO.
16) AI-Generated Content Disclaimer.
Some content provided on the Site may be generated or curated through automated systems, including artificial intelligence (AI) tools. While we strive to ensure the accuracy and reliability of AI-generated content, we do not guarantee that it is free from errors or omissions. Users should independently verify any information presented and should not rely solely on automated content for critical decisions, including legal, financial, or business matters.
17) LIMITATION OF LIABILITY. ULO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE , OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, ULO WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, OR FROM ANY CONTENT POSTED ON THE SITE BY ULO OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF ULO FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO ULO TO ACCESS AND USE THE SITE.
18) Content Moderation. UpLevel Ops reserves the right, but is not obligated, to monitor, moderate, or remove user-generated content on the Site that violates this Agreement or applicable laws, or that we deem harmful, inappropriate, or otherwise offensive. This includes but is not limited to any content that is defamatory, obscene, harassing, or infringes upon the intellectual property rights of others. Users who post such content may have their accounts suspended or terminated, and UpLevel Ops reserves the right to report unlawful activity to law enforcement authorities.
19) Force Majeure. UpLevel Ops shall not be liable for any delay or failure in performance due to events or causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, strikes, war, terrorism, and power outages. In the event of such a delay, UpLevel Ops’ obligations under this Agreement will be suspended for the duration of the event.
20) Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless ULO and its affiliates from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation or alleged violation of this Agreement by you; or (c) any claim that anything you submitted through the Site or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing.
21) Termination. This Agreement is effective until terminated. ULO may terminate your access to or use of the Site, at any time and for any reason and without prior notice. Upon any such termination, your right to access or use the Site will immediately cease.
22) Governing Law and Arbitration. This Agreement is governed by the laws of the State of California, U.S.A., without regard to its conflicts of law provisions. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION. The arbitration may take place either in person in San Francisco County, State of California, or remotely through an agreed-upon virtual platform. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. By your access to or use of this Site, you agree to the arbitration clause and waive the right to trial by jury or participation in any class action.
23) Contact Us. If you have any questions regarding the meaning or application of this Legal Terms of Agreement, please direct such questions to support@uplevelops.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
24) Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise (http://www.getnetwise.org/) and On Guard Online (http://onguardonline.gov/). Please note that ULO does not endorse any of the products or services listed at such sites.
25) Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please email us support@uplevelops.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916.445.1254 or 800.952.5210.
26) Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and ULO. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent, and any prohibited assignment, transfer or sublicense is void. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and ULO relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and ULO relating to such subject matter. Notwithstanding the foregoing, if you, or an entity you are affiliated with (for example as an employee or a partner), has entered into a separate Consulting Agreement or Services Agreement with ULO, then in the event of a conflict between the provisions of this Agreement and the applicable Consulting or Services Agreement, the terms of the Consulting or Services Agreement govern with respect to such conflict. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in ULO’s discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing ULOs to such notices.
Please be sure to review our Privacy Policy, which is located at uplevelops.com/uplevel-ops-llc-privacy-policy/.