Limitation of Liability; Waiver

Acceptance of the Terms of Use.

These Terms of Use are entered into by and between You and Level Up Everyday and its affiliated subsidiaries and related entities (collectively, “Company,” “We” or “Us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of Level Up Everyday (“Website”), any other mobile applications, websites, and social media platforms owned or con-trolled by Us, along with any content, functionality, and services offered through Us (each a “Service,” collectively “Services”) whether as a guest or a registered user. You and Company each a Party, collectively, “Parties.”

By using the Services [or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use [and our Privacy Policy], incorporated herein by reference. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

 

Indemnification

You agree to defend (at Company’s request), indemnify and hold the Company Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities in connection with the Service or those conducted on your behalf): (i) your content or Comments or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by You. You will cooperate as fully required by Company in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by You, and You will not in any event settle any claim without the prior written consent of Company.