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Terms

TERMS OF USE

Welcome to Level Up Life, an Edwards Expansion, LLC brand! We’re excited to coach and guide you in your life.

Before we start, please take the time to read through the following Terms and Services, so we’re on the same page — together

TERMS OF SERVICE

These Terms of Use apply to www.thomasedwardsjr.com (the "Site") and constitute a legal agreement between the User (“you”) and Edwards Expansion, LLC ("us" “Level Up Life”) as to the terms and Services of the Website as well as the Services of Edwards Expansion, LLC, with which users and customers must comply. By registering with www.thomasedwardsjr.com, you agree to be bound by these Terms and Services (this “Agreement”), whether or not you use the services offered (the “Services”) of Edwards Expansion, LLC.  If you do not wish to abide by this Agreement, please do not register and do not use any portion of this site.  We reserve the right to change, update, modify, and/or revise these terms of use at any time at our sole discretion, without notice or liability.  Please check back often to review any updated terms.

USE AND CONTENT

The Site and all associated content is intended solely for the personal, commercial use of our users. All information and materials available via the Site (collectively, "Content") are protected by copyright, trademark and other applicable laws. Content includes, but is not limited to, photographs, images, illustrations, text, video, audio clips, designs, logos, trademarks, service marks, trade dress and other materials contained in this Site, as well as the software used in the design and development of this Site. Content is owned or controlled by us, our subsidiaries, affiliates or licensors or is used with permission of their owners.

The Logo, “Level Up Life” are proprietary trademarks and service marks of Edwards Expansion, LLC. All other trademarks or service marks and product names mentioned herein are the property of their respective owners. The Content on the Site may not be reproduced and may not be distributed, publicly performed or otherwise used in any manner, except with our prior written consent.

You may not reproduce (except for your personal non-commercial use), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, this Site, any of the Content in this Site. You agree to abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through our Site.

ACCOUNT CREATION

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to us will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Sharing this information implies consent to our Privacy Policy.

ELIGIBILITY

The Website is not intended to be viewed, and the Services are not intended to be purchased or used, by minors or anyone under the age of eighteen.  By entering the Website or using the Services, you are affirming and agreeing that you are not under the age of eighteen.

OTHER WEB PLATFORMS AND/OR NON-DATING SITES AND GROUPS

By using the Services of Edwards Expansion, LLC, you are representing to Edwards Expansion, LLC that you have agreed to the terms and conditions of any and all online sites you are currently using or intend to use in connection with Level Up Life Service.  You should carefully read the privacy policies and other conditions of these online sites of choice to ensure compliance. Edwards Expansion, LLC does not endorse and is not responsible for the opinions, advice and recommendations given by any member of such sites including members or groups associated with but not limited to: Facebook, Twitter, Instagram, LinkedIn, Zoom, and/or any other group messaging board.

REPRESENTATIONS

Our services are based on YOUR representations to us. We cannot guarantee concrete results. We will provide the best guidance and advice as possible for the respective situation, and it is your sole responsibility to interpret and institute the advice as you wish. By agreeing to these Terms and Services, you agree that you will cooperate fully with our advice…and have an open mind and heart!

You represent, warrant and agree that: (a) all information you submit to us, is, and will remain truthful and accurate; (b) that neither you nor your use of the Site nor any information submitted by you or the use thereof by us or our users in accordance with these Terms and Services will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading statements of fact or indications of origin; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate or encourage to violate any applicable laws, rules, regulations or other governmental regulations; and (c) you are at least the applicable age of majority in the jurisdiction where you reside and you possess the legal authority to agree to these Terms of Use.

INTERACTIONS

While we may offer advice for our clients given their respective situations, you are at all times, solely responsible for your life and interactions, online or in person. In no event shall Edwards Expansion, LLC be liable for any damages whatsoever, either direct, indirect, general, special, compensatory, consequential, punitive, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including, without limitation, bodily injury, death, emotional distress, and/or other damages resulting from communications or interactions, online or in person, with any persons you meet, are connected with or have contacted through the Services offered by Edwards Expansion, LLC.

COMMUNICATIONS AND CONTENT

All email sent to any email addresses of the Website becomes the property of Edwards Expansion, LLC. The Website may provide links to the sites of affiliated companies and certain other businesses or materials.  Edwards Expansion, LLC is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of the websites.  Edwards Expansion, LLC does not assume any responsibility or liability for the actions, product, and content of these and any other third parties.  Your use of such websites or materials is at your own risk and you should carefully review all privacy statements and other conditions of use.

Additionally, when interacting online or in person with anyone within the coaching community, you shall not violate or infringe in any way upon the rights of others, and you shall not engage in any behavior which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law. Edwards Expansion, LLC does not assume any responsibility or liability for the actions, product, and content of these and any other third parties. In the event that Level Up Life is noticed of any wrongful actions, Level Up Life reserves the right to immediately terminate your membership and/or association with the Site, Services and the Company.

LIMITATION OF LIABILITY

By using the Website, materials, or Services of Edwards Expansion, LLC, you agree to release and hold harmless Edwards Expansion, LLC and the employees, contractors, officers, directors, members, managers, shareholders, agents, representatives of Edwards Expansion, LLC, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Edwards Expansion, LLC, any third-party providers or sources of information or data, and legal advisers from any and all losses, damages, rights, claims, and actions of any kind arising from or related to the Website, materials, or Services, including but not limited to:

(a) telephone, electronic, hardware or software, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (b) failed, incomplete, garbled, or delayed computer transmissions; (c) any condition caused by events beyond the control of Edwards Expansion, LLC that may cause the Website or related Services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, materials, or related Services; or (e) any printing or typographical errors in any materials associated with the Website, materials, or related Services.  In addition, you agree to defend, indemnify, and hold Edwards Expansion, LLC affiliates harmless from any claim, suit or demand, including reasonable attorney’s fees, made by a third party, due to or arising out of your utilizing the Website, materials, or related Services, your violation or breach of this Agreement, your violation of any rights of a third party, or any other act or omission by you.

In no event will Edwards Expansion, LLC, its Officers, Directors, Members, Managers, Contractors, Employees, Consultants, Editors, Agents and Representatives (collectively “Representatives”) be held liable for any damages of any kind, including without limitation, compensatory, direct, indirect, punitive, or consequential damages, loss of income or data, loss of or damage to property, personal injury, and claims of customers or third parties arising from any customer’s interaction, involvement, and relationship with members of the online and/or offline community of any kind, even if Edwards Expansion, LLC was advised of the possibility of such damages. You shall cooperate as fully as reasonably required in the defense of any claim and shall not enter into any settlement agreement which affects our rights without our prior written approval. We reserve the right to assume the defense and control of any matter otherwise subject to indemnification by you. Furthermore, by using the Website, you agree to hold Edwards Expansion, LLC harmless from any administrative, criminal, or civil proceedings.

BILLING AND REFUND POLICY

All purchases are final.  In no event shall individuals be entitled to refunds because of dissatisfaction with the Services of Edwards Expansion, LLC, except where authorized by Edwards Expansion, LLC, or where this provision is prohibited by law.  Refunds or other return of monies shall be offered solely at the discretion of Edwards Expansion, LLC.

Some of the Services have a feature for recurring monthly billing.  By agreeing to these Terms and Services, you consent to such recurring billing.

If you choose a service that has a free trial, you will be automatically billed at the end of the trial.

If you wish to cancel, you must email thomas@thomasedwardsjr.com 48 hours before your next payment occurs.

In no event shall individuals be entitled to refunds after billing occurs.

INTERPRETATION

The language used in this Agreement will be construed in all cases in accordance with ordinary usage and meaning.  The Parties acknowledge that each Party has reviewed this Agreement and that no single party bears sole responsibility for the draftsmanship of this Agreement.  Consequently, no rule of construction to the effect that ambiguities are to be resolved against the drafting Party should be employed in the interpretation of this Agreement.

CHOICE OF VENUE

All disputes shall be resolved by a court of competent jurisdiction in the State of California.

E-SIGN ACT

I agree that this Agreement is governed by the Electronic Signatures in Global and National Commerce Act (commonly known as the “E-Sign Act”), 15 U.S.C. 7000, et seq. and may not be denied legal effect, validity, or enforceability solely because it is in electronic form.  By choosing to click “Submit” and work with Edwards Expansion, LLC, which indicates my agreement to be bound by the terms of this Agreement, I affirmatively adopt making this selection as my signature and the manifestation of my consent to be bound by the terms of this Agreement.

ARBITRATION

Any controversies, claims, or disputes arising out of or relating to this Agreement shall be resolved solely and exclusively by binding arbitration the State of California in accordance with the rules for commercial arbitration of the American Arbitration Association (“AAA”) in effect at the time such arbitration is initiated and shall be administered by the AAA.  The arbitration shall take place in California.  The arbitrator shall be required to follow applicable law.  YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND EDWARDS EXPANSION, LLC ARE EACH WAVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

The decisions and awards rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court having jurisdiction.  The arbitrator may, as part of any award, award to the prevailing party the costs of such arbitration, including attorney, expert, and witness fees.  This agreement to arbitrate shall be specifically enforceable under prevailing arbitration law.  During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.

ASSIGNMENT

Neither you nor Edwards Expansion, LLC may assign or transfer any rights, duties, or obligations herein nor any rights, duties or obligations associated with any service purchased through Edwards Expansion, LLC without the prior written consent of the other, and any purported attempt to do so shall be null and void.

GOVERNING LAW

This Agreement shall be governed by, interpreted and construed, and enforced in accordance with the laws of the State of California without reference to conflicts of laws principles.

ENTIRE AGREEMENT

This Agreement constitutes the entire understanding and agreement of the Parties entering into it (“the Parties”) with respect to the subject matter covered in it, and it supersedes all other prior agreements and understandings, written or oral, among the Parties, with respect to such subject matter.

IF YOU HAVE QUESTIONS OR CONCERNS REGARDING THIS AGREEMENT, PLEASE CONTACT US AT THOMAS@THOMASEDWARDSJR.COM.

Last Updated: JANUARY 24, 2020

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