Introduction

Level Five (the "Publisher") website (the "Website") is a website for the Publisher's users like you ("you", and "your") that enables you to access Publisher-related content alongside social and interactive features.

These Terms of Service ("Terms") and the associated Privacy Policy apply to your use of the website. The Publisher is also the Data Controller for the purposes of any personal data you provide. For information on how we and the Publisher (as "Data Controller") use your personal data, please see the associated Privacy Policy.

You must review and accept these Terms before you can use the website. Unless otherwise specified in the Website details on the applicable Website Store, to use the Website you must be 18 or older (or be 13 or older and have your parent or guardian's consent).

We license use of the Website to you on the basis of these Terms and subject to any rules or policies applied by any Website store provider or operator from whose platform you download the Website ("Website Store"). We do not sell the Website to you. We remain owners of the Website at all times, but please note that the content provided by the Publisher via the Website is owned by and remains the responsibility of the Publisher.

1. Changes

We may occasionally make changes to the Website or these Terms. If we do, we'll notify you either by updating the Effective Date of these Terms listed above and via the Website. You must accept these changes in order to continue using the Website. You should stop using the Website if you disagree with any changes to the Website or these Terms.

From time to time we may issue updates to the Website via the Website Store. Depending on the update, you may not be able to use the Website until you have downloaded the latest version of the Website and reviewed and accepted any new terms.

2. Accessing the Website and the Content on the Website

You may access the Website by your web browser and internet connection. It is your responsibility to ensure that you are able to comply with the relevant system requirements. We accept no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software). Access to parts or all of the Website and any or all content on the Website may be restricted from time to time to allow for repairs, maintenance or updating.

It is your responsibility to pay for all costs and expenses (including all telephone call or line charges or Internet service data access) that you may incur using the Website.

Your use of the Website and enjoyment of its features and content hosted or made available through the Website may vary in functionality, availability and quality depending on the type of device and operating system and any restrictions imposed by our content providers.

3. Your Use of the Website

In consideration of you complying with these Terms, we grant you a non-transferable, non-exclusive, revocable license to use the Website on your device(s) and to view the content contained on the Website for your personal, non-commercial use, subject to and in accordance with these Terms, the Privacy Policy and the applicable Website Store rules, which are incorporated into these Terms by reference.

You agree:

• That you will not use the Website for any illegal purpose or in any way that interrupts, damages or impairs the service provided by the Website;

• That you will not access or attempt to access the accounts of other users of the Website;

• That you will not impersonate any person, or misrepresent your identity or affiliation with any person;

• Not to post or transmit through the Website any content which is or could reasonably be viewed as hate speech, obscene, harassing, threatening, pornographic, abusive or defamatory;

• That any content you post or upload to the Website or otherwise make available via the Website is owned by you;

• To refrain from doing anything which is defamatory, offensive, damaging or which we believe might damage our reputation;

• Not to copy the Website or any content on the Website except where such copying is incidental to the normal non-commercial use of the Website;

• Not to infringe our intellectual property or the Publisher's or our other licensors' intellectual property;

• That you are solely responsible for your interactions with other users;

• That you will not collect other users' content or information using automated means without our prior written permission;

• To keep your password secure at all times and not to disclose your password to any other person;

• Not to allow any other person to use or access your account;

• To comply with all laws applicable to you.

4. Termination

We may terminate these Terms and close your account at any time without notice if we cease to provide the Website.

In addition to our right to remove any content from the Website, we reserve the right to suspend, restrict or terminate your access to the Website at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. We also reserve the right to disable your account at our reasonable discretion.

You may close your account and terminate your agreement with us at any time by emailing us at info@levelfivehealth.com.

5. Intellectual Property

You acknowledge that the Website, the content provided on the Website and all copyrights, patents, trademarks, trade secrets, source code, object code and other intellectual property associated therewith are, and shall remain, the property of us or our licensors. You are not granted any intellectual property rights in or to the Website or the content on the Website except as expressly set out in these Terms. You are not authorized to use our or the Publisher's logos or trade marks or trade names (whether registered or unregistered) in any manner. You may only use the Website for personal, non-commercial purposes.

6. Licensing

The service and content provided through the Website and the Website itself are our property or the property of our licensors.

You are strictly only entitled to use the Website, and consume content made available through the Website, in accordance with these Terms.

The Website and any other software made available to you via the Website is licensed (not sold) to you, meaning that we or our licensors continue to own all copies of the Website and other software when it is installed on your device. We may freely assign these Terms or any part of them, but you may not assign your rights under these Terms, or any part of them, nor may you sub-license your rights under these Terms, to any third party.

7. User Generated Content and Moderation

We respect the intellectual property rights of others and expect users of the Website to do the same. As part of the functionality of the Website we may allow you and other users to upload, transmit, send content, data, ideas, communications and other materials to the Website ("User Generated Content").

You represent and warrant that you own or control all rights in and to your User Generated Content. We are under no obligation to review such materials for the purposes of determining copyright infringement. Therefore, your reliance on User Generated Content is at your own risk.

We shall have the right (but not the obligation) to delete, remove, monitor, or edit User Generated Content and block links to the Website through technological or other means without prior notice.

If you are a rights holder and you believe that your copyright is being infringed by any material on the Website, please contact us via email at info@levelfivehealth.com or in writing to Level Five at: 1280 West Lambert Rd., Suite F-1, Brea, California 92821.

8. Personal Data

For information on how we and the Publisher (as Data Controller) use your personal data, please see the associated Privacy Policy.

9. Our Legal Obligations

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence or fraud.

We are not responsible for:

• Losses, damage, costs or expenses not caused by our breach of these terms;

• The actions or omissions of any Publisher or our licensors introduced to you through the Website;

• The actions or omissions of other users of the Website;

• Any indirect or consequential loss or damage;

• Any harm, loss or damage suffered by you or anyone else if the Website is interrupted, suspended or otherwise not provided to you or if we do not comply with these terms because of events beyond our control.

For any loss or damage suffered by you or anyone else that may arise from use of the Website and which is not otherwise excluded under this section, to the extent permitted by law our liability is limited to $100.

10. Disclaimer and Technical Limitations

We do not endorse or take any responsibility for statements, advertisements or any content whatsoever transmitted through, or linked to from or via, the Website by other users or third party service providers. We are not responsible for any transaction you may enter into with a third party via the Website and it is up to you to decide whether or not to do so.

The Website and the service provided through it is provided without express or implied warranty or condition of any kind, on an "as-is" basis, subject to state law. You agree that you must evaluate, and that you bear all risks associated with, the use of the Website.

We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

11. Third Party Sites or Services

The Website may include and link to features, websites and services (such as the Publisher's own website and social media like Twitter, Facebook, Pinterest, YouTube and Instagram) that are provided by a third party. We do not control such third party sites or services and are not responsible for the content of such sites or services.

Our inclusion of links does not imply any endorsement or association with their operators. We will not be responsible for anything that is done or not done by you or the third party service provider in connection with your use of their service.

12. Contacting Us

To contact the Publisher, please write to:

Level Five Health

1280 West Lambert Rd., Suite F-1

Brea, California 92821

Phone: 877-519-1893

Email: info@levelfivehealth.com

13. Disputes

Unless otherwise required by law, any disputes in connection with these Terms will be governed by and interpreted in accordance with the laws of the State of California and the courts of California will have exclusive jurisdiction to hear any claims made in relation to these Terms.

14. Other Important Legal Terms

You may not transfer your rights or obligations under these Terms to anyone else.

If you breach these Terms and we take no action against you, or if we delay in doing so, that will not mean that we have waived our rights against you and we will still be entitled to enforce our rights and remedies against you in relation to that breach.

If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the remainder of the Terms will continue to govern each of our respective obligations.

These Terms are not intended to give rights to anyone except you and us.

Except as otherwise expressly stated, these Terms and our Privacy Policy contain the entire agreement between us, the Publisher and you relating to use of the Website and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us, the Publisher and you relating to use of the Website.