Last Updated: December 11, 2025
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
WE DO NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. The Services are not appropriate for emergency care or urgent situations. Do not disregard or delay seeking medical advice based on anything that appears or does not appear on the Services.
We hope you read these entire Terms for full detail, but here are some key points:
This website is operated by LevelsRx, LLC (“LevelsRX”, “we”, “us” or “our”). These terms and conditions (the “Terms” or “Terms and Conditions”) govern:
By using or otherwise accessing the Services or clicking to accept or agree to these Terms, you (1) accept and agree to these Terms; and (2) agree to comply with all rules, policies, and disclaimers posted on the Services or about which you are notified.
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity or another individual, you represent and warrant that you have the authority to bind that entity or individual, your acceptance of the Terms will be deemed an acceptance by that entity or individual, and “you” and ”your” herein shall refer to that entity, its directors, officers, employees, and agents.
PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES DO NOT PROVIDE MEDICAL OR HEALTHCARE ADVICE.
LevelsRX does not provide any medical services itself. Depending on your personal situation, state of residence, and evolution of our Services, LevelsRX may provide:
We do not control or interfere with the practice of medicine by the Providers and Practices, each of whom is solely responsible for directing the medical care and treatment they provide. Any information or advice received from a Practice comes from the Practice or Provider alone, and not from LevelsRX. You acknowledge and agree that LevelsRX is not a healthcare provider and that by using the Services, you are not entering into a doctor-patient or other health care provider-patient relationship with us.
By using the Services, you may be entering into a doctor-patient or other health care provider-patient relationship with a Provider and/or one or more Practices. LevelsRX is not liable for any professional advice obtained from a Practice or Provider via the Services or for any other information obtained on the Services.
The content of the Services, including, without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals (collectively, the “LevelsRX Content”), is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of a qualified health care professional if you have any questions or concerns you may have regarding your individual needs and any medical conditions.
All information provided by LevelsRX or in connection with any communications supported by LevelsRX, including, but not limited to, LevelsRX Content and the communications with LevelsRX nutritionists and health coaches, is intended to be for general informational purposes only, and is in no way intended to create a physician-patient relationship as defined by state and federal law. The Services are not a substitute for professional medical diagnosis or treatment. Reliance on any information appearing on the Services, whether provided by LevelsRX, its content providers, nutritionists, health coaches, clients, visitors to the Services, or others, is solely at your own risk.
Although LevelsRX may provide assistance with obtaining insurance coverage from your existing health care plan, LevelsRX does not offer or sell insurance itself. Any advice provided by a dietician is nutritional advice, not medical or dietetic advice. Certain Services may not be available in all states.
We will ask you some initial qualifying questions about yourself and your health. These questions were approved by the relevant Practices. If the answers to those questions meet certain criteria specified by a Practice, the Practice will invite the user to schedule an initial appointment and establish an account on the Practice’s and/or Provider’s own patient portal (the “Patient Portal”), which is not operated by LevelsRX or LevelsRX’ service providers. The Patient Portal may have the LevelsRX logo, but it is operated by the Practice, Provider, or its service providers, not us.
In the Patient Portal, you will answer a more detailed questionnaire designed by the Practice, which will request additional medical information and other personal information.
Payment, diagnosis, and any provision of telehealth will happen through the Patient Portal and other services operated by the Practice and/Provider or their service providers (collectively with the Patient Portal, the “Healthcare Provider Sites”), not through LevelsRX’ site. Our fees may appear as a charge from “LevelsRx” (instead of “LevelsRX”).
Diagnosis or treatment may also require obtaining lab work or prescriptions through Labs and Pharmacies that are not operated by or for LevelsRX (collectively, “Third Party Suppliers”).
Your relationship with the Practice, Provider, and Third Party Suppliers, and your use of the Patient Portal other Healthcare Provider Sites, will be governed by the relevant third-party entity’s Additional Terms (as defined in Section 4 below) and are subject to the privacy policies and practices of the relevant third-party entity and its service providers, even though the LevelsRX logo may appear on the Healthcare Provider Sites.
We reserve the right, in our sole discretion, to update these Terms by posting the updated version and updating the “Last Updated” date at the top of the page.
Unless you first reject the updated Terms by discontinuing all use of the LevelsRX Services, sending a notice of termination to cancellation@levelsrx.com, and canceling any subscription you may have by following the procedure at Section 7(c), you will be deemed to accept the changes and they will take effect at the “Update Effective Time,” which is the earlier of:
You must send the termination notice from the email address associated with your account, or if this is not possible, you must promptly cooperate with us to identify your account. Regardless of the email address you use, you must promptly cooperate with any request from us to authenticate that you are the account holder and that you are the actual sender of the termination notice. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. At your request, following your termination, we will issue you a pro-rated refund for any remaining unused portion of subscription fees you have paid. You are prohibited from using the LevelsRX Services after sending a notice of termination, except as may be necessary to follow any instructions we may provide via email for authentication of your identity and request. If you violate this requirement and do use the LevelsRX Services after sending a notice of termination (and before we block your access), your termination notice will be void as if it had never taken effect, and the updated Terms will take effect (or will have taken effect) at the Update Effective Time.
Any changes to Section 19 (“Arbitration and Class Action Waiver”) are also subject to the additional provisions in that section regarding changes to that section.
LevelsRX reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the Services (or any part thereof). You agree that LevelsRX shall not be liable to you for any modification, suspension, or discontinuance of the Services.
In order to access or purchase certain Services, you may be required to agree and enter into, or acknowledge receipt of, one or more additional agreements, consents, assignments, releases or notices as a condition of accessing, purchasing or receiving those Services (such additional agreements, consents, assignment, releases or notices, collectively as and when furnished and entered into or acknowledged, "Additional Terms and Conditions").
Such Additional Terms and Conditions may be specific to (a) a supplier of the Services, including a specific or group of Labs, Pharmacies, Practices or Providers, (b) a Service or category of Service or (c) any combination thereof. In many cases, LevelsRX is not a party to Additional Terms and Conditions, and you will enter into such Additional Terms and Conditions with a third party such as a Practice or Provider. You must comply with the Additional Terms and Conditions.
By accepting these Terms of Use, you additionally understand and agree that LevelsRX is not acting as a pharmacy, nor does LevelsRX control or interfere with any such services. By accepting these Terms of Use, you understand and agree that you may be entering into a relationship with a pharmacy, pharmacist, and/or pharmacy group or other such relationship with any one or more such third-party entities.
Only individuals who are United States residents and are at least 18 years of age and have the right, authority, and capacity to enter into these Terms are permitted to access the Services. Please contact us at support@levelsrx.com if you are a parent or legal guardian of an individual under the age of eighteen (18) who you believe has used the Services without your consent.
You must meet certain additional criteria to be eligible to use certain Services. For more information, see Section 2 above.
You may be required to create an account to access certain parts of the Services (each, an “Account”). To register for an Account, you may be required to provide us with certain information, such as a name and password. By creating an Account, you represent and warrant that any information to create your Account is accurate, current, and complete information, and you further agree to update the information in your Account to keep it accurate, current, and complete. You are solely responsible for safeguarding your Account credentials.
You are solely responsible for all activity that occurs on your Account, and we may assume that any communications, including User Content we receive under your Account have been made by you. You must notify LevelsRX immediately of any breach of security or unauthorized use of your Account. LevelsRX will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by LevelsRX or a third party arising from someone else using your Account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account.
If LevelsRX has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services. We also reserve the right to disable or close any Account at any time and for any reason or for no reason.
You authorize us to collect, use, disclose and otherwise handle your personal information as set forth in our Privacy Notice, which we may modify from time to time.
If you purchase a Subscription to the Services, you will be charged a Subscription fee at the rate presented to you at the time of registration, plus any applicable taxes and other charges (the “Subscription Fee”) at the beginning of your Subscription and automatically at the beginning of each subsequent Subscription period commencing thereafter, at the then-current Subscription Fee.
BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE LEVELSRX TO AUTOMATICALLY INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. The cost of medication is not included in our Testosterone Replacement Therapy (TRT) plan fees. Medication is prescribed only if approved by a licensed clinician and will be billed separately once authorized.
Your Subscription will automatically continue at the interval indicated at registration, and we (or our third-party payment processor) will automatically charge at the beginning of each new Subscription period commencing after the initial Subscription period for your Subscription, using the Payment Information you have provided, unless prior to the end of the current Subscription period:
We may receive updated credit card information (new credit card number or updated expiration date) from your credit card issuer. We may use these new details in order to help prevent any interruption to the Services. If you would like to use a different payment method or if there is a change in payment method, please contact us at support@levelsrx.com or fill out the contact form linked on the joinLevelsRX.com homepage with the subject “change payment method.”
Subscriptions may include additional terms and conditions as may be described at the time of purchase or in other communications we send to you. The Subscription Fee is non-refundable except as expressly set forth in these Terms or in accordance with applicable law. If any Subscription Fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your access to the Services or cancel your Subscription. You will be responsible for paying all past due amounts.
All sales are final. LevelsRX may consider refund requests on a case-by-case basis, and decisions on whether to grant a refund request are in the sole discretion of LevelsRX. If we issue a refund, credit, or discount, we are under no obligation to issue the same or similar refund in the future.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME UNLESS REQUIRED BY LAW.
You may cancel your Subscription up to seventy-two (72) hours before your next Subscription period begins, but please note that such cancellation will be effective at the end of the then-current Subscription period and you cancel only future charges associated with your Subscription.
YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION UNLESS REQUIRED BY LAW. To cancel, you can send an email to cancellation@levelsrx.com.
You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then-current Subscription period (unless we provide you with a refund or otherwise allow you to use the unused portion towards another service or subscription) and will then terminate without further charges.
By selecting a multi-month prepaid membership, you receive discounted pricing in exchange for your commitment to the full term selected. While your membership fee is collected upfront, medications are dispensed and shipped monthly following the completion of your required monthly medical intake. If you request cancellation before the completion of your prepaid term, refunds will be issued as follows:
If you miss a scheduled appointment with a provider or cancel a scheduled appointment with a provider with less than twenty-four (24) hours’ notice, you may be charged a no-show fee or late cancellation. This charge is separate from and in addition to your Subscription Fee. Fees for missed appointments and late cancellations will be charged to your payment card on file automatically. Refunds may be offered on a case-by-case basis.
Members may reschedule appointments by logging into the Provider Portal and selecting a new appointment time. Additionally, members may email support@levelsrx.com to request a new appointment. If you reschedule an appointment with less than twenty-four (24) hours notice, a late cancellation fee may be assessed as described in the “Other Fees” section above.
We may terminate your Subscription at our sole discretion and without any notice. If we cancel your Subscription, we may give you a prorated refund based on the amount of time remaining that you cannot use, provided, however, that we will not be obligated to grant you a refund if we terminate your Account or your Subscription because we determine, in our sole discretion, that your actions or your use of the Services violates these Terms or any applicable law or has harmed another user.
We may change the Subscription terms or Subscription Fees at any time on a going forward basis in our discretion. If the pricing for your Subscription increases, we will notify you, and provide you an opportunity to change your Subscription before applying those changes to your Account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a Subscription. Your continued use of the Services after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may cancel your Subscription. If you accept the new Subscription, its terms and conditions will apply for that renewal and all renewals going forward.
From time to time, we may offer some users trial, discounted, or other promotional Subscription Fees. By participating in a promotional offer, you agree to the additional terms included with the promotional offer and incorporated herein by reference. Such trial or promotional memberships are subject to these Terms except as otherwise stated in the promotional offer, including which users are eligible for the promotional memberships. Only one trial or promotional membership is available per household and may not be combined with any other promotion, except as otherwise stated in the promotional offer. If your Subscription is ever canceled or terminated for any reason, and you purchase an additional Subscription, you may not be eligible to take advantage of another promotional rate offer. If your Subscription includes a discount or promotional rate, you will be charged the promotional rate for the relevant number of Subscription periods, and upon completion of the promotional period, your Subscription will continue to automatically renew at the then-current Subscription Fee. To cancel and avoid being charged the full rate, you must notify us before the discount or promotional period ends. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.
You agree that we may contact you to obtain consent for a testimonial regarding services provided by LevelsRX, Practices, Providers, or Third Party Suppliers. In the event you choose to provide us with a testimonial, you consent to us using your provided testimonial, photo, first name, last initial, and similar information in marketing materials.
Subject to your compliance with these Terms and any other provisions governing your use of the Services, we grant you a non-transferable, non-exclusive, revocable, limited license to access and use the Services for your personal, non-commercial use only. Your use of the Services is at your own risk.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the LevelsRX Content or the Services, except as follows:
All right, title, and interest in and to the Services are and will remain the exclusive property of LevelsRX and its licensors. All materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of LevelsRX and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by LevelsRX and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of LevelsRX and such others.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license to the Services and use of the Services for any purpose not expressly permitted by these Terms is strictly prohibited. LevelsRX reserves all rights not expressly granted by these Terms.
You agree you will not use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by LevelsRX. Without limitation, you agree not to:
LevelsRX has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. LevelsRX may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
LevelsRX respects the intellectual property rights of others and expects its players and the users of its services to do the same. If you believe that any content appearing in the Services and/or User Content has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below.
Please be aware that to be effective, your copyright infringement notification must comply with the Digital Millennium Copyright Act ("DMCA"). You are encouraged to review 17 U.S.C. § 512(c)(3) of the DMCA or consult with an attorney prior to sending a notice hereunder.
To file a copyright infringement notice, you will need to send a written communication that includes the following to the address listed below:
Mailing Address:LevelsRx, LLCATTN: Copyright Infringement Notification8 The Green STE BDover, DE, 19901Email: support@levelsrx.com
Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.
By sending us any feedback, comments, questions, or suggestions concerning LevelsRX, the Services, or us (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties.
By sending us any Feedback, you further:
This Feedback section shall survive any termination of your Account, these Terms, the Services, or your participation in the Services.
Program Name: LevelsRX Text Messaging ServiceYou may sign up to receive certain LevelsRX notifications or information via text messaging. When you opt in, you agree to receive recurring automated or non-automated appointment reminders, account notifications, product updates, promotions, and other relevant informational text messages from us, including messages that may be sent using an automatic telephone dialing system to the mobile telephone number you provide.
Program Name: LevelsRX MarketingYou may sign up to receive certain LevelsRX notifications or information via text messaging. When you opt in, you agree to receive recurring automated or non-automated marketing messages (e.g., promos and cart reminders) from us, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provide.
Important Disclosures:
Additional Notes (Only for LevelsRX Text Messaging Service): Providers or Practice Groups may send you text messages through automated or non-automated means, including marketing text messages that are exempt from consent requirements due to their medical nature. LevelsRX is not responsible for any messages they send. Text the keyword "STOP" to the number you are receiving text messages from to cancel. After texting "STOP," you may receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the "STOP" keyword command and agree that LevelsRX and its service providers will have no liability for failing to honor such requests.
If you unsubscribe from one of our text message programs, you may continue to receive text messages from LevelsRX through any other programs you have joined until you separately unsubscribe from those programs.
Privacy Policy: For more information regarding privacy practices, please review our Privacy Policy here: https://www.LevelsRX.com/privacy-policy
The Services and the LevelsRX Content may include content provided by third parties, including materials provided by bloggers, content creators, medical professionals, nutritionist, or other third parties. All statements and/or opinions expressed in these materials, and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided or prepared by any third parties.
The Services may contain links or otherwise direct you to websites, applications, products or services operated by other parties (“Third-Party Services”). If there are Third-Party Services or other resources linked on these Services, those links are provided only for the convenience of our users. We have no control over the contents of those Third-Party Services or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Third-Party Services linked to or otherwise referenced on the Services, you do so entirely at your own risk and subject to the terms and conditions of use for that Third-Party Service.
You agree to release and to indemnify, defend, and hold harmless LevelsRX and its parents, subsidiaries, affiliates, and agents, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs), claims, actions, inquiries, or investigations of any kind whatsoever arising out of or resulting from your violation of these Terms and Conditions or the terms in our other policies and agreements that you agree to be bound by, your use or misuse of the Services, including, but not limited to, any use of the Services’ content and products other than as expressly authorized, your use of any information obtained from the Services, or your violation of any third party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality. LevelsRX reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with LevelsRX in the defense of such matter.
In the event that you have a dispute with one or more other users, you release LevelsRX, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Services.
If you are a California resident, you waive California Civil Code Section 1542, which provides:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEVELSRX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE SERVICES AND CONTENT AVAILABLE ON THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER LEVELSRX NOR ANY PERSON ASSOCIATED WITH LEVELSRX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, NEITHER LEVELSRX NOR ANYONE ASSOCIATED WITH LEVELSRX REPRESENTS OR WARRANTS THAT THE SERVICES OR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WITHOUT LIMITATION, YOU UNDERSTAND AND AGREE THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY, AND THE SERVICES AND CONTENT PROVIDED THEREIN ARE NOT MEDICAL OR HEALTHCARE ADVICE.
YOU ARE SOLELY RESPONSIBLE FOR THE ACTIONS TAKEN IN YOUR ACCOUNT. LEVELSRX EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
YOU WAIVE AND HOLD HARMLESS LEVELSRX FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LEVELSRX DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LEVELSRX OR LAW ENFORCEMENT AUTHORITIES.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your access to or use of the Services or any third-party content or websites accessed through, or in any way in conjunction with, the Services.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL LEVELSRX, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS LIMITATION OF LIABILITY APPLIES TO ANY ALLEGED OR ACTUAL LOSSES RESULTING FROM:
LEVELSRX’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID LEVELSRX, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE SERVICES, INCLUDING THE CONTENT AVAILABLE WITHIN THE SERVICES, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN AND ARE MATERIAL TO LEVELSRX’S DECISION TO ENTER INTO THE AGREEMENT BETWEEN LEVELSRX AND YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
PLEASE READ THIS “ARBITRATION AND CLASS ACTION WAIVER” SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.
If a dispute arises between you and LevelsRX, we are committed to working with you to reach a reasonable resolution. For any such dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This requires first sending a written description of the dispute to the other party.
If the dispute is not resolved within sixty (60) days after receipt of the written description, you and LevelsRX agree to the further dispute resolution provisions below. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal process.
You and LevelsRX agree that all claims, disputes, or disagreements that may arise out of your access or use of the Services including without limitation (i) the content available within the Services; (ii) these Terms (including its formation, performance, and breach); or (iii) that in any way relate to the provision or use of the Services, your relationship with LevelsRX, or any other dispute with LevelsRX, shall be resolved exclusively through binding arbitration in accordance with this Section 19 (collectively, the “Arbitration Agreement”).
This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth in Section 19(k). This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects and evidences a transaction involving interstate commerce. You and LevelsRX expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.
Except as set forth in this Section 19, the arbitrator or arbitration body, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and this Arbitration Agreement, including, but not limited to any claim that all or any part thereof are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity.
Exceptions to Arbitration: Notwithstanding the parties' decision to resolve all disputes through arbitration, each party retains the right to:
You and LevelsRX agree to submit to the personal jurisdiction of any federal or state court in Orange County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND LEVELSRX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AND LEVELSRX ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SECTION 19(c), ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS LEVELSRX PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.
If there is a final judicial determination that this Section 19(c) is not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or LevelsRX from participating in a class-wide settlement of claims.
The arbitration will be administered by National Arbitration and Mediation (“NAM”) and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider, but in no event shall any arbitration be administered by the American Arbitration Association. Except as modified by this "Arbitration Agreement" provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM.
Only after the parties have engaged in a good-faith effort to resolve the dispute in accordance with the Informal Dispute Resolution Procedure provision, and only if those efforts fail, then either party may initiate binding arbitration.
The arbitrator has the right to impose sanctions for frivolous claims or submissions.
If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents submitted, unless the arbitrator determines that a hearing is necessary. If controversy exceeds $10,000, either party may request a hearing via videoconference or telephone. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public.
To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands presented by the same law firm(s) or organization(s) are submitted to NAM against LevelsRX (“Mass Filing”), the parties agree:
If the batching provision is found to be invalid, the entirety of this Arbitration Agreement shall be null and void.
The results of the first batch of demands will be given to a NAM mediator selected from a group of 5 mediators. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided, LevelsRX, the mediator and the remaining claimants will have 90 days (the “Mediation Period”) to agree on a resolution. If they are unable to resolve the demands during the Mediation Period, either LevelsRX or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court.
The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction. Attorneys' fees will be available to the prevailing party only if authorized under applicable substantive law governing the claims.
If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to litigation, Company will pay any filing and hearing fees in excess of the first $250 you pay that the arbitrator deems necessary. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
IF YOU DO NOT WISH TO BE BOUND BY THE “ARBITRATION AGREEMENT”: 1. Notify LevelsRX in writing within thirty (30) days of first accessing the Services;2. Mail notice to 8 The Green STE B Dover DE 19901 or email support@levelsrx.com;3. Include your name, address, and a clear statement that you wish to opt out.
If you do not timely opt out, such action shall constitute mutual acceptance of these provisions.
The Update Effective Time for changes to this Arbitration Agreement is 11:00 a.m. Eastern time on the 31st day after LevelsRX posts them. Any such changes will apply to all claims not yet filed. If you reject such changes by opting out, any prior existing agreement to arbitrate will not apply to claims not yet filed.
For any dispute not subject to arbitration or under small claims jurisdiction, you and LevelsRX submit to the personal and exclusive jurisdiction of the federal and state courts located in Orange County, California. The Terms and the relationship shall be governed by the laws of the State of California without regard to conflict of law provisions.
LevelsRX is based in the United States and we provide the Services for use only by persons located in the United States. We make no claims that the content is appropriate outside of the United States. If you access from outside, you do so on your own initiative and are responsible for compliance with local laws.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Please contact us at support@levelsrx.com for any questions about these Terms.
Contact us support@levelsrx.com