www.leveluptutorials.com (the “Site”). By using this Site, purchasing products through the
Site, or subscribing to a subscription services through the Site, you ("you" or
"User") agree to the terms and conditions in this Agreement between you and
LevelUpTutorials, LLC ("Level Up Tutorials"). If you do not agree to these outlined
recourse is to discontinue use of the Site.
time in order that you stay informed as to any such changes. If we make changes to our Terms
We strongly suggest that each time you make a purchase through this Site, you re-read the
If you have any questions about these terms, contact us at support@LevelUpTuts.com.
Use of Site/General Purchase Terms
1. Acceptance of Terms. By using the Site, you agree to the terms and conditions in this
Agreement between you and LevelUpTutorials. You must accept the Terms, in full, before using
the Site. You can accept the Terms in one of three ways: (a) by clicking to “accept” or
“agree” to the Terms, where this option is presented or made available to you on the Site; (b)
by actually using the Site; and/or, (c) by making purchases of Level Up Tutorials products,
including any subscriptions services. BY USING THE SITE, YOU AGREE TO THE TERMS, IN FULL. IF
YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITE. EXCEPT AS OTHERWISE PROVIDED, THE TERMS
ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND YOUR CONTINUED USE OF THE SITE, AFTER ANY
CHANGE(S) HAVE BEEN IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGE(S).
Site, you acknowledge that the Internet is not a secure environment and sometimes there are
interruptions in service or events that are beyond the control of Level Up Tutorials and that
communications with Level Up Tutorials can never be guaranteed to be secure. You understand
that any message or information you send to the Site may be read or intercepted by others,
even if there is a special notice that a particular transmission is encrypted. Nonetheless, we
employ reasonable measures to protection your information from unauthorized use or disclosure.
While we make these reasonable precautions against loss or theft of data, Level Up Tutorials
shall not be responsible for any data lost or stolen while transmitting information on the
Internet. While it is Level Up Tutorials’ objective to make the Site accessible 24 hours per
day, 7 days per week, the Site may be unavailable at any time for any reason including,
without limitation, routine maintenance.
3. Use and Restrictions. The Site may be accessed and used only by individuals who are 13
years of age or older, and who are not barred from using the Site under applicable laws. You
may access and use the Site only in accordance with all applicable laws and regulations and
discretion and without notice or any further obligation to you, may temporarily suspend or
permanently discontinue and refuse any and all current and future, access to or use of the
Site. Purchases from the Site and entering into Subscriptions Service agreements may only be
done by individuals 18 and older who can legally enter into binding agreements.
4. Accounts. If you wish to purchase a Subscription Service or a product through the Site, you
will be given the option to create a user account. Such account will keep track of your
purchases, subscriptions, and account information.
5. Passwords. To create an account, you will be required to choose a unique username and
strong passwords. Level Up Tutorials is not responsible for inappropriate sharing of logins
and passwords and further, sharing of login information may result in termination of your use
of the Site.
6. Credit Card Charges. Level Up Tutorials uses Braintree to provide billing services. By
entering your credit card information, you agree and acknowledge that you will be bound by
will be billed a one-time fee, monthly, or annually depending on the products and/or
Subscription Services purchased until such time that this Agreement is terminated.
7. Disputes. You agree to submit any disputes regarding any charge to your account in writing
to Level Up Tutorials within thirty (30) days of such charge, otherwise such dispute will be
waived and such charge will be final and not subject to challenge.
8. Shipping. When you place an order on our Site, we will ship your order to the address
designated by you as long as that shipping address can accept packages. We may require
verification of information prior to the acceptance of any order. We reserve the right,
without prior notice, to limit the order quantity on any product or service, and/or to refuse
service to any customer. At this time, we only ship to addresses located in the continental
9. Returns. All purchases made through the Site are final unless otherwise stated.
10. Risk of Loss. All products purchased on our Site are made pursuant to a shipping contract.
This means that the risk of loss for all items purchased pass to you upon delivery of the
items to the carrier. You are responsible for filing any claims with carriers for damaged
and/or lost shipments.
11. Products Descriptions. In describing and portraying our products on the Site, we attempt
to be as accurate as possible. However, we do not warrant that the product descriptions are
accurate, complete, reliable, current, or error-free. We reserve the right to correct any
typographical errors, inaccuracies, or omissions that may relate to product descriptions,
pricing, and availability from time to time without prior notice. We apologize for any
12. Modifications. Any Products offered on our Site are subject to modification or
discontinuation at any time and from time to time without notice or obligation to you,
provided that any then-in-effect Subscription Services will be billed at the then-in-effect
monthly rate until such time as the Subscription Service renews.
13. Subscription Services. Level Up Tutorials offers two subscription types (collectively,
“Subscription Services”): monthly subscriptions that are billed monthly (“Monthly Billable
Subscriptions”) and annual prepaid subscriptions (“Annual Prepaid Subscriptions”).
14. Monthly Billable Subscriptions. By purchasing a Monthly Billable Subscription, you
acknowledge that your subscription has an initial and recurring payment feature and you accept
responsibility for all recurring charges prior to cancellation. Your subscription will be
automatically extended for successive monthly periods and your payment method will
automatically be charged for each successive monthly period at the then-current subscription
rate. To cancel your Monthly Billable Subscription at any time, you must logon to your account
and follow the cancellation procedures or call or email us and we will do it for you. If you
cancel, you may use your subscription until the end of your then-current subscription term and
you will be billed for the full then-current term. Level Up Tutorials may submit monthly
charges without further authorization from you until you provide notice that you have
terminated this authorization or wish to change your payment method. Such notice will not
affect charges submitted before Level Up Tutorials reasonably could act on any such notice,
which is typically three business day. Should your billing method fail at any time, your
monthly subscription will be suspended until your billing information is updated.
15. Prepaid Subscriptions. By purchasing an Annual Prepaid Subscriptions, you acknowledge that
your subscription has an initial pre-payment feature for twelve months of service. At the end
of the term, your subscription will be automatically extended for another year for Annual
Prepaid Subscriptions. Your payment method will automatically be charged for each successive
term at the then-current subscription rate for the Annual Prepaid Subscription. You may only
cancel any additional terms during the first month of then-in-effect additional subscription
term. You agree and acknowledge that should you cancel in the first month, the price for the
first month may be deducted from any refund to you.
16. Downloads. For all downloadable products, you will be given the option to download the
product up to five times. After five downloads, you must repurchase the product to enable
further downloads. By downloading products, you agree and acknowledge that the use of the
product is personal to you and that you cannot share the products with any other individual.
User and Third Party Content/Communications
17. User Communications and User Content. By submitting material to this Site (“User
Communications”), including, but not limited to, information, suggestions, ideas, concepts,
know-how, techniques, questions, comments or other communication, you warrant that such
content is original to you, that you own all applicable legal rights in such content, and that
the content does not and will not infringe upon the rights of any other person or entity.
Further, by submitting any User Communication, you agree and acknowledge that you have
expressly granted Level Up Tutorials a royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate, and distribute such
material (in whole or in part) worldwide and/or to incorporate it in other works in any form,
media, or technology now known or hereafter developed for the full term of any copyright that
may exist in such material. You also permit any other users to access, view, store, or
reproduce the material if posted in a public area of the Site for that user's personal
use. You hereby grant Level Up Tutorials the right to edit, copy, publish and distribute any
material made available on this Site by you, including, but not limited to, information,
suggestions, ideas, events, comments, commentary, and other postings. You agree that we may
use any User Communication for any purpose in our sole discretion, including reproduction,
transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing
in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that
Level Up Tutorials shall be under no obligation: (a) to maintain any User Communication in
confidence; (b) to pay compensation for any User Communication; and/or, (c) to monitor, use,
return, review or respond to any User Communication. You further agree that you will not
upload, post or otherwise make available on the Site any material protected by copyright,
trademark, patent, trade secret or any other proprietary right without the express permission
of the owner of such copyright, trademark, patent, trade secret or other proprietary right
owned by a third party, and the burden of determining whether any material is protected by any
such right is on you. You shall be solely liable for damage resulting from your account, or
any infringement of copyrights, trademarks, patents, or other proprietary rights, or any
violations of rights of privacy or publicity, or any other harm resulting from any Submission
that you make.
18. No Liability for User Communication. We will have no liability related to the content of
any User Communication, whether or not arising under the laws of copyright, libel, privacy,
obscenity, or otherwise. You warrant, certify, and represent that any individuals depicted in
audio or visual files submitted as part of a User Communication, other than yourself, are of
the age of majority in their respective states of residence; and you grant the right to Level
Up Tutorials to copy, edit, change, revise, display, perform, publish, distribute the
likenesses of those individuals and that you have the authority to attest to this release on
their behalves. In addition, to the extent any User Communication contains your or any other
person's name, likeness, voice or biographical information ("Personal Rights"),
you hereby grant and will cause such other person to grant to Level Up Tutorials a
sublicensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license to (in
any media, whether now known or not currently known or invented) exploit or use such Personal
Rights for any advertising or marketing of Level Up Tutorials products and services (in any
media, whether now known or not currently known or invented). User Communications shall be
considered non-confidential and Level Up Tutorials is under no obligation to treat such User
Communications as proprietary information except pursuant to Level Up Tutorials’ Privacy
Policy applicable to personally identifiable information. If any of the individuals depicted
in any User Communication are minors in their respective states of residence, you certify,
warrant and represent that you are the parent or legal custodian of each such individual and
you grant the use of the media containing his/her depiction in accordance with the Terms.
19. User Content. When submitting User Communications to or otherwise using the Site, you
agree not to, without limitation: (a) defame, abuse, harass, stalk, threaten, or otherwise
violate the legal rights (such as rights of privacy and publicity) of others; (b) use
racially, ethnically, or otherwise offensive language; (c) discuss or incite illegal activity;
(d) use explicit/obscene language or solicit/post sexually explicit images (actual or
simulated); (e) post anything that exploits children or minors or that depicts cruelty to
animals; (f) post any copyrighted or trademarked materials without the express permission from
the owner of such copyright or trademark; (g) post any person's name, likeness, voice or
biographical information without the express permission from such person (or if that person is
a minor, from that person's parent or legal guardian); (h) disseminate any unsolicited or
unauthorized advertising, promotional materials, 'junk mail', 'spam',
'chain letters', 'pyramid schemes', or any other form of such
solicitation; (i) use any robot, spider, scraper or other automated means to access the Site;
(j) take any action that imposes an unreasonable or disproportionately large load on our
infrastructure; and/or (k) alter the opinions, goals, profiles or comments posted by others on
the Site. This list of prohibitions provides examples and is not complete or exclusive. Level
Up Tutorials reserves the right in its sole discretion to (a) terminate your access to your
account; (b) terminate your ability to post to the Site (or the services) and (c) refuse,
delete, modify, edit or remove any User Communications; with or without cause and with or
without notice, for any reason or no reason, or for any action that Level Up Tutorials
determines is inappropriate or disruptive to this Site or to any other user of the Site and/or
services. Level Up Tutorials may report to law enforcement authorities any actions that may be
illegal, and any reports it receives of such conduct. When legally required or at Level Up
Tutorials’ discretion, Level Up Tutorials will cooperate with law enforcement agencies in any
investigation of alleged illegal activity on the Site or on the Internet.
20. Third Party User Communications. Level Up Tutorials takes no responsibility and assumes no
liability for any User Communications posted or uploaded by you or any third party, or for any
mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or
profanity you may encounter. As a provider of products and reviews, Level Up Tutorials is only
a forum and is not liable for any statements, representations, or User Communications provided
by its users in any public forum or personal home page. These prohibitions do not require
Level Up Tutorials to monitor, police, or remove any User Communications or other information
submitted by you or any other user.
21. Links to Third Party Websites. The Site may contain links to websites and other resources
operated by third parties other than Level Up Tutorials. Such links are provided solely as a
convenience to you. Level Up Tutorials does not control such websites, and is not responsible
for the content, products, services, or information offered by any third parties. The
inclusion of links to such websites on the Site does not imply any endorsement of any website
or the content, products or services offered, advertised, endorsed or promoted by any third
party, or of any company or person. If you decide to access any third party websites or
acquire any third party products or services, you do so entirely at your own risk, and you may
be subject to the terms and conditions and the privacy policies imposed by such third parties.
22. PRODUCT LIABILITY. IN NO EVENT WILL LEVEL UP TUTORIALS BE LIABLE TO YOU FOR ANY DAMAGES
CAUSED BY THE USE OF PRODUCTS ON THIS SITE. YOU UNDERSTAND THAT THE PRODUCTS YOU ARE BUYING
THROUGH THIS SITE IF USED INCORRECTLY OR AGAINST THE RECOMMENDED USE MAY BE HAZARDOUS TO YOUR
HEALTH, INCLUDING YOUR FINANCIAL HEALTH, OR SOMEONE ELSE'S. YOU AGREE AND ACKNOWLEDGE
THAT IT IS YOUR RESPONSIBILITY TO USE THE PRODUCTS IN A SAFE MANNER. YOU TAKE FULL
RESPONSIBILITY FOR THE USE OF ANY PRODUCT YOU BUY THROUGH THIS SITE AND AGREE TO INDEMNIFY AND
HOLD HARMLESS LEVEL UP TUTORIALS FOR ANY INJURIES CAUSED BY THE USE OF SUCH PRODUCTS.
23. WARRANTIES AND DISCLAIMER. THE SITE, USER COMMUNICATIONS, AND ANY CONTENT PROVIDED VIA THE
SITE, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEVEL UP TUTORIALS
DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO
THE SITE, USER COMMUNICATIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS,
COMPUTER VIRUSES, OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES
OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, LEVEL UP
TUTORIALS DOES NOT REPRESENT OR WARRANT THAT THE SITE, USER COMMUNICATIONS, CONTENT OR ANY
PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE,
COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT THE TIME
OF ORDER. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO LEVEL UP TUTORIALS THAT YOU
ADDITION, THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR
CURRENT. LEVEL UP TUTORIALS THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES
OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION
AT ANY TIME WITHOUT PRIOR NOTICE.
24. LIMITATION OF LIABILITY. LEVEL UP TUTORIALS AND ITS PARENT, AFFILIATES, SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT
BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR
CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY
DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY,
INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES
IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS,
VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR CONDITIONS, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS TO THOSE CONTAINED HEREIN.
Intellectual Property Information
25. Ownership of the Site, Content, and Trademarks. The Site is owned and controlled by Level
Up Tutorials and unless otherwise agreed in writing, all materials on our Site, including
text, graphics, information, content, images, illustrations, designs, icons, photographs,
video clips, sounds, music, artwork, computer code, and other materials, and the copyrights,
trademarks, trade dress, and/or other intellectual property rights in such materials
(collectively, the “Content”), are owned, controlled, and/or licensed by Level Up Tutorials.
The Site and Content are intended solely for your personal, non-commercial use. You may not
download and/or copy any of the Content without permission from Level Up Tutorials unless such
permission is explicitly granted on the Site. Any permitted downloads or permitted copies of
the Content are for your personal use only. No right, title, or interest in any downloaded
and/or copied Content is transferred to you as a result of any such downloading and/or
copying. You may not reproduce (except as noted above or on the Site), publish, transmit,
distribute, display, perform, alter, modify, create derivative works from, sell, exploit,
and/or otherwise use any of the Content or the Site for any public or commercial purpose.
Level Up Tutorials also owns a copyright in the selection, coordination, arrangement, and
enhancement of such content, as well as in the content original to it. You may not modify,
publish, transmit, participate in the transfer or sale, create derivative works, or in any way
exploit, any of the content, in whole or in part. You may not upload or republish Site Content
on any Internet, Intranet, or Extranet site or incorporate the information in any other
database or compilation. LevelUpTutorials does not permit use of any data mining, robots,
scraping, and/or similar data-gathering or extraction methods. Certain trademarks, trade
names, service marks, and logos used or displayed on this Site are registered and unregistered
trademarks, trade names, and service marks of Level Up Tutorials and its affiliates. Other
trademarks, trade names, and service marks used or displayed on this Site are the registered
and unregistered trademarks, trade names, and service marks of third parties. Nothing
contained on the Site grants or should be construed as granting, by implication, estoppel, or
otherwise, any license or right to you to use any such trademarks, trade names, service marks,
or logos displayed on such Site.
26. Trademark. All trademarks, service marks, trade names, logos and trade dress, whether
registered or unregistered including, but not limited to, Level Up Tutorials,
LevelUpTutorials.com, Level Up, and our logo (collectively the "Marks") that appear
on the Site are proprietary to Level Up Tutorials or such Marks' respective owners. You
may not display or reproduce the Marks other than with the prior written consent of Level Up
Tutorials, and you may not remove or otherwise modify any trademark notices from any Content.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks,
service marks, trade names and/or trade dress of Level Up Tutorials or their respective
owners, and may not be copied, imitated, or used, in whole or in part, without the prior
written permission of Level Up Tutorials.
27. Copyright, Trademark, and Intellectual Property Complaints. Level Up Tutorials respects
the intellectual property rights of others. We are committed to complying with copyright and
related laws, including the Digital Millennium Copyright Act (DMCA), and we require all users
of the Site to comply with these laws. Accordingly, you may not upload, post, store any
material or content on, disseminate any material or content over, or otherwise transmit to or
on the Site in any manner material that constitutes an infringement of third party
intellectual property rights, including but not limited to, rights granted by copyright law.
You may not post, modify, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information belonging to others without obtaining the prior
written consent of the owner of such proprietary rights. When Level Up Tutorials receives
proper Notification of Alleged Copyright Infringement, Level Up Tutorials promptly removes or
disables access to the allegedly infringing material upon conclusion the material infringes
upon another rights and terminates the accounts of repeat infringers as described herein in
accordance with the Digital Millennium Copyright Act. If you believe that any material on the
Site infringes upon any copyright that you own or control, please see contact us at
support@LevelUpTutorials.com for more information on how to report infringement of your
copyright. LevelUpTutorials may, at its sole discretion, terminate any Users who are deemed by
Level Up Tutorials to be have committed copyright infringement, whether or not there is any
28. Termination of Agreement. Level Up Tutorials may terminate this Agreement at any time.
Without limiting the foregoing, Level Up Tutorials shall have the right to immediately
terminate your use of this Site in the event of any conduct by you that Level Up Tutorials, in
its sole discretion, considers to be unacceptable, or in the event of any breach by you of
29. Termination of Use of Site if Under 13. Level Up Tutorials may terminate your use of the
Site, delete any content or information that you have posted on the Site, refuse any orders,
and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time
in its sole discretion, with or without notice, including if it believes that you have
accessed this Site and are under 13 year of age or violate these Terms of Service.
30. Waiver. No action taken pursuant to this Agreement, including any investigation by or on
behalf of any party, shall be deemed to constitute a waiver by the party taking such action of
compliance with any representation, warranty, covenant, or agreement contained herein or
therein and in any documents delivered in connection herewith or therewith. The waiver by any
party hereto of a breach of any provision of this Agreement shall not operate or be construed
as a waiver of any subsequent breach.
31. Time for Claims. YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING
WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH
DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
32. Headings. The headings and captions of this Agreement are for convenience and reference
only and in no way define, describe, extend, or limit the scope or intent of this contract, or
the intent of any provisions hereof.
33. Severability. If a court of competent jurisdiction holds any provision of this Agreement
invalid, such invalidity shall not affect the enforceability of any other provisions contained
in this Agreement and the remaining portions of this Agreement shall continue in full force
34. Governing Law; Venue and Jurisdiction. By using the Site and/or purchasing products from
this Site, you agree that the laws of the State of Colorado, without regard to principles of
between you and Level Up Tutorials. You agree not to commence or prosecute any action in
connection therewith other than in the state and federal courts of Denver, Colorado, and you
hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non
conveniens with respect to, venue and jurisdiction in the state and federal courts of
35. Indemnity. You agree to indemnify and hold Level Up Tutorials, its subsidiaries and
affiliates, and each of their directors, officers, agents, contractors, partners, and
employees, harmless from and against any loss, liability, claim, demand, damages, costs, and
expenses, including reasonable attorneys fees, arising out of or in connection with any use of
the Site, your conduct in connection with the Site, or with other users of the Site, or any
violation of this Agreement or of any law or the rights of any third party.
36. No Assignment. No modification or amendment of this Agreement shall be valid unless in
37. Successors and Assigns. Rights and obligations created by this contract shall be binding
upon and inure to the benefit of the parties hereto, their successors and assigns.
38. Number and Gender. Whenever used, the singular number shall include the plural, the plural
the singular, and the use of any gender shall include all genders.
39. Definitions and Constructions. Unless otherwise specified, the terms "includes",
"including", "e.g.,", "for example", and other similar terms are
deemed to include the term "without limitation" immediately thereafter. Terms used
in this Agreement with the initial letter(s) capitalized will have the meaning attributed to
them in this Agreement.
40. Electronic Communications. You consent to receive electronic communications from Level Up
Tutorials either in the form of email sent to you at the email address listed on your account
or by communications posted on the Site. You acknowledge and agree that any electronic
communication in the form of such email or posting on the Site shall satisfy any legal
requirement that such communication be in writing.