Order by 12/14 to Ensure Delivery by Christmas

Search

Terms and Conditions

Last updated date: October 19th, 2021

Read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.levelactive.co website or participating in its Mobile Program (collectively called the “Service”) operated by Level Active, LLC, a Delaware limited liability company. (“us”, “we”, or “our”).

 

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

You agree to be bound by these Terms by accessing or using the Service. If you disagree with any part of the Terms, then you do not have permission to access the Service.

 

Purchases

You may be asked to supply information relevant to your Purchase if you wish to purchase any product or service made available through the Service (“Purchase”). This may include, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By providing this information, you represent and warrant: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. You grant us the right to provide the aforementioned information to these third-parties, subject to our Privacy Policy, by submitting your information.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or any other reason. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

Refunds

While we wish all of our customers love our apparel collections, we have a return policy in place if you are not completely satisfied with your purchase. Please follow the return policy for the items you wish to return after determining if the condition meets our standards. All apparel items must be unworn, unwashed, and undamaged to be assessed for a refund. Each return will be reviewed for compliance with the policy before initiating a refund. Once your return is complete, please visit our website to purchase a new order for your items.

 

 

Replacements

It happens very infrequently, but if we send you the wrong product, please let us know within 30 days of receiving your order and we’ll send you a replacement.

 

To request a refund or replacement

You may use our self-service portal found here. Or contact our customer service team at support@levelactive.co with the following information:

Name:

Email address used to place your order:

Order Number:

Reason for the Request:

 

SMS/MMS Marketing Terms and Conditions

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Level Active, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. Level Active reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Level Active also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Level Active, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to our Privacy Policy.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Cancellation
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will 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, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Level Active 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 Level Active through any other programs you have joined until you separately unsubscribe from those programs.

Help
Text the keyword HELP to our shortcode to return customer care contact information.

Customer Care
If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email support@attentivemobile.com.

Contact
This message program is a service of Level Active, located at 10121 SE Sunnyside Rd Suite 300, Clackamas, Oregon 97015.

Dispute Resolution

  1. General. In the interest of resolving disputes between you and Level Active in the most expedient and cost effective manner, you and Level Active agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Level Active or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Level Active or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Level Active ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
  2. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Level Active to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
  3. Arbitrator. Any arbitration between you and Level Active will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Level Active. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
  4. Notice; Process. If you or Level Active intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Level Active address for Notice is: 10121 SE Sunnyside Rd Suite 300, Clackamas, Oregon 97015, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Level Active will make good faith efforts to resolve the claim directly, but if you and Level Active do not reach an agreement to do so within 30 days after the Notice is received, you or Level Active may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Level Active must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Level Active will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Level Active for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Level Active agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Level Active made within 14 days of the arbitrator's ruling on the merits.
  5. No Class Actions. YOU AND Level Active AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Level Active agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
  6. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Level Active makes any future change to this arbitration provision, other than a change to Level Active address for Notice, you may reject the change by sending us written notice within 30 days of the change to Level Active address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Level Active.
  7. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

Subscriptions & Automatic Renewal

By purchasing a Monthly Subscription, you agree to both an initial and recurring Monthly Subscription for products at the then-current Monthly Subscription rate. You accept responsibility for all recurring charges until you cancel your subscription. You can cancel your subscription at any time after three shipments. In the event you cancel your subscription, you will not be refunded any amount, pro-rata or otherwise. However, you will not incur any additional charges. Discount codes and promotions are not applicable to subscription orders. Subscription orders are subject to processing times. Customers will be allowed to skip one shipment during the initial three month subscription period. After the three shipments have been delivered, the customer will have one additional skip for the duration of the subscription.

Automatic Monthly Renewal Terms: We will automatically process your payments, and will charge your credit card, for the then current Monthly Subscription rate, until you cancel your subscription. We explain how to cancel your subscription below.

If Level Active, LLC does not receive payment from your credit card provider, or your credit card is rejected or expires, you will pay all amounts due upon demand. Level Active, LLC may allow you to provide a second credit card in such an event. In the event you do so, you authorize us to charge your outstanding balance and other amounts due against any credit card you have on file with us.

In order to cancel your subscription, please email us at support@levelactive.co 72 hours before next billing date.

Availability, Errors and Inaccuracies

We continually update our product and service offerings on the Service. Delays in updating information on the Service and in our advertising on other web sites may occur. Thus, information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service. We cannot guarantee the accuracy or completeness of any information found on the Service.

Accordingly, we reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules separate from these Terms Conditions. By participating in any Promotions, you represent you reviewed the applicable rules, our Privacy Policy, and agree to them. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Accounts

You may create an account with us.  By doing so, you represent and warrant you are 18 years old or older and the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password. This includes limiting access to your internet connected devices and/or account. You agree to accept responsibility for all activities or actions occurring under your account and/or password, whether your password is with our Service or a third-party service. If you become aware of any breach of security or unauthorized use of your account, you must notify us immediately.

You cannot adopt and use a username that is the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You cannot adopt or use an offensive, vulgar, or obscene username.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Copyright Policy

We respect the intellectual property rights of others. Our policy is to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to contact@levelactive.co, with the subject line: “Copyright Infringement.” You must include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims” Misrepresentation or bad-faith claims may result in your being held accountable for damages (including costs and attorneys’ fees).

DMCA Notice and Procedure for Copyright Infringement Claims

To submit a notification to the Digital Millennium Copyright Act (DMCA), provide our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at support@levelactive.co

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Level Active, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Level Active, LLC, and its licensors’, trademarks and trade dress may not be used in connection with any product or service without its prior written consent.

Links To Other Web Sites

The Service may contain links to third-party web sites or services neither owned nor controlled by Level Active, LLC. Level Active, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. Level Active, LLC does not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Level Active, LLC will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

Level Active, LLC strongly advises you to read the terms and conditions and privacy policies of any third-party web sites or services you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Level Active, LLC and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Limitation Of Liability

In no event will Level Active, LLC, its employees, its partners, agents, its suppliers, or its affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Level Active, LLC has been informed of the possibility of such damage, and even if a remedy set forth here is determined to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS”; and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, accuracy of content, fact, or opinion, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Level Active, LLC, its subsidiaries, its affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Disclaimer Concerning Opinions & FDA Evaluation

By using the Services, you understand and accept Level Active, LLC is not a doctor, medical professional, licensed nutritionist, or registered dietician. The Services are a reflection of its personal beliefs and opinions, based on research it has reviewed in the food and fitness industry.

By using the Services, you understand and accept statements within the Services have not been evaluated by the Food and Drug Administration. No products or information are intended to diagnose, treat, cure or prevent any disease.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Notice for California Users

Users of the Service from California are provided this consumer rights notice under Cal. Civ. Code § 1789.3: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at support@levelactive.co.

Residents of California may have certain rights under the California Consumer Protection Act. See our Privacy Policy.

Governing Law

These Terms will be governed and construed in accordance with the laws of Oregon, United States, without regard to its conflict of law provisions.

Level Active, LLC’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements Level Active, LLC might have had between us regarding the Service.

Dispute resolution, informal efforts, arbitration, and class actions

Level Active, LLC is always interested in the amicable and efficient resolution of any disputes. Accordingly, prior to seeking any relief from any outside source, you agree to contact it, as provided below, and provide it with no less than thirty-days to resolve the dispute. In the event its efforts are unsatisfactory to you, then you must first send it a written notice of dispute, by certified mail, to 7023 McEwan Rd Lake Oswego OR 97035. Your written notice of dispute must include a description of the nature and basis of your claim or dispute and set forth the specific relief you seek. If you and Level Active, LLC are unable to resolve the claim within sixty calendar days after Level Active, LLC receives the notice, you or Level Active, LLC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Level Active, LLC will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Level Active, LLC is entitled.

Notwithstanding the foregoing, you agree that any and all disputes or claims that have arisen or may arise between you and Level Active, LLC, whether arising out of or relating to this Terms and Conditions (including any alleged breach thereof), the Privacy Policy, the Services, any advertising, any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration to the exclusion of any other dispute resolution entity or process. However, neither Level Active, LLC nor this provision preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against Level Active, LLC on your behalf. You agree that, by entering into these Terms and Conditions, you are waiving any right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate disputes. Arbitration will be conducted under the American Arbitration Association’s rules and procedures, as modified by these Terms.

Class Actions Prohibited

You agree and understand that you may only bring a claim against Level Active, LLC on an individual basis. You are not able to bring a claim against Level Active, LLC as a plaintiff or class member in any purported class or representative action or proceeding. Unless Level Active, LLC agrees in writing, no arbitrator may consolidate or join more than one person’s claim. Unless Level Active, LLC agrees in writing, no arbitrator may preside over any form of a consolidated proceeding. Unless Level Active, LLC agrees in writing, no arbitrator can award relief (including monetary, injunctive, and declaratory relief) in excess of the amount and scope necessary to provide relieve necessitated by your individual claim, except that you may pursue a claim for, and an arbitrator may award, public injunctive relief to the extent necessary to sustain the enforceability of this provision.

Changes

Level Active, LLC reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material. If we make material changes to these Terms, we will give you notice of such changes by posting the revised policy on this Website, and where appropriate, by other means. By continuing to use this Website or the Service after these changes are posted, you agree to the revised policy.

Contact Us

If you have any questions about these Terms, please contact us:
By email: support@levelactive.co