Terms of Use

TERMS AND CONDITIONS LevelUp®, a division of Whalen Furniture Manufacturing, Inc. (“Whalen Furniture”), LEGAL NOTICE (Terms of Use) This legal notice applies to all proprietary material throughout this Internet site (“Site”).

Intellectual Property
Unless otherwise noted, product names, designs, logos, titles, text, images, audio, or video within this Site are the trademarks, service marks, trade names, or other property of Whalen Furniture Manufacturing, Inc. All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, or otherwise, any license or right to use any of Whalen Furniture’s Intellectual Property displayed on the Site without the written permission of Whalen Furniture.
Whalen Furniture operates this Site to provide online access to information about LevelUp® and its products and services (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Whalen Furniture reserves the right to modify this Agreement at any time without notice. Your use of the Site, following any such modification, constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear, or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about LevelUp® products and services. No right, title, or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Whalen Furniture reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws and belong to Whalen Furniture, its partners, affiliates, contributors, or third parties. The copyrights in the Content are owned by Whalen Furniture, or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Whalen Furniture. You may not manipulate or alter in any way images or other Content on the Site.

Trademarks
You are prohibited from using any of the marks, or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

Links to Third-Party Web Sites
Links on the Site to third-party websites, or information, are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Whalen Furniture of the third party, the third-party website, or the information contained therein. Whalen Furniture is not responsible for the availability of any such websites. Whalen Furniture is not responsible or liable for any such website or the content thereon. If you use the links to the websites of Whalen Furniture affiliates or service providers, you will leave the website and will be subject to the terms of use and privacy policy applicable to those websites.

Downloading Files
Whalen Furniture takes proactive steps to ensure that all downloadable content is free from infection from software viruses or malware. However, Whalen Furniture cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files, or programs. Users are downloading the content at their own risk, and Whalen Furniture advises that the users maintain anti-virus and/or anti-malware software on their local machines to protect themselves from any harmful computer code, files, or programs.

Disclaimer of Warranties
WHALEN FURNITURE MANUFACTURING, INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE, OR THE CONTENT. WHALEN FURNITURE MANUFACTURING, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. WHALEN FURNITURE MANUFACTURING, INC. DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. WHALEN FURNITURE MANUFACTURING, INC. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation of Liability
IN NO EVENT WILL WHALEN FURNITURE MANUFACTURING, INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND / OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF WHALEN FURNITURE MANUFACTURING, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, WHALEN FURNITURE MANUFACTURING, INC.’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend, and hold harmless Whalen Furniture, its subsidiaries, affiliated companies, joint venture or business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

Privacy
Click here to see Whalen Furniture’s Privacy Policy.

User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others, or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

Unsolicited Idea Submission Policy
Whalen Furniture, or any of its employees, does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should Whalen Furniture’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to LevelUp® or Whalen Furniture, or to anyone at LevelUp® or Whalen Furniture. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, your idea will automatically become the property of Whalen Furniture, without any compensation to you; Whalen Furniture will have no obligation to return your idea to you or respond to you in any way; Whalen Furniture will have no obligation to keep your idea confidential; and Whalen Furniture may use your idea for any purpose whatsoever, including giving your idea to others. However, Whalen Furniture does welcome feedback regarding many areas of Whalen Furniture’s existing businesses that will help satisfy customer’s needs, and feedback can be provided through the many listed contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section.

User Supplied Information
Whalen Furniture does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us, or post to the Site, (each a Submission” or collectively “Submissions”) will be considered non-confidential and non-proprietary. For all Submissions, you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and you give Whalen Furniture the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

Password Security
If you register to become a levelupgear.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

General Provisions
Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Whalen Furniture of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Correction of Errors and Inaccuracies. The Content may contain typographical errors, or other errors or inaccuracies, and may not be complete, or current. Whalen Furniture, therefore, reserves the right to correct any errors, inaccuracies, or omissions and to change or update the Content at any time without prior notice. Whalen Furniture does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.

Enforcement / Choice of Law / Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Whalen Furniture’s Privacy Policy, your use of the Site, any other Whalen Furniture website, the Service, or the Content, are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws provisions.

Unaffiliated Products, Sites, and Links
The links on this Site to other sites owned or operated by parties other than Whalen Furniture are provided for your convenience only. Whalen Furniture has not reviewed all material linked to the Site and is not responsible for the content of any such material. Whalen Furniture does not control, and is not responsible for the availability or content of these external sites, or the security of such sites. Whalen Furniture does not endorse the content, or any products or services available on such sites. If you link to such sites, you do so at your own risk.

Termination
Whalen Furniture may modify, or discontinue the Site with or without notice to you and without liability to you or any third party.