Terms of Use Agreement

Last Updated: Aug 22, 2023

This Terms of Use Agreement (this “Agreement”) is an agreement between you and Levels Fyi Inc., (“Levels.fyi,” “we,” “us” or “our”). This Agreement applies to the levels.fyi website and any other websites of Levels.fyi (the “Website”), the Levels.fyi mobile application (the “Application”) and the Levels.fyi services, including any software, tools or other features offered by Levels.fyi (collectively, and together with the Website and Application, the “Services”). This Agreement applies to all users of the Services (“Users”), including registered Users and Users accessing the Services as an unregistered User.

BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, BROWSING THE WEBSITE, DOWNLOADING THE APPLICATION, OR ACCESSING OR CONTINUING TO USE OUR SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH LEVELS.FYI, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY, OR, IF YOU HAVE NAMED AN ENTITY AS THE USER, YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF  SUCH ENTITY AND TO BIND THAT ENTITY TO THIS AGREEMENT AND THE PRIVACY POLICY. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE OR APPLICATION, WHETHER A CONSUMER USER OR AN ENTERPRISE USER (AS DEFINED BELOW).  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE PLATFORM.

PLEASE BE AWARE THAT SECTION 20 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND LEVELS.FYI. AMONG OTHER THINGS, SECTION 20 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION.  SECTION 20 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.  PLEASE READ SECTION 20 CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.  

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY LEVELS.FYI IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, Levels.fyi will make a new copy of the Terms of Use Agreement available on the Website. We will also update the “Last Updated” date at the top of the Terms of Use Agreement. Levels.fyi may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

  1. USE OF THE SERVICES
    1. Generally. The Services are designed to allow Registered Users (as defined below) to upload, view and compare data on salaries and compensation packages across a range of job titles and employers. This information can be used to target the promotion of third party job listings. The Services also include online public and community forums as well as access to coaches, subject to an additional charge. The software, all Levels.fyi provided data, workflow processes, user interface, designs and other technologies and data provided to User by Levels.fyi, including the Services and Salary Data (as defined below), are the proprietary property of Levels.fyi and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with Levels.fyi (or its licensors as the case may be). User may not remove or modify any proprietary marking or restrictive legends in the Services or Salary Data. Levels.fyi reserves all rights unless expressly granted in the Agreement. The Agreement does not grant User any ownership rights in or to the Services or Salary Data. 
    2. Salary Data Provided by Levels.fyi.  Levels.fyi may provide you with certain data and information regarding estimated salaries for a given job title (“Salary Data”). Salary Data is given for informational purposes only and without warranty and is subject to change or varying levels of accuracy. Please note that all Salary Data figures are approximations based upon multiple third party submissions to Levels.fyi and Levels.fyi does not independently verify any such information. Salary Data figures are made available to Users for the purpose of generalized comparison only. LEVELS.FYI ASSUMES NO RESPONSIBILITY, AND DISCLAIMS ALL LIABILITY FOR THE CONTENT, ACCURACY COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OF THE SALARY DATA. 
    3. User Data.  All data and information regarding a User’s salary (including, but not limited to offer letters, yearly compensation statements, form W-2s, promotion summaries) uploaded or otherwise submitted to the Services by User (“User Data”) will remain the property of User. User represents and warrants to Levels.fyi that (i) it has full power and authority to enter into the Agreement and to convey all rights granted to Levels.fyi under the Agreement, including all rights in and to the User Data, and (ii) User Data either does not contain or has been redacted to remove Prohibited Data (as defined below). User grants Levels.fyi the right to use, modify and anonymize and aggregate User Data for purposes of providing and improving the Services, including, but not limited to providing aggregated and anonymized compensation analysis and information. Such aggregated and anonymized compensation analysis and information is deemed Salary Data, owned by Levels.fyi, and is not considered User Data. Levels.fyi will never share any User Data provided to Levels.fyi other than in an aggregated and anonymized format in accordance with this Agreement. No compensation in any form shall be due or payable to you in connection with Levels.fyi’s exercise of its rights granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, Levels.fyi’s exercise of these rights, you hereby waive any and all rights to such compensation to the maximum extent permitted under applicable law.
    4. Application License. Subject to your compliance with the Agreement, Levels.fyi grants you a limited non-exclusive, non-transferable, non-sub-licensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes.  Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Application access through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.
    5. Updates.  You understand that the Services are evolving. As a result, Levels.fyi may require you to accept updates to Applications that you have installed on your computer or mobile device. You acknowledge and agree that Levels.fyi may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.
    6. Levels.fyi Communications.  By entering into this Agreement or using the Services, you agree to receive communications from us, including via email, and push notifications. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account (as defined below) or the use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning Levels.fyi and industry developments. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
  2. USE RESTRICTIONS.
    1. Prohibited Data.  User agrees not to use the Services to store, transmit, process, or otherwise handle (a) infringing material, unsolicited marketing emails, libelous material, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights, and (b) social security numbers, passport numbers, driver’s license or other government identification numbers, physical or mental health information or other information subject to the Health Insurance Portability and Accountability Act or similar legislation, personal financial account information, debit or credit card numbers, or other information subject to the Gramm-Leach-Bliley Act or similar legislation, or any Special Categories of Data under applicable EEA data protection regulations (combined, “Prohibited Data”). User Data and Confidential Information expressly exclude Prohibited Data. LEVELS.FYI DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO ANY PROHIBITED DATA UPLOADED OR OTHERWISE MADE AVAILABLE BY YOU THROUGH THE SERVICES.
    2. Certain Restrictions.  The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials) or otherwise use site data to train any artificial intelligence or machine learning models; (d) You shall not access the Services in order to build a similar or competitive website, application or service;  (e) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (f) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. 

Any future release, update or other addition to the Services shall be subject to the Agreement.  Levels.fyi, its suppliers and service providers reserve all rights not granted in the Agreement.  Any unauthorized use of the Services terminates the licenses granted by Levels.fyi pursuant to the Agreement

  1. REGISTRATION.
  1. Registering Your Account.  In order to access certain features of the Services you may be required to become a Registered User.  For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Website or Application (“Account”).
    1. A “Consumer Account” is a user Account for a consumer to use and access the Services and Salary Data for his or her own non-commercial personal use. In creating a Consumer Account, we ask that you provide complete and accurate information about yourself, and maintain and promptly update such information to keep it true, accurate, current and complete. You may not impersonate someone else, create or use an Account for anyone other than yourself, provide an email address other than your own, or create multiple Accounts. A user who registers for a Consumer Account is a “Consumer User”.  
    2. An “Enterprise Account” is a user Account for an individual working for an employer seeking to use and access the Services, Salary Data or any of our paid services for its internal business purposes (each, an “Employer”). In creating an Enterprise Account, we ask that you (i) provide complete and accurate information about yourself, (ii) register with an email address associated with the employer; and (iii) maintain and promptly update such information to keep it true, accurate, current and complete. You may not impersonate someone else, create or use an Account for anyone other than yourself, provide an email address other than your own, or create multiple Accounts associated with your employer. A user who registers for an Enterprise Account is an “Enterprise User”. 
  2. Registration Data.  You represent that you are (a) of legal age to form a binding contract; and (b) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction.  You are responsible for all activities that occur under your Account; provided that Employers are responsible for those activities occurring under Enterprise Accounts.  You may not share your Account or password with anyone, and you agree to (i) notify Levels.fyi immediately of any unauthorized use of your password or any other breach of security; and (ii) exit from your Account at the end of each session.  If you provide any information that is untrue, inaccurate, not current or incomplete, or Levels.fyi has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Levels.fyi has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.  You agree not to create an Account or use the Services if you have been previously removed by Levels.fyi, or if you have been previously banned from any of the Services.
  3. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.  
  1. OWNERSHIP.
    1. Trademarks. “Levels.fyi”, and other related graphics, logos, trademarks, service marks and trade names used on or in connection with the Services are the trademarks of Levels.fyi and may not be used without permission in connection with any third-party products or services.  Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
    2. Other Content.  Except with respect to User Content (as defined below) and User Data, you agree that you have no right or title in or to any content or other data that appears on or in the Services.
    3. Feedback.  You agree that submission of any ideas, suggestions, documents, and/or proposals to Levels.fyi through its suggestion, feedback, forum or similar pages (“Feedback”) is at your own risk and that Levels.fyi has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to Levels.fyi a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Levels.fyi’s business.
  2. RESPONSIBILITY FOR CONTENT.
    1. Types of Content.  You acknowledge that any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials facilitated through the Services, including User Data (collectively, “Content”) is the sole responsibility of the party from whom such Content originated.  This means that you, and not Levels.fyi, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Services (“Your Content”), and that you and other Registered Users of the Services, and not Levels.fyi, are similarly responsible for all Content that you and they Make Available through the Services (“User Content”). For avoidance of doubt, User Content does not include User Data. 
    2. No Obligation to Pre-Screen Content.  You acknowledge that Levels.fyi has no obligation to pre-screen Content (including, but not limited to, User Content), although Levels.fyi reserves the right in its sole discretion to pre-screen, refuse or remove any Content.  By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. Without limitation of any non-waivable privacy rights that you may have under applicable law, you acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, video conference or voice communications.  In the event that Levels.fyi pre-screens, refuses or removes any Content, you acknowledge that Levels.fyi will do so for Levels.fyi’s benefit, not yours.  Without limiting the foregoing, Levels.fyi shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.
    3. Storage.   Unless expressly agreed to by Levels.fyi in writing elsewhere, Levels.fyi has no obligation to store any of Your Content that you Make Available on the Services. Except for Levels.fyi’s obligations under applicable privacy laws and commitment to handle your personal information as described in Levels.fyi’s Privacy Policy, Levels.fyi has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. Certain functions of the Services may enable you to specify the level at which such functions restrict access to Your Content.  You are solely responsible for applying the appropriate level of access to Your Content.  If you do not choose, the system may default to its most permissive setting.  You agree that Levels.fyi retains the right to create reasonable limits on Levels.fyi’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Services and as otherwise determined by Levels.fyi in its sole discretion.
  3. USER CONDUCT. As a condition of use, you agree not to use the Services for any purpose that is prohibited by the Agreement or by applicable law. You shall not (and shall not permit any third-party) either (a) to take any action that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity, privacy or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Levels.fyi’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Levels.fyi; (vi) interferes with or attempts to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by the Agreement; or (vii) to attempt or engage in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Services.
  4. INTERACTIONS WITH OTHER USERS. 
    1. Public and Community Forums.  Certain areas of the Website and Application are public-facing and allow Consumer Users to interact with other Consumer Users (the “Public Forum”) or Enterprise Users to interact with other Enterprise Users (the “Community Forum”, and together with, Public Forum, the “Forums”). The Forums may permit you to submit User Content. Any information that you post in the Forums might be read, collected, and used by others who access it. To request removal of your information from a Forum, contact us at hello@levels.fyi. In some cases, we may not be able to remove your information, in which case we will let you know that, and why. You agree that you are solely responsible for all of your submitted User Content on the Forums (“Submissions”) and that any such Submissions are considered both non-confidential and non-proprietary. If you use Forums, you also understand that anyone can see your Submissions. We are not obligated to publish any information or content on our Forums and can remove information or content at our sole discretion, with or without notice.
    2. User Responsibility.  You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services, including the Forums; provided, however, that Levels.fyi reserves the right, but has no obligation, to intercede in such disputes.  You agree that Levels.fyi will not be responsible for any liability incurred as the result of such interactions.
    3. Content Provided by Other Users. The Services may contain User Content provided by other Registered Users. Levels.fyi is not responsible for and does not control User Content. Levels.fyi has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content. You use all User Content and interact with other Registered Users at your own risk.
  5. INVESTIGATIONS. Levels.fyi may, but is not obligated to, monitor or review the Services at any time.  Although Levels.fyi does not generally monitor user activity occurring in connection with the Services, if Levels.fyi becomes aware of any possible violations by you of any provision of the Agreement, Levels.fyi reserves the right to investigate such violations, and Levels.fyi may, at its sole discretion, immediately terminate your license to use the Services, without prior notice to you.
  6. THIRD-PARTY SERVICES
    1. Third Party Service Provider.  Levels.fyi uses Stripe, Inc. and its affiliates as the third party service provider for payment services in connection with the Services made available herein (e.g., card acceptance, merchant settlement, and related services) (a “Third Party Service Provider”).  By purchasing Paid Services, you agree to be bound by Stripe’s Privacy Policy (currently accessible at https://stripe.com/us/privacy) and its Terms of Service (currently accessible at https://stripe.com/us/terms) and hereby consent and authorize Levels.fyi and Stripe to share any information and payment instructions you provide with one or more Third Party Service Provider(s) to the minimum extent required to complete your transactions.  
    2. Third-Party Websites and Applications.  The Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”).  When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Websites and Third-Party Applications are not under the control of Levels.fyi. Levels.fyi is not responsible for any Third-Party Websites or Third-Party Applications.  Levels.fyi provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or any product or service provided in connection therewith. You use all links in Third-Party Websites and Third-Party Applications at your own risk. When you leave our Application, the Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
    3. App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play Store (each, an “App Store”).  You acknowledge that the Agreement is between you and Levels.fyi and not with the App Store.  Levels.fyi, not the App Store, is solely responsible for the Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).  In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access.  You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application.  You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any of the Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
    4. Accessing and Downloading the Application from iTunes.  The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store: 
      1. You acknowledge and agree that (i) the Agreement is concluded between you and Levels.fyi only, and not Apple, and (ii) Levels.fyi, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. 
      2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. 
      3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Levels.fyi and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Levels.fyi. 
      4. You and Levels.fyi acknowledge that, as between Levels.fyi and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
      5. You and Levels.fyi acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Levels.fyi and Apple, Levels.fyi, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement. 
      6. You and Levels.fyi acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. 
      7. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
  7. PAID SERVICES AND PRODUCTS.
    1. Coaching Services for Consumer Users.  Levels.fyi may offer, as part of the Services, the opportunity for Consumer Users to engage with third party independent contractors, sometimes referred to coaches (“Coaches”), to discuss salary negotiation strategies, resume review, or career strategies online (“Coaching Services”). For more information on the Coaching Services offered, please visit our Website and please also refer to our Negotiation Services Agreement & Terms of Service hereby incorporated in this Agreement. Regardless of how you interact with Coaches, you acknowledge that Coaches are not employees of Levels.fyi and that Levels.fyi is not responsible for the content of any such discussion. Do not share any information you consider confidential or personally sensitive with Coaches. Levels.fyi does not guarantee the quality or effectiveness of any advice, recommendations, or guidance you may receive from Coaches. You agree that, to the maximum extent permitted by law, Levels.fyi will have no liability arising from any discussion you have with a Coach.
    2. Salary and Industry Insights for Enterprise Users.  Levels.fyi may additionally offer Levels.fyi salary insights for Enterprise Users, consisting of two data services, which include in-depth salary data for Enterprise Users to learn about industry and competitor compensation practices: (i) a subscription based service updated daily or monthly with new data (“Subscription Service”) and (ii) a data export service that provides data points for the past six (6) months or twelve (12) months (“Data Export Service”). For more information on the Subscription Service and/or the Data Export Service, including current pricing, please visit the offerings page on our Website (currently accessible at: https://www.levels.fyi/offerings/). Levels.fyi reserves the right to change or remove the Subscription Service and the Data Export Service at any time, in Levels.fyi’s sole discretion. Additionally, the Subscription Service and/or the Data Export Service may include Salary Data, analytics or other figures, which Levels.fyi does not guarantee the accuracy of, and you are responsible for determining the suitability for your intended use or purpose. You may cancel your participation in the Subscription Service at any time by contacting us at any
  8. PAYMENTS.  
    1. General.  We currently charge fees for the use of certain Services as set forth in Section 10 herein (“Paid Services”). If you purchase the Coaching Services available to Consumer Users, you agree and acknowledge that all fees are payable in advance of each coaching call unless otherwise agreed with the Coach. Where payment has not been received by the Coach in advance of a coaching call, the Coach is not obliged to provide the session. If you purchase the Subscription Service or Data Export Service available to Enterprise Users, you agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable.  You must provide Levels.fyi with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Paid Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Agreement to determine your rights and liabilities.  By providing Levels.fyi with your credit card number and associated payment information, you agree that Levels.fyi is authorized to immediately invoice your Account for all fees and charges due and payable to Levels.fyi hereunder and that no additional notice or consent is required.  You agree to immediately notify Levels.fyi of any change in your billing address or the credit card used for payment hereunder.  Levels.fyi reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by e-mail delivery to you. 
    2. Subscription Automatic Renewal. Enterprise Users who purchase the Subscription Service will be responsible for payment of the applicable subscription fee for use of the Subscription Service (the “Subscription Fee”). Your subscription will continue indefinitely until terminated in accordance with this Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least thirty (30) calendar days prior to the Renewal Commencement Date (or in the event that you receive a notice from Levels.fyi that your subscription will be automatically renewed, you will have thirty (30) calendar days from the date of Levels.fyi notice).  If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, you can manage your subscription by contacting us at hello@levels.fyi.  If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires.  However, you will not be eligible for a prorated refund of any portion of the Subscription Fee paid for the then-current subscription period. By subscribing, you authorize Levels.fyi to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Levels.fyi does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Levels.fyi may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment,  your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
  9. INDEMNIFICATION.  You agree to indemnify and hold Levels.fyi, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Levels.fyi Party” and collectively, the “Levels.fyi Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your use of, or inability to use, any of the Services; (b) your violation of the Agreement; (c) your violation of any rights of another party, including any Registered Users; or (d) your violation of any applicable laws, rules or regulations. Employers agree to indemnify and hold the Levels.fyi Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of  Salary Data or User Data, including Employers’ failure to provide any necessary consents or notices to their Enterprise Users. Levels.fyi reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Levels.fyi in asserting any available defenses. This provision does not require you to indemnify any of the Levels.fyi Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website, Application or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services.
  10. DISCLAIMER OF WARRANTIES AND CONDITIONS.
    1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF LEVELS.FYI PROPERTIES IS AT YOUR SOLE RISK, AND LEVELS.FYI PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  LEVELS.FYI PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE APPLICATION.  
      1. THE LEVELS.FYI PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) LEVELS.FYI PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF LEVELS.FYI PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE SALARY DATA OR OTHER RESULTS THAT MAY BE OBTAINED FROM USE OF LEVELS.FYI PROPERTIES WILL BE ACCURATE OR RELIABLE.
      2. ANY SALARY DATA DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH LEVELS.FYI PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS LEVELS.FYI PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH DATA.
      3. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.  LEVELS.FYI MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
      4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COACHES, LEVELS.FYI OR THROUGH LEVELS.FYI PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
      5. FROM TIME TO TIME, LEVELS.FYI MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT LEVELS.FYI’S SOLE DISCRETION.  THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
    2. No Liability for Conduct of Third Parties.  YOU ACKNOWLEDGE AND AGREE THAT LEVELS.FYI PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD LEVELS.FYI PARTIES LIABLE, FOR THE CONDUCT OR OMISSIONS OF THIRD PARTIES, INCLUDING THE ACTIONS OF COACHES OR ANY OTHER USERS OF THE APPLICATION, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
  11. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE LEVELS.FYI PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST DATA, INCOME, BUSINESS, REVENUE OR PROFITS) RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. YOU AGREE THAT THIS LIMITATION WILL APPLY TO ALL SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT BE ENFORCEABLE AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE LEVELS.FYI PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION OF ANY KIND ARISING OUT OF USE OF THE SERVICES, THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS (USD $100).
  12. RELEASE.  YOU HEREBY RELEASE THE LEVELS.FYI PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION, WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS, PROPERTY DAMAGE, PHYSICAL INJURY, CONTAGIOUS DISEASE OR DEATH THAT MAY BE SUSTAINED BY YOU WHICH MAY BE SUSTAINED BY YOU WHILE USING OR IN CONNECTION WITH THE USE OF THE SERVICES. THIS RELEASE WILL BE BINDING UPON YOUR RELATIVES, SPOUSE, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND ANY OTHER INTEREST PARTIES.

You waive and relinquish any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver, including any all rights and benefits which you have or may have under California Civil Code Section 1542 or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits. You acknowledge that the releases in this Agreement are intended to be as broad and inclusive as permitted by law, and as a complete and continuous release and waiver of liability for any and all use of the Services.

  1. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.  It is Levels.fyi’s policy to terminate membership privileges of any Registered User who repeatedly infringes copyright upon prompt notification to Levels.fyi by the copyright owner or the copyright owner’s legal agent.  Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written 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; and (f) 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.  Contact information for Levels.fyi’s Copyright Agent for notice of claims of copyright infringement is as follows:

Levels.fyi Inc548 Market Street, PMB 94830San Francisco, CA, 94194United States

  1. MONITORING AND ENFORCEMENT.  Levels.fyi reserves the right to: (a) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Levels.fyi; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and/or (e) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.

If Levels.fyi becomes aware of any possible violations by you of the Agreement, Levels.fyi reserves the right to investigate such violations.  If, as a result of the investigation, Levels.fyi believes that criminal activity has occurred, Levels.fyi reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.  Levels.fyi is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including Your Content, in Levels.fyi’s possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Levels.fyi, its Registered Users or the public, and all enforcement or other government officials, as Levels.fyi in its sole discretion believes to be necessary or appropriate.

  1. TERMINATION.  
    1. Termination.  These Terms shall remain in full force and effect until your Account is terminated as provided herein. You may delete your Account at any time, for any reason by contacting us at hello@levels.fyi. Levels.fyi may terminate your Account if (a) you are in breach of the Agreement; (b) if Levels.fyi decides in its sole discretion to stop providing the applicable Services; or (c) for any or no reason, without giving you notice. You understand that any termination of this Agreement and your Account may involve deletion of your Account information from our live databases and all the information stored for such Account. Levels.fyi will not have any liability whatsoever to you for any termination of your Account or related deletion of you information. 
    2. Effect of Termination.  Termination of any Service includes removal of access to such Service and barring of further use of the Service.  Termination of all Services also includes deletion of your password and all related information, files and User Data associated with or inside your Account (or any part thereof).  Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of User Data associated therewith from our live databases.  Levels.fyi will not have any liability whatsoever to you for any suspension or termination, including for deletion of User Data.  All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
  2. PLATFORM IS FOR US-BASED USERS ONLY.  The Services can be accessed from countries around the world and may contain references to Services and Salary Data that are not available in your country.  These references do not imply that Levels.fyi intends to announce such Services or Salary Data in your country.  The Services are controlled and offered by Levels.fyi from its facilities in the United States of America. Levels.fyi makes no representations that the Services are appropriate or available for use in other locations.  Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
  3. ARBITRATION AGREEMENT.  
    1. Applicability of Arbitration Agreement.  Subject to the terms of this Arbitration Agreement, you and Levels.fyi agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services or of the Levels.fyi Site, any Communications you receive, any products sold or distributed through the Levels.fyi Site, the Services, or the Terms and prior versions of the Terms, including claims and disputes that arose between us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Levels.fyi may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Levels.fyi may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms.  
    2. Informal Dispute Resolution.  There might be instances when a Dispute arises between you and Levels.fyi. If that occurs, Levels.fyi is committed to working with you to reach a reasonable resolution. You and Levels.fyi agree that good faith informal efforts to resolve Disputes can result in a prompt, lowโ€cost and mutually beneficial outcome. You and Levels.fyi therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Levels.fyi that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to hello@levels.fyi or regular mail to our mailing address at Levels Fyi Inc, 548 Market Street, PMB 94830, San Francisco, CA 94104, United States. The Notice must include: (1) your name, telephone number, mailing address, email address associated with your account (if you have one); (2) the name, telephone number, mailing address and eโ€mail address of your counsel, if any; and (3) a description of your Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

  1. Waiver of Jury Trial.  YOU AND Levels.fyi HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Levels.fyi are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
  2. Waiver of Class or Other Non-Individualized ReliefYOU AND Levels.fyi AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 20.9, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 20.9 entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Levels.fyi agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Levels.fyi from participating in a class-wide settlement of claims.
  3. Rules and Forum.  The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Levels.fyi agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, eโ€mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, goodโ€faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. 

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.  

Unless you and Levels.fyi otherwise agree, or the Batch Arbitration process discussed in subsection 20.9 is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules.  

You and Levels.fyi agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. 

  1. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under subsection 20.9 is triggered, the AAA will appoint the arbitrator for each batch.
  2. Authority of Arbitrator.  The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
  3. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Levels.fyi need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs. 
  4. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Levels.fyi agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Levels.fyi by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Levels.fyi.

You and Levels.fyi agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

  1. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Levels Fyi Inc, 548 Market Street, PMB 94830, San Francisco, CA 94104, United States, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Levels.fyi account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
  2. Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Levels.fyi as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
  3. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Levels.fyi makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to Levels.fyi at 548 Market Street, PMB 94830, San Francisco, CA 94104, United States, your continued use of the Levels.fyi Site and/or Services, including the acceptance of products and services offered on the Site following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or of the Levels.fyi Site, any Communications you receive, any products sold or distributed through the Site, the Services, or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted the Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Levels.fyi will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
  1. GENERAL PROVISIONS.
    1. Electronic Communications.  The communications between you and Levels.fyi may take place via electronic means, whether you visit the Services or send Levels.fyi emails, or whether Levels.fyi posts notices on the Services or communicates with you via email.  For contractual purposes, you (a) consent to receive communications from Levels.fyi in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Levels.fyi provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
    2. Assignment.  The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Levels.fyi’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
    3. Force Majeure.  Levels.fyi shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 
    4. Questions, Complaints, Claims.  If you have any questions, complaints or claims with respect to the Services, please contact us at: hello@levels.fyi.  We will do our best to address your concerns.  If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
    5. Exclusive Venue.  To the extent the parties are permitted under the Agreement to initiate litigation in a court, both you and Levels.fyi agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in the State of California.
    6. Governing Law THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE TERMS.
    7. Notice.  Where Levels.fyi requires that you provide an email address, you are responsible for providing Levels.fyi with your most current email address.  In the event that the last e-mail address you provided to Levels.fyi is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Levels.fyi’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to Levels.fyi at the following address: Levels Fyi Inc, 548 Market Street, PMB 94830, San Francisco, CA 94104, United States.  Such notice shall be deemed given when received by Levels.fyi by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
  2. Waiver.  Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    1. Severability.  If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
    2. Export Control.  You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws.  In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.  You acknowledge and agree that products, services or technology provided by Levels.fyi are subject to the export control laws and regulations of the United States.  You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Levels.fyi products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
    3. Consumer Complaints.  In accordance with California Civil 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.
    4. Entire Terms.  The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.