Next Level Method, LLC. Terms of Service

Updated September 21, 2021

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Thank you for using Next Level Method!

Next Level Method’s products and services are provided by Next Level Method, LLC (“NLM”). These Terms of Service (“Terms”) govern your use of Next Level Method’s website and apps, including any content, functionality and products and services offered on or through the website or apps (“Services”). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions via email at info@nextlevelmethod.com.

By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.
Not Medical Advice
Using Next Level Method (License)
Content Offerings
Your Content
Security
Third Party Content
Copyright and Trademark
Paid Services
Affiliate Partners
Modifying our Services
Disclaimers
Liability
Indemnification
Governing Law
General Terms
Community Policy
Refund Policy
Privacy Policy

Not Medical Advice

We are not a health care provider and our Services should not be considered medical advice. Only your health care provider can offer medical advice. The Services are not a substitute for professional medical advice, diagnosis and treatment. We make no claims that the Services provide any physical or therapeutic benefit. If you, your child, or any supervising adult or guardian has questions or concerns about you or your child’s wellbeing or use of the Services in connection with your individual condition and circumstances, you should seek professional medical attention.

Using Next Level Method (License)

Who May Use Our Services

You may use our Services only if you can form a binding contract with NLM, and only in compliance with these Terms and all applicable laws. When you create your NLM account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 16 is prohibited without specific written consent from a legal guardian, and certain regions and Content Offerings may have additional requirements and/or restrictions.

Our License to You

Subject to these Terms and our policies (including the Community Policy, Refund Policy, Privacy Policy and course-specific eligibility requirements, and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain NLM’s written permission to otherwise use the content. You may not download streaming media in order to exceed our Service access periods (time periods) when applicable. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by NLM, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of our intellectual property or any intellectual property rights in our Services or the content you access.

Content Offerings

Changes to Content Offerings

NLM offers courses and content (“Content Offerings”) that we produce, as well as content from other providers (“Content Providers”). While we seek to provide world-class Content Offerings from our Content Providers, unexpected events do occur. NLM reserves the right to cancel, interrupt, reschedule, or modify any Content Offerings. Content Offerings are subject to the Disclaimers and Limitation of Liability sections below.

Your Content

User Content

The Services may enable you to share your content, such as forum posts, pictures, quizzes and the like (“User Content”), with NLM, coaches, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share. User Content does not include course content or other materials that we create or that is made available on or placed on the NLM platform by or on behalf of NLM’s Content Providers or their instructors using the Services or the Content Offerings; as between NLM and its Content Providers, such Content Offerings are governed by the relevant agreements in place between NLM and its Content Providers.

How Next Level Method May Use User Content

To the extent that you provide User Content, you grant NLM a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting NLM the right to authorize NLM affiliates to use User Content. Nothing in these Terms shall restrict other legal rights NLM may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.

User Feedback

We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, NLM does not waive any rights to use similar or related Feedback previously known to NLM, developed by its employees or contractors, or obtained from other sources.

Security

We care about the security of our users. While we work to protect the security of your account and related information, NLM cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing info@nextlevelmethod.com.

Third Party Content

Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties as well as links to websites and services maintained by third parties. NLM cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. NLM disclaims any responsibility or liability related to your access or use of, or inability to access and use, such third party content.

Copyright and Trademark Policy

NLM respects the intellectual property rights of our users, Content Providers, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the NLM Copyright and Trademark Policy in accordance with applicable law, including the Digital Millennium Copyright Act.

Paid Services from Next Level Method 

NLM offers paid Services (i.e. online training courses) for a fee. Unless otherwise stated, all fees are quoted and must be paid in U.S. Dollars. You are responsible for paying all fees charged by or for NLM and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and NLM reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.

Payment Plans
NLM may provide you a payment plan to allow you to pay your Services fee in installments over an agreed amount of time of two months. If you miss a payment, your account will be considered “delinquent” and your access to all Services and membership groups may be revoked until all amounts owed are paid in full. The ‘days overdue’ for any payment plan will be measured from the earliest missed payment date of any amount outstanding, regardless of later payments or payment dates.

If your account remains in delinquent status for longer than 30 days, NLM reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to the NLM’s sole discretion. In the event that your account becomes past due and is referred by NLM to an outside collection agency or attorney, you will be responsible for the cost of collection services at the rate of 20% of the balance due, along with reasonable attorney fees and court costs incurred by NLM.

In no way should NLM’s offering of a payment plan be considered a “pay in part” program where you can pay only for partial access.

Affiliate Partners

Next Level Method, LLC. reserves the right to terminate any affiliate relationships for any reason upon 30 days written notice. We require all of our affiliates to maintain a public-facing website, with clear privacy and terms of service policies. As a policy, Next Level Method, LLC. does not accept affiliates who run coupon, bargain, review or content aggregation services.

NLM reserves the right to immediately terminate an affiliate relationship if an affiliate violates these Terms or engages in deceptive business practices. We may also void any outstanding commissions if we believe they are the result of deceptive business practices.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether at any time. Accordingly, NLM may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. None of NLM, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the “NLM Parties”) shall have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.

Disclaimers

The services and all other content and materials are provided on an “as is” basis without warranty of any kind, whether express or implied. The Next Level Method, LLC parties specifically disclaim any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. The Next Level Method, LLC parties further disclaim any and all liability related to your access or use of the services or other content and materials.

While we make good faith efforts to include substantially accurate information in the services, errors or omissions may occur. If we receive notice of errors or omissions, we will make reasonable efforts to correct them in due course; but we make no representations or warranties regarding the accuracy, completeness, performance, currency, or fitness for a particular purpose of the services, that the services will meet your requirements, or as to the results that will be derived from using any of the information included in the services.

You acknowledge and agree that any access to or use of the services is at your own risk.

Limitation of liability

To the maximum extent permitted by law, the Next Level Method, LLC parties shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any party other than the applicable NLM party, including without limitation, any defamatory, offensive, or illegal conduct; or (c) unauthorized access, use, or alteration of your content or information. In no event shall nlm’s aggregate liability for all claims related to the services exceed one hundred u.S. Dollars ($100) or the total amount of fees received by nlm from you for the use of paid services during the past six months, whichever is greater.

You assume all responsibilities and obligations with respect to any decisions, advice, conclusions or recommendations made or given as a result of the use of the services, including without limitation any decision made or action taken by you in reliance upon our services.

You agree to seek advice from a licensed medical provider before performing any physical activity suggested by NLM parties.

None of the information provided in connection with the services shall be construed to constitute medical, psychological, financial or accounting, legal or other professional advice; we urge you to consult with an appropriate licensed professional if you seek any such advice.

You acknowledge and agree that the disclaimers and the limitations of liability set forth in this terms of use reflect a reasonable and fair allocation of risk between you and the NLM parties, and that these limitations are an essential basis to NLM’s ability to make the services available to you on an economically feasible basis.

You agree that any cause of action related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Indemnification

You agree to indemnify, defend, and hold harmless the Next Level Method Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing Law and Jurisdiction

The Services are managed by Next Level Method, LLC, which is located in Wichita, Kansas. You agree that any dispute related to these Terms will be governed by the laws of the State of Kansas, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Topeka, Kansas as the legal forum for any such dispute.

Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or Next Level Method, LLC may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, mutually agreed upon by you and NLM. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

General Terms

Revisions to the Terms

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Severability; Waiver

If a particular provision of these Terms is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be eliminated and the remaining provisions of these Terms will continue in full force and effect. No waiver by Next Level Method, LLC of any term or condition will be deemed a further waiver of the term or condition, or a waiver of any other term or condition, and any failure by NLM to assert a right or provision under the Terms will not constitute a waiver of such right or provision.

Entire Agreement

These Terms and all referenced policies constitute the sole and entire agreement between you and NLM regarding the NLM website and apps.

Referenced Policies

  1. Community Policy
  2. Refund Policy 
  3. Privacy Policy 

As part of NLM’s commitment to customer success, NLM offers at-will access to paid membership communities with many of its Services. These communities are intended as places to ask questions, gain encouragement, and share your experiences with NLM Services. It is intended to foster a sense of community and support in a safe, accepting environment.

All community members are to be kind and respectful. Our Communities are not places for judgment but rather forums for offering helpful advice, providing insight and perspective, and encouraging all members to continue their practice seek help when they need.

To maintain a supportive environment focused on self-improvement, NLM retains the right to delete any Community post which we deem controversial and/or distracting to our users. Solicitation for non-NLM related products or services is not permitted without explicit, written consent from NLM.

For any break of these guidelines, you agree that NLM has the right to edit or delete your post(s) and revoke your access to our communities at any time, without notice.

You are prohibited from using our Communities or Services to share content that:

  • Solicits members to join other membership communities.
  • Contains illegal content or promotes illegal activities with the intent to commit such activities. Please keep in mind that users who are as young as 13 use NLM, and we do not allow content that is inappropriate for these younger users.
  • Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
  • Harasses others. Abusive or otherwise inappropriate content directed at others is not allowed.
  • Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
  • Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
  • Spamming will not be tolerated. This includes repeated posting of non-relevant content.
  • Otherwise violates the NLM Terms of Service. Please note that specific Content Offerings or Communities may have additional rules and requirements.

You also are not allowed to:

  • Do anything that violates local, state, national, or international law or breaches any of your contractual obligations or fiduciary duties.
  • Share your password, let anyone access your account, or do anything that might put your account at risk.
  • Attempt to access any other user’s account.
  • Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized by NLM in writing to do so.
  • Access, tamper with, or use non-public areas of our systems.
  • Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
  • Try to reverse engineer any portion of our Services.
  • Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
  • Use our Services to distribute malware.
  • Use our Services or any functionality of the NLM platform for anything other than for completing online courses or for pedagogical purposes.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Encourage or help anyone do any of the foregoing.

Refund Policy

For details on our refund deadlines and policies, please refer to the information below. Please note that our policies differ between specific Services, and that payment options may vary from one Service to another. Please also note that we treat violations of our Terms of Use and Community Policy very seriously, and we have no obligation to offer refunds to users who violate these terms, even if their requests are made within the designated refund period.

All refund requests must be submitted via email to info@nextlevelmethod.com and include:

  • Purchaser’s First and Last Name
  • Date of Purchase
  • Email used to register for the Service
  • Brief reason for refund request

Finance charges are not eligible for refund for any Service.

Events

Events such as the ReIGNITE workshop are free to all attendees and attendees are encouraged to pay it forward to future event attendees. Paying it forward will be an option provided to event goers on an at-will basis at the end of the event date and entirely up to the event goer. Therefore, no refunds will be provided for donations given at the event. 

Additional Product and Premium Community Membership options are offered to the public.  Purchasers may request a refund from 24 hours of the purchase date. Refunds will be made via the original method of payment.

Abuse of Refund Policy

Refunds are designed to remove the risk from purchasing NLM services, not as a way to get free services. If it appears to us that you are abusing refunds, we may stop offering them to you. Specifically, customers that repeatedly request refunds for multiple purchases may be denied refunds or right to purchase for abuse of the refund policy.

Subscription Services

Monthly Subscriptions

When you register for our premium membership community, you are willingly entering into a month to month subscription service. Subscription will continue on a month-to-month basis unless and until you cancel or the subscription is suspended or discontinued by NLM.

If you cancel your subscription, cancellation will be effective at the end of the current monthly period; you will have continued access to your subscription for the remainder of the period for which you have paid, but you will not receive a refund.

Annual Subscriptions

Your subscription will continue on an annual, 12-month basis unless and until you cancel or the subscription is suspended or discontinued by NLM. Your annual subscription automatically renews on a month-to-month basis at the current month-to-month rate. 

If you cancel your subscription, cancellation will be effective at the end of the current annual, 12-month period; you will have continued access to your subscription for the remainder of that period for which you have paid, but you will not receive a refund.