About Karen Contact

THE NEXT LEVEL CLUB

TERMS AND CONDITIONS OF USE 

 

Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any WCDHT LLC d/b/a/ Karen Leitner MD Coaching digital or downloadable resources, or participate in any one-on-one or group coaching, classes, programs, workshops, or trainings, or attend any live or virtual events, or enter any online private forums operated by WCDHT LLC d/b/a/ Karen Leitner MD Coaching (for any purpose), whether on a website hosted by WCDHT LLC d/b/a/ Karen Leitner MD Coaching or a third-party website such as Slack as part of the Next Level Club (collectively “the Membership”). 

If you do not agree with these TOU, you should not join the Membership.

As used in these TOU, the term “Releasees” is defined to include the following: (i) WCDHT LLC d/b/a/ Karen Leitner MD Coaching, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, contractors, coaches, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) Karen Leitner MD. 

 

1. The Membership 

To be eligible to participate in the Membership, you must complete the Company’s Feel Better Program. 

As part of the Membership, you will receive: 

  1. Twice monthly live coaching calls (replays available), 
  2. Twice monthly office hours, 
  3. Quarterly guest coaching calls, 
  4. Members only community on Slack, and
  5. Priority access to register for the Feel Better Retreat.

The Company may offer additional services from time to time as part of the Membership in its sole discretion. These additional services are a bonus and are not a part of the base version of the Membership.  

If you wish to purchase any other products, programs or services from the Company, all terms of this TOU will continue to apply unless superseded by another agreement in writing.

The Membership is intended and only suitable for individuals aged eighteen (18) and above. Some of the content in the Membership may not be appropriate for children. The Company hereby disclaims all liability for use by individuals under the age of eighteen (18).

 

2. Payment  

You agree to the monthly fee as displayed at checkout. Upon enrolling for the Membership, your first monthly payment will be due. Recurring monthly payments will then be charged to your card on the same calendar day each month until you cancel. You can cancel at any time before the next month’s payment is charged, as outlined below. 

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

If payment is not received when due, the Company reserves the right to terminate your participation in the Membership, including access to all Content, as defined below, immediately and permanently.  

The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

THIS AGREEMENT RENEWS AUTOMATICALLY FOR SUCCESSIVE MONTHLY PERIODS UNTIL BROUGHT TO AN END BY YOU OR THE COMPANY. ALL PERIODS SHALL RUN TO THE LAST DAY OF THE MONTH IN WHICH THEY WOULD OTHERWISE EXPIRE. 

IF YOU DO NOT WISH FOR THIS AGREEMENT TO RENEW THEN YOU CAN CANCEL IT EASILY, AS OUTLINED BELOW.

 

3. Promotional Offers

The Company may, from time to time, offer promotional offers and/or discounts (“Offers”) for the Membership. Eligibility is determined by the Company at its sole discretion. The Company reserves the right to modify or cancel the Offers at any time. 

Offers may be available for a limited time only. You understand and agree that once the Offers expire, the Membership will automatically renew at the regular Membership rate unless you cancel.  

Any eligibility requirements and other limitations and conditions for the Offers will be disclosed when you sign up for the Offers or the Company may make them available via other communications to you. 

Offers cannot be combined with any other promotions, discounts, codes or coupons. 

 
4. No Refunds

Your satisfaction with the Membership is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Membership we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any payments you have made, and no refunds will be provided to you at any time. By joining our Membership, you understand and agree that all sales are final, and no refunds will be provided. 

The Company reserves the right, in its sole discretion, to determine how to resolve an issue with any member who violates this TOU. Therefore, if a member disagrees with how the Company resolves an issue with another member and requests a refund, the Company will deny such request.

Furthermore, if a member violates these TOU, the Company reserves the right, in its sole discretion, to offer the member another opportunity to abide by these TOU. If a member disagrees with the Company offering another member a second opportunity to follow these TOU, no grounds for a member to receive a refund would be created, and any request for a refund on this basis shall be denied.

If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these TOU, the Company may terminate your participation in the Membership, which would revoke your access to the Content (defined in the Intellectual Property section below), community and ability to participate in coaching, without notice and without refund. 

The Company may offer additional Membership elements for a subgroup of members, as further discussed later in this TOU. The Company reserves the right, in its sole discretion, to offer participation in these additional Membership elements to specific members. If a member is denied participation in these additional Membership elements, no grounds for a member to receive a refund would be created and any request for a refund on this basis will be denied.

Since we have a clear and explicit refund policy in these TOU that you have agreed to prior to completing the purchase of the Membership, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

 

5. Intellectual Property Rights
a. Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Membership, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

 

b. The Company’s Limited License to You 

If you purchase the Membership or otherwise view or access any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

This means you may view, download, print, email and use the Content for your own personal purposes or apply what you have learned within your own business only. 

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use the Content for commercial purposes or in any way that earns you or any third-party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Content for personal use you in no way assume any ownership rights – it is still Company property. Any unauthorized use of the Content shall constitute infringement.  

You must receive our written permission before using any of the Content for your own commercial use or before sharing it with others. 

You are strictly prohibited from uploading or distributing Content to any website, platform, software, or database where it could be accessed or replicated by ChatGPT or other artificial intelligence technologies.

The trademarks and logos displayed in the Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these TOU or any express written license, are reserved by the Company.

 

c. Unauthorized Use

Your use of the Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Membership in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue.  This is not a penalty but an agreed liquidated damage charge for the Unauthorized Use.     

You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.

 

d. Your License to the Company; Use in Testimonials and Marketing. 

By posting or submitting any material during the Membership such as comments, posts, photos, designs, graphics, images, videos or other contributions, you are representing to the Company that you are the owner of all such materials, and you are at least eighteen (18) years old.

The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos, or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant the Company the right to make it part of the Company’s current or future website and Content. This right includes granting the Company proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by the Company to you. You acknowledge that, if you grant this consent, the Company has the right but not the obligation to use Your Material and that the Company may cease the use of Your Material at any time for any reason. 

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Membership that may contain you, your voice and/or your likeness (the “Recordings”). The Company reserves the right to use the Recordings within the current or future versions of the Membership and may make the Recordings available within the Membership without compensation to you at any time, now or at any time in the future.

The Company does not reserve the right to use the Recordings for marketing or promotional purposes or in any manner outside the private areas of the Membership, unless you grant the Company your consent to do so. The Company may request your consent to the Company’s use, display, distribution or other publication of the Recording outside of the Membership. If you grant such consent you agree that the Company, and anyone authorized by the Company, is granted the right, without any compensation to you, to use your likeness for any purposes, including commercial purposes and advertising and can identify you as the individual in the Recordings.  

 

e. Request for Permission to Use the Content

If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by emailing hello@ karenleitnermd.com. 

If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content, and you consent to immediately stop using such Content and to take whatever actions as the Company may request and by the methods and in the time frame that the Company prescribes to protect its intellectual property and ownership rights in the Content.

 

6. Your Conduct

The Membership is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events while participating in the Membership, or on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask other members to join, “shadow” groups on social media or any other platform, or attend in-person meetups, based on interests or locality. You also agree you will not invite other members to participate in events, without first receiving approval from the Company. You agree not to market, promote, or sell any products or services to other members, unless you are authorized or requested to do so by the Company.

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public. 

You are responsible for any comments, posts, photos, images, videos, or other contributions you make and for any liability that may result from anything you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.  You agree to post comments or other material only one time. 

You are strictly forbidden from the following:

  • Harassing, fighting with, or being disrespectful to other members
  •   Causing damage to any Company website or third-party forums operated by the Company
  •   Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
  •   Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
  •   Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
  •   Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
  • Using any Company website or private membership forum or third-party forums operated by Company, to take pictures and/or screenshots of comments, posts, pictures, materials or any other content posted and/or shared by Company and/ or members without receiving their advance permission
  • Sharing any private and proprietary information, screen shots, comments, posts, pictures, materials, or any other content posted and/or shared from other members,  with the public or with anyone who is not a member on or in any Company website, private membership or third-party forums operated by Company
  • Sharing any recordings of coaching calls or any of the content discussed during the coaching calls 

If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Membership and your access to the Content without refund.  

The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s website and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.

 

7. Community Guidelines

The Company has created a community that is a safe and judgment-free space for connection, conversation, learning, and growth. Within the Company’s community is the baseline expectation that all members will treat one another with respect while bringing encouragement and consideration to all members. 

The Company’s community guidelines are as follows:

A. The Membership promotes diversity amongst its members. Therefore, the Company encourages all members to connect with one another and to learn about one another’s background, interests, hobbies and points of view. The Company does not tolerate nor support any member’s discriminatory speech, hate speech, comments, or actions against another member based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.

B. The Company does its best to create a safe and welcoming space for all members, however, the Company cannot guarantee that all members will follow these guidelines. The Company, in its sole discretion, may remove any member’s comments, posts, content or materials, however, the Company does not have a duty to review all comments, posts, content and material shared within the Membership. Therefore, the Company shall not be held liable for any member’s comments, actions, posts, content or materials that result in another member’s trauma or discomfort.

C. The Company has created a safe space for all members to feel seen, respected and heard. The Company encourages members to engage in respectful dialogue with one another. The Company does not support nor tolerate any disrespectful actions or comments, which include, but are not limited to hate speech, discriminatory comments, physical, or mental or emotional abuse. Therefore, each member must demonstrate respect towards one another.

D. Members must support each other with words of encouragement, resources or suggestions, while respecting each other’s boundaries. 

E. The Company reserves the right to offer additional Membership elements from time to time, for any subgroup of members. These additional Membership elements are a bonus, not a part of the services included in your base membership. The selection of the members who may participate in any additional Membership elements is at the sole discretion of the Company. ​

The Company may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules, and they are expressly incorporated into these TOU.

 

8. Confidentiality 

The Company is not legally bound to keep your information confidential. You acknowledge that your communications with the Company are not covered by any doctor-patient privilege or any other privilege.

Nonetheless, the Company agrees not to share recordings of your coaching calls outside of the Membership without your permission. The Company may, in its discretion, use the recordings in future cohorts or may otherwise make the recordings available within the Membership. 

You agree you will not share any recordings of coaching calls or third-party forum postings outside the private member areas of the Company’s website, or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your participation in the Membership.

You agree that the Company shall not be liable for the disclosure of any of your information by another member. You agree to keep all information you learn about other members, their businesses (including their intellectual property), or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.

Due to privacy and intellectual property concerns, you may not use AI technology to record or transcribe any coaching session. 

 

9. Username and Password

To access certain features of the Membership, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Membership to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Membership or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.

 

10. Live or In-Person Events 

If you participate in any live or in-person event as part of the Membership, you agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives or agents, and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, regarding your ability to safely participate in the event. You agree to exhibit appropriate behavior at all times and to obey all local, state and federal civil and criminal laws while participating in the Membership. This includes, generally, respect for other people, equipment, facilities or property. The Company may dismiss you, without refund, if your behavior endangers the safety of or negatively affects the Membership or any person, facility or property. 

You consent to medical care and transportation in order to obtain treatment in the event of injury to you as Company, volunteers or medical professionals may deem appropriate. These TOU extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.

If you choose to consume alcoholic beverages during any part of the Membership, you must do so responsibly and only if you are over the age of twenty-one (21).

The Company is not responsible for any personal item or property that is lost, damaged or stolen during the Membership.

 

11. Termination or Cancellation

The Company reserves the right in its sole discretion to refuse or terminate your access to the Membership and Content, in full or in part, upon delivery of written notice at any time. The Company may terminate your participation in the Membership at any time, without refund, if you breach any part of these TOU. In the event of cancellation or termination, you are no longer authorized to access the Membership, including any private forums or communities. The restrictions imposed on you in these TOU with respect to the Membership and its Content will still apply now and in the future, even after termination by you or the Company.

IF YOU DO NOT WISH FOR THIS AGREEMENT TO RENEW THEN YOU CAN CANCEL IT EASILY BY SUBMITTING A REQUEST THROUGH THE MEMBER WEBSITE OR BY SENDING THE FOLLOWING EMAIL TO [email protected]:

 

Please cancel my Next Level Club membership.

I understand that by canceling, I will be removed from any online community forum and will lose access to all content, but I am still bound by all ongoing provisions in the Terms and Conditions which I agreed.

Signed,

[ENTER YOUR NAME]

 

YOU MAY CANCEL AT ANY TIME. HOWEVER, YOU MUST SUBMIT YOUR CANCELLATION REQUEST NO LATER THAN 5 DAYS PRIOR TO YOUR RENEWAL DATE. 

FOLLOWING CANCELLATION, YOU WILL CONTINUE TO HAVE ACCESS TO THE MEMBERSHIP THROUGH THE END OF THE THEN-CURRENT RENEWAL TERM. 

In the event you decide to cancel, any remaining, default, or late payments will be due immediately.

 

12. Personal Responsibility, Assumption of Risk, Release, Disclaimers 
A. You are voluntarily participating in the Membership and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.

B. You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releasees. You are fully aware of the risks and hazards inherent in participating in the Membership and voluntarily, knowingly and freely assume all risks associated with participating in the Membership, including, but not limited to, injuries, illnesses, infections, paralysis and even death. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment (whether owned, operated, or provided to you by Releasees or otherwise), including injuries or damages arising out of the negligence of Releasees, whether active or passive, or any of Releasees’ affiliates, employees, coaches, agents, representatives, successors, and assigns.  

C. You represent and warrant to Releasees that you are able to safely participate in the Membership and have no medical condition that would make your participation in the Membership more hazardous. You acknowledge that you have had a physical examination and have been given a physician’s permission to participate, or that you have decided to participate in the Membership without the approval of a physician. 

D. Your participation in the Membership does not establish a doctor-patient relationship between you, the Company, or anyone providing membership services on behalf of the Company.  

E. The Membership provides information and education only, and does not provide any financial, legal, medical or psychological services or advice. The Membership does not prevent, cure, or treat any mental or medical condition. The Membership is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Membership.

F. You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to participate in the Membership.

G. You acknowledge that, by engaging with the Company for the Membership, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless from any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Membership, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.

In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Membership.

H. Earnings and Results Disclaimer:  You agree that the Company has not made and does not make any representations about the earnings or results you may achieve as a result of your participation in the Membership. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your participation in the Membership, and you understand that results and earnings differ for each individual.

I. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

J. The Company is not responsible or liable for members infringing on each other’s intellectual property, content or materials.

K. The Company tries to ensure that the availability and delivery of the Membership and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.

L. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE MEMBERSHIP ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE MEMBERSHIP OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

M. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MEMBERSHIP, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE MEMBERSHIP.

 

13. Security 

You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties

not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with the Company are done at your own risk. 

 

14. Legal Disputes and Waiver of Class Actions

These TOU shall be governed by and construed in accordance with the laws of the State of Massachusetts without giving effect to its conflict of laws principles. The state and federal court nearest to Middlesex County, Massachusetts shall have exclusive jurisdiction over any case or controversy arising from or relating to the Membership or Content, including but not limited to the Company’s Privacy Policy or these TOU. By participating in the Membership or using or accessing any Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The parties waive any right to bring claims as part of a class or collective action and agree to limit any litigation to individual claims they may have against one another. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

 

15. Users Outside United States 

The Company controls and operates the Membership from offices in the United States. The Company does not represent that the Membership or the Content are appropriate or available for use in other locations. People who choose to access the Membership or the Content from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

16. Indemnification

You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Membership or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Membership or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

 

17. Force Majeure 

The Company shall not be deemed in breach of this TOU if the Company is unable to provide all of the Membership or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to you of its inability to perform or of delay in completing or providing the Membership and shall propose revisions to the schedule for completion of the Membership or other accommodations or may terminate this TOU.

 

18. General Provisions

The Company may modify the terms of this TOU at any time. All modifications shall be posted on the Company’s website, and the Company will notify you of such modifications via email. Unless otherwise required by law, your continued participation in the Membership following notice of modifications will signify your assent to and acceptance of those changes. If you do not agree with the modifications, you should stop participating in the Membership.

If any provision of this TOU is held invalid or unenforceable, the remainder of this TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. Any waiver by the Company of a breach of this TOU does not equal approval or waiver of any subsequent breach or violation of this TOU. You cannot assign or transfer any rights or obligations under this TOU without the Company’s prior written consent. 

This is the entire agreement between you and the Company, and it reflects a complete understanding with respect to the Membership. This TOU supersedes all prior written and oral representations.


Updated on November 25, 2024 

By clicking on the box when signing up for the Next Level Club, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document, including our no refund policy. 

You understand that your membership fee will renew monthly until you cancel.