General
This website, levelupblues.com (the “Site”), is owned and operated by Level Up Blues (“Level Up Blues,” “we,” “our,” or “us”). By accessing or using the Site, you agree to be bound by these Terms of Service, our Privacy Policy, and any additional terms that may apply to specific sections of the Site or to particular products, programs, or services offered by Level Up Blues.
Accessing the Site in any manner, whether manually, automatically, or otherwise, constitutes use of the Site and your agreement to these Terms of Service.
We reserve the right to modify these Terms of Service or impose new conditions on the use of the Site. Any updated Terms of Service will be posted on this website. By continuing to use the Site after changes are posted, you accept the Terms of Service as modified.
Intellectual Property Rights
Our Limited License to You
The Site and the materials available through the Site are owned by or licensed to Level Up Blues and are protected by copyright, trademark, and other intellectual property laws.
The Site and its materials are provided solely for your personal, non-commercial use. Unless expressly authorized by Level Up Blues, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, distribute, publicly display, create derivative works from, or otherwise exploit any material from the Site.
You may download or print one copy of individual pages or materials for your personal, non-commercial use, provided that you keep all copyright, trademark, and other proprietary notices intact.
Purchasing or receiving access to a Level Up Blues program, course, coaching service, video, recording, document, community, curriculum, or other resource does not transfer ownership of that material to you. Your access is limited, personal, non-exclusive, non-transferable, and subject to these Terms of Service.
Your License to Us
You retain ownership of original material that you submit or post through the Site, our programs, or our online communities.
By voluntarily posting or submitting material for public display, including comments, photographs, videos, testimonials, community posts, or similar contributions, you represent that you own the material or have permission from the owner to submit it. You also represent that you are at least thirteen years of age.
You grant Level Up Blues a non-exclusive, royalty-free license to host, store, reproduce, display, and use publicly submitted material as reasonably necessary to operate the Site, provide our programs and services, maintain our communities, and display the material in the location or context in which it was submitted.
Level Up Blues will not claim ownership of your private coaching materials, personal recordings, assignments, direct communications, or other information submitted privately merely because you provided them through one of our services.
We will not publicly use your name, image, likeness, testimonial, progress, private recordings, or personal story for advertising or promotional purposes without your permission, except where you have voluntarily submitted the material with the clear understanding that it will be publicly displayed.
You acknowledge that Level Up Blues has the right, but not the obligation, to display, edit, restrict, or remove user-submitted material from the Site, our programs, or our communities when reasonably necessary to operate our services, enforce these Terms, protect our members, or comply with applicable law.
Limitations on Linking and Framing
You may establish a hyperlink to the Site as long as the link does not falsely state or imply that Level Up Blues sponsors, endorses, or is affiliated with your website, business, product, or service.
You may not frame, inline link, reproduce, embed, or incorporate content from the Site into another website, platform, product, or service without our prior written permission.
Disclaimers
The Site may contain links or references to websites, platforms, services, products, or information operated or provided by others. A link from Level Up Blues does not necessarily constitute an endorsement, sponsorship, recommendation, or guarantee of the linked website, platform, information, product, or service.
Level Up Blues does not control websites or services that we do not own. We are not responsible for their availability, content, accuracy, privacy practices, security practices, terms, products, or services. When you interact directly with another website, platform, or service, your use may be governed by that provider’s own terms and privacy policy.
Opinions, advice, statements, or other content submitted by users or other outside contributors represent the views of the respective authors and not necessarily the views of Level Up Blues. Level Up Blues does not guarantee the accuracy, completeness, reliability, or usefulness of user-submitted content.
THE SITE AND THE INFORMATION, PROGRAMS, PRODUCTS, MATERIALS, AND SERVICES OFFERED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEVEL UP BLUES DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE, ITS SERVERS, OR MATERIALS AVAILABLE THROUGH THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
We do not guarantee that use of the Site, our educational materials, coaching, programs, products, or services will produce a particular musical, personal, professional, or financial result. Individual progress depends on many factors, including participation, practice, effort, experience, consistency, and circumstances outside the control of Level Up Blues.
You agree to use your own judgment when applying information provided through the Site, our programs, or our services.
Indemnification
You agree to indemnify and hold harmless Level Up Blues and its owners, employees, contractors, representatives, successors, and assigns from claims, damages, liabilities, costs, and reasonable legal expenses arising from your material breach of these Terms of Service, your unlawful use of the Site, your violation of another person’s rights, or material that you submit without the necessary ownership or permission.
This obligation does not apply to claims caused solely by the unlawful or intentionally wrongful conduct of Level Up Blues.
Online Commerce
Certain sections of the Site may allow you to purchase programs, coaching services, courses, events, memberships, digital materials, or other products and services offered by Level Up Blues.
Payments may be processed through a secure payment-processing service. The payment provider may collect payment and contact information directly from you as necessary to complete the transaction. The provider’s handling of information collected directly through its service may also be governed by its own privacy policy and terms.
The use of a payment processor or other service provider does not mean that Level Up Blues sells your personal information. Our collection and use of personal information are described in our Privacy Policy.
You agree to provide accurate, current, and complete information when making a purchase. You represent that you are authorized to use the payment method submitted and authorize us and our payment processor to charge the applicable amounts.
You are financially responsible for purchases made by you or by someone acting with your authorization. You may not make purchases for fraudulent, unlawful, or deceptive purposes.
When purchasing a product or service for another person, you represent that you are legally permitted to make the purchase and provide any necessary information relating to that person.
Purchases are intended for use by the person or persons expressly authorized under the applicable offer. Sharing account access, course access, recordings, login credentials, coaching materials, or purchased resources with unauthorized persons is prohibited and may result in suspension or termination of access.
If a payment is declined, reversed, disputed, or otherwise not completed, access to paid programs, materials, communities, or services may be suspended. We may contact you to resolve the payment issue. Access may be restored after the outstanding payment is successfully resolved.
Specific payment plans, renewal terms, cancellation terms, refund terms, and program conditions may be presented at the time of purchase. Those specific terms form part of your agreement with Level Up Blues.
Interactive Features
The Site, our programs, or our services may include interactive features such as online communities, discussion areas, comments, live calls, group coaching, direct messaging, or other features that allow users to communicate with Level Up Blues or with one another.
You are responsible for the material that you post, transmit, submit, or communicate through these features. You agree not to restrict or interfere with another person’s use of the Site; impersonate another person or entity; misrepresent your identity or affiliation; disrupt servers, networks, accounts, or services; gain unauthorized access to any system or account; or attempt to obtain information or materials through methods not intentionally made available to you.
You may not use the Site or our interactive features to post, transmit, or distribute unlawful, threatening, abusive, harassing, defamatory, obscene, indecent, fraudulent, or otherwise harmful material. You may not submit material that violates another person’s privacy, publicity, copyright, trademark, contractual, or other legal rights.
You may not upload viruses, malware, corrupted files, malicious code, or other harmful technology. You may not use the Site to advertise, solicit, promote, or sell outside products or services without our written approval. You may not collect or use another member’s contact information for marketing, solicitation, harassment, or any unrelated purpose.
Level Up Blues may remove, restrict, edit, or refuse user-created content when we reasonably believe that it violates these Terms, disrupts the community, threatens the safety or privacy of another person, infringes legal rights, or harms the operation of our programs or services.
Level Up Blues may suspend or remove users who fail to comply with these Terms or applicable community guidelines. We may also restrict future access to communities, group calls, programs, or interactive features.
Information and opinions posted by users are their own. Level Up Blues does not necessarily endorse or guarantee the accuracy of statements made by participants. You are responsible for evaluating information obtained through public discussions, communities, comments, or other user-generated areas.
Level Up Blues has no obligation to monitor every communication or posting. However, we reserve the right to monitor or review content when reasonably necessary to operate our programs, address complaints, enforce these Terms, protect our members, or comply with legal obligations.
We may disclose material and relevant information regarding its transmission when reasonably necessary to comply with applicable law, a court order, legal process, or governmental request, or to protect Level Up Blues, our clients, users, visitors, or others from unlawful or harmful conduct.
We may include access to an online community as part of a program. Our goal is to maintain a useful, respectful, and supportive environment. We reserve the right to remove any member whose behavior substantially disrupts the community, violates these Terms, harms another member, or interferes with the purpose of the program.
Registration
To access certain features of the Site, programs, products, communities, or services, you may be asked to register and provide information such as your name, e-mail address, telephone number, location, or other information reasonably necessary to provide the requested service.
You agree to provide accurate, current, and complete information during registration and to update that information when necessary.
If we have reasonable grounds to believe that registration information is false, inaccurate, incomplete, fraudulent, or being used without authorization, we may suspend or terminate the account and refuse current or future access to the Site or affected services.
Our collection and use of personal information provided during registration are governed by our Privacy Policy.
Passwords
Certain features of the Site may require a username, password, or other login credentials. You are responsible for maintaining the confidentiality and security of your account and login information.
You are responsible for activities that occur through your account when caused by your failure to safeguard your login information or by someone whom you permitted to use the account.
You agree to notify Level Up Blues promptly if you become aware of unauthorized access, unauthorized use, or another security breach involving your account. You should log out of your account at the end of a session when using a shared or public device.
Level Up Blues is not responsible for loss or damage caused by your failure to reasonably protect your password, login credentials, or account information.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEVEL UP BLUES AND ITS OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, OUR PROGRAMS, PRODUCTS, SERVICES, MATERIALS, COMMUNITIES, OR COMMUNICATIONS.
THIS LIMITATION INCLUDES, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF ACCESS, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION, OR RELIANCE ON INFORMATION OR USER-GENERATED CONTENT MADE AVAILABLE THROUGH THE SITE OR OUR SERVICES.
LEVEL UP BLUES WILL NOT BE RESPONSIBLE FOR DEFAMATORY, OFFENSIVE, UNLAWFUL, OR OTHERWISE IMPROPER CONDUCT BY ANOTHER USER OR PARTICIPANT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
If you are dissatisfied with the Site or any materials, programs, products, services, or terms offered through it, your primary remedy is to discontinue use of the affected Site, material, program, product, or service, subject to any rights that cannot legally be waived.
Educational Disclaimer
Level Up Blues provides guitar education, coaching, training, community access, and related informational services. Our materials are intended for general educational purposes. Although we aim to provide useful instruction, we do not guarantee a particular level of improvement, performance ability, confidence, mastery, completion, or other result. Testimonials, examples, demonstrations, and descriptions of client progress represent individual experiences. They do not guarantee that every participant will achieve the same or similar results. You are responsible for determining whether an exercise, practice routine, technique, recommendation, or activity is appropriate for you. You should stop any activity that causes pain or injury and seek appropriate professional advice when necessary.
Termination
We may suspend or terminate your right to use the Site or any portion of the Site when you materially violate these Terms, fail to make required payments, misuse our intellectual property, compromise the security of the Site, harm another participant, or substantially interfere with our programs or services.
When reasonably possible, we may provide notice or an opportunity to correct the issue. However, immediate suspension or termination may occur when necessary to prevent fraud, security threats, unlawful conduct, harassment, intellectual-property violations, or harm to Level Up Blues or another person.
After termination, you are no longer authorized to access the affected portion of the Site, program, community, product, or service.
Provisions relating to intellectual property, payment obligations, disclaimers, limitations of liability, dispute resolution, and other provisions that by their nature should survive will remain effective after termination.
Refund Policy
The availability of refunds depends on the specific product, program, coaching service, event, course, membership, or offer purchased.
Any applicable refund, cancellation, payment-plan, or satisfaction-guarantee terms will be disclosed in the offer, enrollment agreement, checkout page, invoice, or other purchasing materials for the specific product or service.
When no separate refund policy is stated, purchases are considered final to the fullest extent permitted by applicable law.
Failure to participate, attend coaching sessions, access materials, complete assignments, or use the purchased service does not automatically create a right to a refund.
Nothing in this section limits any refund or cancellation right that cannot legally be waived.
Other
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 provides procedures for copyright owners who believe that material appearing online infringes their rights under United States copyright law.
If you believe in good faith that material hosted by Level Up Blues infringes a copyright that you own or are authorized to enforce, you or your authorized agent may send us a written notice requesting that the material be removed or access to it restricted.
The notice should identify the copyrighted work, identify the allegedly infringing material and its location, provide your contact information, include a statement of good-faith belief that the disputed use is not authorized, and include a statement that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner. If you believe that material was removed or restricted as the result of a mistaken or incorrect infringement notice, you may submit an appropriate counter-notice.
Copyright notices and counter-notices may be sent to:
Assignment
These Terms of Service are binding upon and benefit Level Up Blues and its permitted successors and assigns. You may not assign or transfer your rights or obligations under these Terms without prior written consent from Level Up Blues. Level Up Blues may assign these Terms as part of a merger, acquisition, restructuring, sale of assets, transfer of the business, or similar transaction.
Governing Law and Dispute Resolution
These Terms of Service will be governed by and interpreted under the laws of the State of Texas, without regard to conflict-of-law principles.
To the fullest extent permitted by applicable law, disputes arising from or relating to these Terms, the Site, or services provided by Level Up Blues will be resolved through binding arbitration in Houston, Texas. Before initiating arbitration, the parties agree to make a reasonable good-faith effort to resolve the dispute informally. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be interpreted or limited to the minimum extent necessary, and the remaining provisions will continue in effect.
Disclaimer
Level Up Blues may modify these Terms of Service at any time. Updated terms will be posted on this page.
Your continued use of the Site, programs, products, or services after updated Terms are posted constitutes your acceptance of the revised Terms.
If you have questions or concerns regarding these Terms of Service, please contact: