TERMS AND CONDITIONS

Effective Date: September 20, 2019

Last Updated: September 20, 2019

            PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) BEFORE USING THE PROGRAM OR SERVICES. THEY ARE THE RULES AND REQUIREMENTS THAT APPLY TO USE OF THE PROGRAM AND SERVICES. DO NOT PURCHASE A SUBSCRIPTION, REGISTER FOR AN ACCOUNT, OR USE THE PROGRAM OR SERVICES IF YOU ARE NOT IN AGREEMENT WITH THESE TERMS.

            Welcome to NerdLevels (“Website” or “Site”), which is owned and operated by NerdLevels, LLC (“we,” “us” or “our”). NerdLevels, LLC provides the content and services available on this Website to you subject to the following terms and conditions, our Privacy Policy (https://nerdlevels.com/privacypolicy) and other terms and conditions and policies which you may find throughout our Website in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”). These Terms and Conditions set forth the legally binding terms and conditions for your use of this Website and the related services, features, content, or any purchases you make via the Website (collectively “use”). By using NerdLevels, including all of the services provided therein, and any other websites and applications that link to these Terms (collectively, the “Services”), you acknowledge that you have read and understand these Terms and agree to be bound by them. 

            In these Terms, “you” refers to Adult Users of the Services and purchasers of accounts. An “Adult” is a person of legal age who can enter into a contract in the state in which the user resides; by or using the Services, you represent and warrant that you are an Adult, and that you will be responsible for ensuring that any child or student authorized by you to use and access the Services does so in accordance with these Terms.

  • Accounts and Passwords
    1. Account Types: We currently offer the following types of accounts through the Services: Student Accounts, Teacher Accounts, K-12 Student Accounts, K-12 Teacher Accounts, and Classroom-Linked Accounts (collectively, “Accounts”). Users of the Services include “Child Users” (persons under the age of eighteen (18) years old who use the Services) and “Adult Users” (including parents and guardians of Child Users, persons eighteen (18) years old and older, teachers and school administrators, and librarians).
      1. Student Accounts: Student Accounts may be registered by Adult Users or Child Users (a “Student”). However, Student Accounts which are registered by Child Users in the United States under 13 years old may be subject to special restrictions. Student Accounts may be activated and will remain active so long as a subscription is maintained. Upon cancellation of the subscription, the Student Account will be immediately suspended. The Account will remain inactive for six (6) months, after which time the Student Account will be permanently deleted.
      2. Teacher Accounts: Teacher Accounts may be registered only by an Adult currently employed by NerdLevels, LLC or NerdLevels (a “Teacher”). The Teacher Account will be maintained only so long as the Teacher remains employed by NerdLevels, LLC or NerdLevels. Upon termination of employment, access to the Teacher Account will be immediately suspended. The Account will remain inactive for 6 months, after which time the Teacher Account will be permanently deleted.
      3. K-12 Student Accounts: K-12 Student Accounts may be registered by Adult Users or, with parental consent, Child Users (a “K-12 Student”). K-12 Student Accounts are available only to students currently enrolled in a registered School District. K-12 Student Accounts may be activated and will remain active between the first day of the school calendar year until the last day of the school calendar year, at which time all K-12 Student Accounts will be suspended. Subject to and in accordance with School District policy, the K-12 Student Account will remain inactive for 1 year upon matriculation from the twelfth grade, after which time the K-12 Student Account will be permanently deleted. For K-12 Student Accounts, the educational institution associated with the account will be charged directly.
      4. K-12 Teacher Accounts: K-12 Teacher Accounts may be registered only by an Adult currently employed by a School District (a “K-12 Teacher”). To be eligible for a K-12 Teacher Account, the K-12 Teacher must at all times during the subscription period be currently employed by the School District. The K-12 Teacher’s employment status must be independently verifiable, and the K-12 Teacher must only use or facilitate the use of the Teacher Account for students enrolled at the School District. By registering for a K-12 Teacher Account, you represent and warrant that (a) you have permission from the School District to enter into these Terms on its behalf and to use the Services as part of learning activities, and (b) your use of the Services and provision of student data through the Services is compliant with any obligations you and the School District have under applicable laws, including without limitation the Family Educational Rights and Privacy Act and California Student Online Personal Information Protection Act. If at any point in time you no longer are employed at, or have permission to use the Services from a School District, you agree that you will notify NerdLevels, LLC immediately. K-12 Teacher Accounts are offered in the sole discretion of NerdLevels, LLC. We reserve the right to decline to issue, cancel, or change the terms and/or conditions of any or all K-12 Teacher Accounts at any time for any reason, except with respect to the collection, use, and disclosure of Child User information, which we will treat in accordance with the relevant School District’s Privacy Policy. For K-12 Teacher Accounts, the educational institution associated with the account will be charged directly.

        Additionally, K-12 Teacher Accounts can be linked to a Student Account through a separate limited access account (a “Classroom-Linked Account”) to a student’s projects that have been assigned by a K-12 Teacher. Doing either allows the student to complete their Teacher’s assignments outside the classroom. In addition, linking a Student Account to a K-12 Teacher Account allows the K-12 Teacher to view the progress that the student completes in the Student Account. 

  1. Passwords and Account Access:
    1. General Public: Every registered Student Account must have one designated user who will have an email address/username and password for the account.
    2. K-12 Users: Every registered K-12 Student and Teacher Account must have one designated Adult User who must be at least 18 years of age. No Account may be registered without one designated Adult User who is at least 18 years of age. If you are 18 years of age or older and do register, you will have an email address/username and password for your account.
    3. All Users: You are responsible for maintaining the confidentiality of your password and Account information. You agree (a) that you will provide complete and accurate registration information about yourself and any individual you authorize to access your Account and keep your Account information up-to-date, (b) that you are solely responsible for all activities that occur under your Account, (c) to notify us immediately of any unauthorized Account use, (d) that we are in no way responsible for any loss that you may incur as a result of any unauthorized use of your Account and password, and (e) that you will not sell, transfer, or assign your Account or any Account rights. If we learn that an ineligible user has created an Account, we may seek confirmation of the user’s status or deactivate the Account. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.
  2. Services Ownership and License
    1. Ownership: As between us and you, the Services (including past, present and future versions) are owned and controlled by us and their Content is protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible. “Content” means all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, and computer code displayed on or available through the Services and the design, structure, selection, coordination, expression, and arrangement of such materials including, without limitation, (i) materials and other items relating to us and our products and services, including, without limitation, all activities, printables, characters, photographs, audio clips, sounds, pictures, videos, and animation; (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including ours (collectively, “Trademarks”); and (iii) other forms of intellectual property.
    2. Limited License: Subject to your strict compliance with these Terms and the Additional Terms, we grant you a limited, non-exclusive, revocable, non-assignable and nontransferable license (“License”) to access, display, view, use, and/or print copies of the Content on a personal computer, mobile phone or other wireless device, or other Internet-enabled device (each, an “Internet Device”) for your educational, non-commercial use only (e.g., Teachers may use Content from the Services for educating their students and Students may use the services for the purpose of completing assignments from Teachers). The License does not give you any ownership of, or any other intellectual property interest in, any Content or the Services, and you cannot otherwise use the Content or the Services without our express prior written permission. All rights not expressly granted to you are reserved by us and/or our licensors. Except as expressly provided in these Terms or with NerdLevels, LLC’s express prior written consent, no part of the Services and no Content may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, transmitted, broadcasted, sold, licensed or otherwise exploited for any purpose whatsoever. Any unauthorized use of any Content or the Services for any purpose is prohibited.
    3. K-12 Accounts: All rights, including all intellectual property rights, concerning content and information provided by K-12 Student and Teacher Accounts remain the exclusive property of the relevant educational institution. We have a limited, nonexclusive license solely for the purpose of performing our obligations as outlined in the agreement between NerdLevels and the educational institution. These Terms do not give NerdLevels any rights, implied or otherwise, to this content and information except as expressly stated in these Terms. This includes the right to sell or trade information.
  • Content You Submit

We may allow the posting, submission, or distribution of content created by users (“User-Generated Content”) on or through the Services. All rights to User-Generated Content, including all intellectual property rights, shall remain the exclusive property of the user. By posting, submitting, or distributing User-Generated Content on or through the Services, you grant us a limited, non-exclusive license to use, copy, distribute, display, transmit, and publish such User-Generated Content for the purposes specified in these Terms, the School District’s Privacy Policy, and any Additional Terms, in all formats, on or through any medium now known or hereafter developed, and with any technology or devices now known or hereafter devised. You consent to our publication of User-Generated Content generated through your account by any Child Users so long as the publication cannot be used to particularly identify such Child Users. In addition, if you are an Adult, you consent to the publication of information that can be used to identify you in conjunction with User-Generated Content. For example, we may display User-Generated Content submitted in response to prompted questions from the Services or publish any testimonials you send to us along with your name and other information you submit.

If you are California resident under the age of 18, you have the right to request deletion of content that you post on our website. Please contact us at help@nerdlevels.com to request deletion of your posted content. Note that we cannot guarantee your content will be completely removed, for example if a third party has reposted your content, and that we are not obligated to remove anonymized content.

  1. Services and Content Use Restrictions

You agree that you will not: (i) engage in any activities, including, without limitation, the uploading, posting, emailing, or transmitting of User-Generated Content, that (a) attempt to or do harm to us, the Services or any others; (b) are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to us, in our sole discretion; or (c) violate any right of any third party, including, without limitation, the uploading, posting, emailing, or transmitting of User-Generated Content that violates another person’s intellectual property right, right of publicity, trade secret right, or other proprietary right; (ii) reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through the Services, install any software, file, or code on the Services that is not authorized by NerdLevels, LLC, or attempt to do so; (iii) engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services; (iv) access or collect information from the Services using automated means (such as through scripts, robots scrapers, or spiders); (v) use any meta tags or other “hidden text” utilizing any of our Trademarks; (vi) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Services or its Content; (vii) use the Services for commercial or political purposes; (viii) disclose, harvest, or otherwise collect information, including email addresses, or other private information about any third party without that party’s express consent; or (ix) otherwise violate these Terms, or any Additional Terms, or solicit, encourage, or facilitate anyone else to do so.

  1. Linking to and from Our Services

When linking to our Services, you must adhere to the following requirements: (i) the link to the Services must not damage, disparage, present false information about or tarnish the goodwill associated with any of our Trademarks, products, services and/or intellectual property; (ii) the link to the Services must not create the false appearance that your websites and/or organization is sponsored by, endorsed by, affiliated with, or associated with us; (iii) with the sole exception of authorized Library Accounts, no one may “frame” the Services or create a browser environment around any of the Content; and (iv) you may not link to the Services from a website that is unlawful, abusive, indecent, or obscene; that promotes violence or illegal acts; that contains expressions of racism; that is libelous, defamatory, scandalous, or inflammatory; or that we otherwise deem inappropriate in our sole discretion. We reserve the right to prohibit linking to the Services for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.

            Additionally, this Website may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your transactions. 

 

            Moreover, we are not responsible for the content of any off-Website pages or any other websites linked to or from this Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Clicking links to other websites is done so at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.

 

  1. Governing Law, Injunctive Relief, and No Class Actions
    1. Governing Law/Jurisdiction: THESE TERMS, AND ANY ADDITIONAL TERMS, WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES.

    2. Dispute Resolution: If any controversy, allegation, or claim arises out of or relates to the Services or these Terms (collectively, “Dispute”), you and we agree to the following resolution process with respect to the Dispute. To most efficiently resolve any Dispute, you and we agree to first discuss the Dispute informally for at least thirty (30) days. To do so, the party who wants to raise the Dispute must first send to the other party a notice that must include (1) a description of the Dispute and (2) a proposed resolution (together, the “Dispute Notice”). If you want to raise a Dispute, you must send your Dispute Notice by certified mail to us at: Conkle, Kremer & Engel, Attention: Amanda Washton, 3130 Wilshire Boulevard, Suite 500, Santa Monica, California 90403.  If we would like to subsequently discuss your Dispute Notice with you, we will contact you by using contact information included with your Dispute Notice. If we want to raise a Dispute, we will send our Dispute Notice to you at the email address we have on file for you. If we do not have a valid email address on file for you, we will send our Dispute Notice to you through a means that complies with the service of process rules in the state of California.

You and NerdLevels, LLC must wait a minimum of thirty (30) days of receipt of the Dispute Notice before taking any additional legal action.  

You and NerdLevels, LLC agree that any Dispute shall be governed by and resolved in the Los Angeles Superior Court in accordance with the laws of the State of California.  In the event of a Dispute, the Parties agree that the prevailing party shall be entitled to its reasonable attorneys’ fees and costs.

  1. Timing of Claim: To help resolve any issues between you and us promptly and directly, you and NerdLevels, LLC agree that any Dispute Notice must be sent, or that any small claims or injunctive relief complaint permitted under this Section VI must be filed, within one year after the events giving rise to the Dispute arise; otherwise, the Dispute is waived.

  2. No Class Actions: You and NerdLevels, LLC agree that any Disputes will be litigated only on an individual basis and will not be consolidated with any other proceedings that involve any claim or controversy of any other party.
  • Disclaimer of Representations and Warranties

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK.

THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, we and our parent, affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “NerdLevels, LLC”), hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

  • The Services (including the Content and the User-Generated Content);
  • The functions, features, or any other elements on, or made accessible through, the Services;
  • Any products, services, or instructions offered or referenced at or linked through the Services;
  • Whether the Services (and their Content), or the servers that make the Services available, are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Internet Device);
  • The specific availability of the Services, and whether any defects in the Services will be repaired, or will be repaired in a particular time frame; and
  • Whether your use of the Services is lawful in any particular jurisdiction.

EXCEPTING ONLY AS MAY BE SPECIFICALLY SET FORTH IN ANY ADDITIONAL TERMS, NERDLEVELS, LLC HEREBY FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to the extent that such jurisdictions’ laws are applicable.

  • Limitations of Liability

UNDER NO CIRCUMSTANCES WILL  ANY NERDLEVELS, LLC BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:

  • The Services (including the Content and the User-Generated Content);
  • Your use of or inability to use the Services, or the performance of the Services;
  • The failure of a child user to learn or otherwise benefit educationally from their use of the Services;
  • Any action taken in connection with an investigation by NerdLevels, LLC or law enforcement authorities regarding your access to or use of the Services;
  • Any action taken in connection with copyright or other intellectual property owners or other rights owners;
  • Any errors or omissions in the Services’ technical operation; or
  • Any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, inaccuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if NerdLevels, LLC were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, force majeure, telecommunications failure, or destruction of the Services).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NERDLEVELS, LLC’S TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE PREVIOUS TWELVE MONTHS FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION.

  1. Indemnity

To the maximum extent allowed by law, you agree to indemnify, defend and hold harmless the NerdLevels, LLC from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (a) your breach or alleged breach of these Terms; (b) your use of the Services or activities in connection with the Services; (c) your User-Generated Content; (d) your violation of any law, rule or regulation; or (e) your violation of any third party rights. NerdLevels, LLC reserve the right to assume, at their sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with NerdLevels, LLC in asserting any available defenses. You will not, in any event, settle any claim without our prior written consent. If any child you authorize to use or access the Services disaffirms any or all of these Terms, you agree to defend, indemnify and hold us harmless for any damages we suffer by the child’s disaffirmance.

  1. Infringement Policy and Reporting Procedure

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), our designated agent to receive notices of copyright infringement is Amanda Washton at Conkle, Kremer & Engel, PLC, who may be reached by email at a.washton@conklelaw.com, or by postal mail at 3130 Wilshire Boulevard, Suite 500, Santa Monica, California 90403. If you believe that your material has been posted on, or distributed via, the Services in a way that constitutes copyright infringement, please provide the following information to Amanda Washton as required by the DMCA: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (the “complaining party”); (ii) identification of the copyright work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party (name, address, telephone number, and email address) has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The DMCA provides that a person who knowingly materially misrepresents that material or an activity is infringing may be subject to liability. We may send the information in the notice from the complaining party to the person who provided the allegedly infringing material.

  1. Submission of Feedback

Under certain circumstances, we might ask Adult Users for feedback or ideas as to their experiences with our Services. If you choose to provide us with feedback, you acknowledge and agree (i) that you have no expectation of review, compensation, or consideration of any type for any such feedback or ideas, and (ii) we will be free to use and exploit such feedback or ideas in our discretion and without compensation or obligation to you.

  • General Provisions
    1. Your Obligations and Responsibilities: In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on this Website. You shall act always in accordance with law, custom and in good faith. You may not make any change or alteration to the Website or any Content or services that may appear on this Website and may not impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to NerdLevels, our affiliates, partners or licensors.
    2. Termination and Suspension: We reserve the right to discontinue the Services or suspend or terminate your access to it, including any Accounts or User-Generated Content submitted by you, at any time, without notice, for any reason and without any obligation to you or any third party. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, or otherwise violates these Terms, then we may suspend or terminate your Account or deny you access to all or part of the Services. Any suspension or termination will not affect your obligations to us, including any payment obligations to us, and you will not be entitled to a refund of any payments. Upon suspension or termination of your access to the Services, or upon notice from us, your License to use the Services will terminate immediately.
    3. Communications: When you communicate with us electronically, such as via a Services communication tool, you consent to receive communications from us electronically. You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by email or by posting notices on this Website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by using the contact information provided below and discontinue your use of this Website. In such event, all rights granted to you pursuant to these Terms and Conditions shall automatically terminate.  We cannot provide the benefits of this Website to any user that cannot consent to receipt of Notices electronically. We will rely on the email provided by you when sending out these notices. It is your responsibility to maintain a current email address. Your failure to maintain an active email and keep it current with our Website will not constitute a lack of notice. Please note that we will do our best to respond to your inquiry, but it may take us some time.
    4. Operation of Services; International Issues: We control and operate the Services from our headquarters in San Francisco, California, U.S.A. Although access to our Site may be made internationally, we make no representation that materials on this Site are available outside the United States. Products and promotions are unavailable outside of the United States, unless expressly noted and is otherwise void where prohibited. If you use the Services from other locations, you are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply (e.g., any local education regulatory or data privacy laws). You and we disclaim any application of the Convention on Contracts for the International Sale of Goods.
    5. Severability; Interpretation: If any provision of these Terms, or any Additional Terms, is for any reason deemed unenforceable by a court or arbitrator, you agree that the remaining provisions contained in these Terms and Additional Terms will continue in full force and effect. You agree that these Terms, and Additional Terms, will not be construed against us although we drafted them.
    6. Assignment: We may assign our rights and obligations under these Terms, or any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms, and any Additional Terms, may not be assigned by you, and you may not delegate your duties under them.
    7. No Waiver: No waiver by us of any of these Terms will be of any force or effect unless made in writing and signed by NerdLevels, LLC or an authorized agent or representative.
    8. Updates to Terms: We reserve the right to modify these Terms, or any Additional Terms, from time to time in our sole discretion (“Updated Terms”). You agree that any Updated Terms will be effective immediately upon our posting them on the Services and, if you have an Account, either by displaying an alert upon log-in to the Services, or by directly communicating them to you (e.g., via the email address associated with your Account), provided that (i) any modification to Section VI related to dispute resolution shall not apply to any Dispute initiated prior to the applicable modification, and (ii) any modification to provisions related to fees and billing shall not apply to fees incurred prior to the applicable modification.
    9. Contact Us: If you have any questions or concerns with respect to these Terms or the Services, you may contact us here:
      1. Alex Larrimore, Director
        NerdLevels
        1523 41st Avenue
        San Francisco, CA 94122
        (847) 421-1399
        help@nerdlevels.com