Terms of Use

TERMS AND CONDITIONS OF SERVICE

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Please read these terms and conditions carefully before using Our Service.

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Definitions

For the purposes of these Terms and Conditions:

Community Platform means the online environment, hosted and managed by 7th Level Inc. where Customers may interact with one another and with employees or representatives of 7th Level. The Community Platform may include, but is not limited to, discussion forums, messaging features, member profiles, live events, video sessions, groups, channels, or any other digital space designed to facilitate peer-to-peer and member-to-host communication.

Company (referred to as either "the Company", "We", "Us" or "Our") refers to 7th level Inc. 15279 N. Scottsdale Road Suite B2-250 Scottsdale, AZ 85254.

Order means a request by You to purchase Services or Products from Us.

Online Portal refers to the secure, web-based or application-based digital interface provided by 7th Level Inc., through which Users may access services, content, features, tools, communications, and account-related information offered. The Portal may include, but is not limited to, dashboards, user accounts, training materials, downloadable resources, communication functions, and any other digital features made available to the User by 7th Level.

Product(s) means any tangible or digital item offered, sold, or otherwise provided by the Company, including, but not limited to printed materials, books, guides, manuals, digital downloads, electronic publications, audio or video recordings, and any other resources relating to sales training, techniques, or the development of sales-related skills.

Service(s) refers to any services or products provided by the Company, whether for a fee or free of charge, whether offered on a subscription basis, as one-time purchases, or through other delivery methods.

Platform(s) refers collectively to the Company's websites(s), online portals, applications, software tools, and any other digital infrastructure, whether owned, licensed, or hosted by third parties, through which the Company delivers, offers, or makes available its Services and Products. 

Subscriptions refers to the services or access to the Service offered on a subscription basis by the Company to You.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

User means (a) if the Customer is an individual, the individual Customer; and (b) if the Customer is an entity, the Customer’s employees, representatives, consultants, contractors, or agents who are authorized by the Customer to access and use the Services and Products for the Customer’s benefit and who have been assigned unique user identifications and passwords.

You mean the individual or the entity using the Services or Products and Websites of the Company and identified in the applicable account record, billing statement, or online subscription process, as the customer. For purposes of these Terms, the term “Customer” refers to that individual or entity.

Website refers to https://nepqtraining.com

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Acknowledgment

Your access to and use of the Service is conditioned on Your acceptance of and compliance with Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Services.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. If we find out that You are younger than 18 and using Our Services, We may terminate Your account.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Please read Our Privacy Policy carefully before using Our Service.

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. Any such modifications shall be effective immediately. If a revision is material, we will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

These Terms are intended to supplement and not replace any signed Purchase Agreement (“Agreement”) between the parties. In the event of any conflict or inconsistency between these Terms and the Agreement, the terms of the Agreement shall prevail.

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1. Services and Products

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Portal 

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• Access. 7th Level’s NEPQ® Training Portal is a secure, user-specific online learning environment designed to help sales professionals develop and master the Neuro-Emotional Persuasion Questioning (NEPQ) methodology. In order to access the training Portal You must: 

• Create Your account within our training portal by selecting a username and password upon completing the registration process. You are fully responsible for maintaining the confidentiality of Your username and password. You agree to immediately notify 7th Level if You know, or have reasonable grounds to suspect, that Your username and password have been compromised. 

• Ensure Your payment has been successfully processed.

The Company may, in its sole discretion, discontinue or modify content hosted in the Portal without any refund or notice to customers. 

• User Credentials. Login credentials are personal and may only be used by the individual to whom they were issued. Sharing login information with others is strictly prohibited.

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NEPQ® Black Book of Questions

• Placing Order. If You wish to place an Order for the physical version of The Black Book through the Company’s Website, You may be required to provide certain information necessary to process and fulfill Your Order including, but not limited to, Your name, email, phone number, credit card details, billing address, and shipping information.

By submitting such information, You authorize the Company to share such information with third party payment processors and shipping providers solely for the purpose of completing and delivering Your Order.

• Shipping Terms. The Black Book is subject to the following shipping and handling timeframes.

• Orders are generally processed within 1 business day, excluding weekends and holidays. 
• The estimated delivery timeframes are
  
  • Local (FedEx): 2–3 business days
  • International (USPS International) and PO Box: 7–10 business days

7th Level does not guarantee delivery dates and is not liable for delays caused by carriers, customs, weather, or other factors beyond Our control.

• NEPQ® Black Book of Questions Cancellations. You may request a refund for the purchase of the NEPQ Black Book of Questions within 30 days from the date of purchase. To initiate a refund, You must submit a request to Our customer support team at support@7thlevel.com. Refund requests submitted through any other means of communication will not be considered valid and will not be processed. 

Coaching 

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• Coaching Session Pause. If You purchased Inner Circle Coaching services, You may request to pause the weekly coaching session once, during the service term, for up to thirty (30) consecutive days. 

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You must provide at least five (5) business days' written notice to the Customer Support team at support@7thlevel.com before initiating the pause period. The Coaching pause must be taken as a single continuous period and cannot be divided into increments. Your payment obligations shall remain unaffected by the coaching pause, and all payments must continue as scheduled.

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• Coaching Attendance (Entity Customers Only). If the Customer is an entity, Customer acknowledges that participation in scheduled group coaching calls, leadership conference calls, and other applicable sessions is an integral part of the Services. In the event the Customer or its authorized participants fail to attend a scheduled session without providing at least twenty-four (24) hours’ prior written notice, such session will be deemed forfeited for that month. Forfeited sessions will not be rescheduled, credited, or carried over to subsequent months.

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2. Subscriptions

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Subscription Period. Some of Our Services are available only with a paid Subscription. By signing up for a subscription, You agreed to be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of subscription plan You select when purchasing the subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it (See ‘Cancellation Deadlines’ below). 

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Fees Changes. The Company, in its sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current subscription period. 

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The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

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Your continued use of the Service, after the subscription fee change comes into effect, constitutes Your agreement to pay the modified subscription fee amount.

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Subscription Cancellations. You may cancel your Subscription renewal either through your Account settings page or by contacting the Company. Cancellations take effect at the end of your current billing period, and you will continue to have access to the Service until that time. No partial or prorated refunds will be issued for unused portions of the billing cycle.

Cancellation Deadlines:

• Team Train Subscriptions: A minimum of thirty (30) days’ advance written notice is required.
• Community, Fundamentals/Academy, Pro, Inner Circle, and 7Q.ai subscriptions: You may cancel at any time through your Account portal. To avoid being charged for the next billing cycle, your cancellation must be completed no later than 11:59 PM EST on the day before your renewal date.

How to Cancel. To cancel, log into your account via the Chargebee link located in the Disco Community Platform, navigate to “Subscription Settings,” and follow the prompts to confirm cancellation. You will receive an email confirmation once your cancellation has been successfully processed.

Support. If You experience any issues with cancellation, please contact our support team before the end of Your current Subscription period at support@7thlevel.com.

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3. Payment Terms. 

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You agree to provide accurate and complete billing and payment information to the Company. By submitting such information, You authorize the Company to charge all fees associated with Your purchase, whether a one-time transaction or a recurring subscription, to the payment method You provide.

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You further agree to pay all charges incurred by You at the prices posted at the time of purchase, including any applicable shipping and handling fees, taxes, and other surcharges, as detailed in Your order summary. For subscription-based services, You acknowledge and agree that recurring charges will be automatically billed in accordance with the subscription terms unless and until You cancel in accordance with our cancellation policy.

4. Final Sale Policy. 

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Except as expressly provided in these Terms for specific applicable Services and Products, all other product purchases  are considered final sale and are not eligible for refund or return.  

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5. Unlimited Access Disclaimer. 

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Where the term “Unlimited Access” is used in connection with the sale of any Product or service, it shall be understood to mean access to the applicable portal and/or specified content for as long as such product, service, or content is made available by the Company. The Company reserves the right to modify, discontinue, or remove any Product, Service, at its sole discretion and without prior notice, and such modification or discontinuation shall not be deemed a breach of the promise of “Unlimited Access.”

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6. User Designation and Responsibilities. 

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Customers may designate one or more Users, if applicable, and must identify each authorized User to Company in writing. Access to the Portal is permitted only by such authorized Users. 

Customer is responsible for all activity occurring under Customer User accounts and shall comply with all applicable federal, state, and local laws, and these Terms.

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7. Customer Code of Conduct

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Code Of Conduct Rules.  As part of the use of Our Services, User may be included in virtual or in person events, social media groups or communities of the Company’s where User may have the opportunity to interact with Company’s representative or employee  and other Customers of 7th Level. You agree not to:

• Engage in any abusive, harassing, threatening, or otherwise inappropriate behavior towards other customers, any representative or employee of the Company;
• Upload, post, or transmit any informational content that is unlawful, defamatory, vulgar, obscene, libelous, invades the privacy of another, threatens another person or entity, or is otherwise objectionable;
• Collect personal information on, “cyberstalk” or harass another user, or engage in conduct that negatively affects the online experience of another user;
• Impersonate another user, person, or entity, including any official or employee of 7th Level;
• Intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
• Upload, post or transmit any software or files that contain software viruses or other harmful computer code;
• Interfere with the operation of 7th Level web servers or other computers or Internet or network connections;
• Upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
• Upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail.”

Customer Suspension. At its sole discretion, 7th Level may limit, suspend, or terminate Your access and use of Services without a refund or payment forgiveness if You or your authorized User become disruptive to 7th Level or its other Customers and/or are in violation of Customer Code of Conduct as defined here above. 

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8. Price Policy. 

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The Company reserves the right to revise its prices at any time prior to accepting an Order.

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The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

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9. Community Ambassadors

The Company may, at its discretion, grant certain Community members the designation of “Ambassador.” This designation is honorary and voluntary, offered only to users with a Fundamentals-level subscription or higher.

The Ambassador designation does not create any employment, agency, partnership, or contractor relationship with the Company and confers no compensation, benefits, or rights beyond participation within the Company’s online community. Ambassadors may be provided limited complimentary access for the purpose of community engagement only.

The designation may be revoked, modified, or suspended at any time at the Company’s sole discretion. Ambassadors act in their individual capacity, and their statements or conduct do not represent or reflect the views or positions of the Company, which assumes no liability for such statements or conduct.

Community Ambassadors are expected to contribute positively to discussions and interactions within the Company’s private, paid community groups, encourage respectful and constructive participation among members, and uphold the community standards, policies, and values established by the Company. Ambassadors may be invited to assist with facilitating discussions, welcoming new members, or sharing insights and experiences within the Community. Ambassadors have no authority to represent, bind, or speak on behalf of the Company in any external capacity.

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Community Ambassadors shall not: (i) make statements, offers, or representations to other members or third parties on behalf of the Company; (ii) engage in any conduct, communication, or activity that violates the Company’s community guidelines, applicable law, or these Terms; (iii) use the “Community Ambassador” designation for personal or commercial gain; or (iv) share or distribute proprietary content, materials, or discussions inside or outside the Company’s community without prior authorization; or (v) create or facilitate any groups, forums, or communications outside of the Company’s official community channels. The Company may revoke, suspend, or modify the Ambassador designation at any time for violation of these rules or for any reason at the Company’s sole discretion.

10. Privacy. 

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Please review Our Privacy Policy which governs how we collect, use and share Your information. By using the Platforms and providing any information to 7th Level whether through registration, interactive features, or otherwise You consent to Our collection and use of such information in accordance with the Privacy Policy. You further authorize Us to assign or use information related to Your use of the Platform in any manner consistent with that Policy.

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11. Use and Disclosure Credit Information. 

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In connection with certain Services We provide, We may request access to Your consumer credit information through one or more of Our authorized third-party service providers. This access will only occur with Your express consent and solely for the purpose of evaluating Your eligibility for specific products, services, or payment options offered by the Company.

In such cases, We may initiate a "soft" credit inquiry, which does not impact Your credit score or appear as a "hard" inquiry on Your credit report. Your credit information will be accessed only in accordance with applicable laws, including the Fair Credit Reporting Act (FCRA), and will not be disclosed to third parties except as required to deliver the requested service or as otherwise permitted by law.

By proceeding, You authorize Us and Our third-party partners to obtain and use Your credit information for the limited purposes described above.

12. Data. 

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Customer authorizes Company and its Third-Party to track and collect data on Customer’s behalf, regarding the performance of the Services provided to Customer hereunder, including data regarding the type and quality of consumer interactions with the Services and any other analytics associated with the Services (“Performance Data”). As between Customer and Company, Customer shall own the Performance Data. Customer grants to Company and its third-party provider a royalty-free, non-exclusive, irrevocable, perpetual license to use such Performance Data in any manner.

Links to Other Websites. Our Services may contain links to third-party websites or services that are not owned or controlled by the Company.  By linking to these websites, We do not create or have an affiliation with, or sponsor such third-party websites. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Disclaimers 

• THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
• TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORMS, ANY SERVICES OR PRODUCTS OBTAINED THROUGH THEM, OR FROM YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE PLATFORMS OR ON ANY LINKED WEBSITES.
• ANY AND ALL DATA, ADVICE OR SUGGESTIONS PROVIDED IN CONNECTION WITH THE SERVICES ARE FOR INFORMATIVE PURPOSES ONLY AND ARE NOT INTENDED AS SPECIFIC LEGAL, FINANCIAL, INVESTMENT OR TAX ADVICE. YOU ASSUME FULL RESPONSIBILITY AND RISK IF YOU CHOOSE TO RELY ON SUCH INFORMATION. YOU ARE ENCOURAGED TO MAKE INDEPENDENT DETERMINATION OR SEEK PROFESSIONAL ADVICE TAILORED TO YOUR BUSINESS OR PERSONAL NEEDS.
• 7th LEVEL MAKES NO EXPRESS WARRANTY THAT IT WILL MAINTAIN CUSTOMER DATA OR OTHER DATA WITHOUT LOSS. CUSTOMER IS RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT, AND CONTROL OF CUSTOMER’S USE OF THE SERVICES. 
• TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL 7TH LEVEL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORMS, THE SERVICES, PRODUCTS ANY WEBSITES LINKED TO THEM, OR ANY CONTENT ASSOCIATED WITH THEM, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF 7TH LEVEL AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO 7TH LEVEL FOR THE APPLICABLE PROGRAM, PRODUCT AND/OR SERVICE OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Communications. User consents to receiving telephonic or electronic correspondence and other communications from 7th Level at any email address or telephone number provided to 7th Level by User, including via phone call, email, SMS, or MMS text message, which may be delivered through an auto-dialer, automated system, or prerecorded voice message.

‍You may receive recurring automated messages and message frequency may vary. Message and data rates may apply. Consent to receive marketing or informational text messages is not a condition of purchase.

‍User may opt out of SMS or MMS communications at any time by replying “STOP” to any message sent by the Company. User may obtain assistance by replying “HELP” or by contacting the Company’s customer service team at support@7thlevel.com.

After opting out, User may receive a confirmation text message. We do not share mobile numbers with unaffiliated third parties for their own marketing or promotional purposes.

‍User agrees that telephone or video conversations between User and Company may be monitored and/or recorded by Company for quality assurance, training, compliance, and verification purposes

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Ownership; Licenses.

Ownership Rights. All content made available through Our Services and any related Platforms, including but not limited to text, graphics, logos, videos, audio, documents, and software is the exclusive property of 7th Level or its content providers and is protected by applicable copyright, trademark, and other intellectual property laws. No content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or otherwise used in any manner without the express prior written consent of 7th Level, except as expressly permitted in these Terms. Use of the Platforms or purchase of any 7th Level Products or Services does not confer any ownership rights or license beyond those expressly granted herein.

License and Permitted Use. 7th Level grants You a limited, revocable, non-transferable, non-exclusive license to access and use the Platforms, Services and Products solely for Your own personal use and not for republication, distribution, assignment, sublicense, sale, or other use. You agree not to copy materials on the Platforms, reverse engineer or break into the Platforms, or use materials, Products or Services in violation of any law. Any use not stated above is a violation of this license and will result in the revocation of Your access, and may result in 7th Level taking legal action against You under the copyright laws. 

Call Recording Consent. YOU ACKNOWLEDGE AND CONSENT THAT 7TH LEVEL MAY MONITOR AND RECORD TELEPHONE CALLS, VIDEO CALLS, OR OTHER LIVE COMMUNICATIONS BETWEEN CUSTOMER AND 7TH LEVEL. SUCH RECORDINGS WILL BE USED SOLELY FOR INTERNAL BUSINESS PURPOSES, INCLUDING QUALITY ASSURANCE, TRAINING, AND COMPLIANCE MONITORING.

IN ADDITION, YOU GRANT 7TH LEVEL PERMISSION TO USE SUCH RECORDINGS, OR EXCEPTS OF RECORDINGS, FOR MARKETING, PROMOTIONAL, OR TESTIMONIAL PURPOSES. IF YOU DO NOT WISH TO BE INCLUDED IN RECORDINGS USED FOR MARKETING OR PROMOTIONAL PURPOSES, YOU MAY OPT OUT AT ANY TIME BY SUBMITTING A REQUEST THROUGH THE FOLLOWING LINK: SUPPORT@7THLEVEL.COM.

Dispute Resolution. IF YOU HAVE A COMPLAINT OR DISPUTE, YOU AGREE TO FIRST CONTACT US AT SUPPORT@7THLEVEL.COM TO ATTEMPT TO RESOLVE SUCH COMPLAINT OR DISPUTE. 

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. THE ARBITRATION SHALL BE CONDUCTED IN ARIZONA. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.

NOTWITHSTANDING ANY PROVISION TO THE CONTRARY HEREIN, 7TH LEVEL RESERVES THE RIGHT TO PURSUE LEGAL ACTION IN A COURT OF COMPETENT JURISDICTION FOR THE FOLLOWING CLAIMS: (I) FOR PAYMENT ARISING FROM THE PURCHASE OF ITS PRODUCTS OR SERVICES PURSUANT TO AN APPLICABLE PURCHASE AGREEMENT; (II) RELATED TO THE ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF ITS INTELLECTUAL PROPERTY RIGHTS.

Indemnification. You agree to defend, indemnify, and hold harmless 7th Level, its subsidiaries, affiliates, licensors, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) from and against any and all third-party claims, costs, damages, losses, liabilities, and expenses arising out of or in connection with (a) use or modification of any Services in breach of these Terms, or in any manner not authorized by these Terms, (b) Customer’s violation of Laws or the rights of a third-party, or (c) any breach of these Terms. 7th Level  will give Customer prompt written notice of any Claim and will cooperate in relation to the Claim at Customer’s expense.

Governing Law and Jurisdiction.  These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts of laws provisions will govern these Terms and any dispute that may arise between You and 7th Level or its affiliates. Any dispute, claim, or controversy arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona, and by using the Services, you irrevocably submit to the personal jurisdiction of such courts. To the extent that applicable law prohibits enforcement of exclusive jurisdiction in Maricopa County, Arizona, such law shall govern, and jurisdiction shall be determined accordingly.

Force Majeure. 7th Level shall not be liable or responsible for any failure or delay in fulfilling or performing any term of these Terms or a purchase agreement when and to the extent such failure or delay is caused by or results from acts beyond 7th Level's  reasonable control, including, without limitation, the following force majeure events: acts of God, natural disasters, war, terrorism, or government actions.

About These Terms

Changes. We reserve the right, at Our sole discretion, to modify, update, or replace these Terms and Conditions at any time. Any changes will become effective immediately upon posting the revised Terms on Our websites, unless otherwise specified.

Assignment. 7th Level may assign its rights under these Terms at any time, and without notice to You. Your rights under these Terms may not be assigned without Our express written consent.

Severability. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Waiver. The failure of 7th Level to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by 7th Level must be in writing and signed by an authorized representative of 7th Level.

Contact Us. If You have any questions about these Terms and Conditions, You can contact us by email at support@7thlevel.com.

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