TERMS OF SERVICE
Last updated: February 1, 2023
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY.
Welcome to our website located at https://www.nextlevellit.com/consultation (the “Site”), which is owned and operated by JL Stermer (“JL Stermer,” “we,” “us,” or “our”). We offer one-on-one consultation services for writers, designed to meet writers wherever they are at and help them get to the next level of their careers. The Site and any other programs, offerings, and services that we may offer from time-to-time shall be collectively referred to as the “Services”.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 17). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 17 OR WHERE OTHERWISE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND JL STERMER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Click on the links below to jump directly to the applicable Sections of the Terms:
1. Eligibility and Authority
You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction of residence, to purchase Services for yourself or as an adult parent or legal guardian on behalf of a minor child. By agreeing to these Terms, you hereby represent and warrant that: (a) you are at least eighteen (18) years of age (or the age of legal majority in your jurisdiction of residence); (b) if you are the adult parent or legal guardian of the minor child/children participating in any Services, you will accompany and monitor said child’s use of the Services; (c) you have not previously been suspended or removed from the Services; and (d) your use of the Service is in compliance with all applicable laws and regulations applicable to you. By accepting or agreeing to the Terms on behalf of a minor child, “user, “you,” and “your” will also refer and apply to that minor child. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time. The right to access and use the Services may be revoked at any time where these Terms or use of the Services is prohibited or conflicts with any applicable law, rule, or regulation. Further, the Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third party.
For so long as you are in compliance with these Terms and solely for so long as you are permitted by us to access and use the Services, we grant you a limited, non-transferable, non-exclusive, non-assignable, revocable right and license to access and use the Services on behalf of yourself or on behalf of your minor child’s personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license will remain in effect unless and until you violate these Terms, or this license is terminated by you or us.
Unless otherwise specified, copying or modifying any content on the Site or using such content for any purpose other than your personal, non-commercial use of the Services is strictly prohibited. You agree to not reproduce, publish, distribute, redistribute, display, modify, adapt, translate, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile, or disassemble any aspect of the Services, in whole or in part, in any form or by any means, whether manual or automatic, without our prior express written consent, in each specific instance.
You agree that you will not take any actions that will interfere with or damage the Services. Licenses granted herein are subject to you keeping intact all copyright and other proprietary notices contained in any materials we make available to you. This license will remain in effect unless and until you violate these Terms or your license is terminated by us. All rights not expressly granted to you herein are reserved by us. Users acknowledge and agree that all misappropriation or misuse of any other information contained on the Site or otherwise made available to you by JL Stermer will cause irreparable harm to us and that in such event money damages will not constitute sufficient compensation to us. If you, directly or indirectly, misappropriate or misuse any such information or materials contained within or made available through the Services, you specifically consent to JL Stermer obtaining injunctive relief against you in addition to any other legal or financial remedies to which we may be entitled.
4. Purchase of Services
Some of the Services provided by JL Stermer may require you to make a purchase. Services requirements and fees are set forth on the Site or by other means through the Services. Features and prices on the Site are subject to change. When you purchase Services, you will be required to provide some information about yourself, such as your email address, or other contact information. You agree that the information you provide is accurate and that you will keep it up to date at all times. We reserve the right to terminate your right to access or utilize the Services if we determine that the information you provide to us is incorrect, false, or otherwise not up to date.
5. Prohibited Conduct
By using the Services, you agree not to:
a] Use the Services for any illegal purpose or in violation of any local, state, national, or international laws, rules, and regulations;
b] Use the Services in connection with any offerings that compete directly or indirectly with the Services;
c] Obtain, attempt to obtain, or redistribute any Materials (as defined in Section 9 below) or information available through the Services through any means not intentionally made available by JL Stermer, including by any form of automated access, scraping, or similar process, without our express written permission;
d] Infringe, misappropriate, violate, or encourage others to infringe, misappropriate, violate, any right of a third party, including by infringing or misappropriating third party intellectual property rights or rights of publicity or privacy;
e] Post, upload, submit or distribute any information that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise offensive or inappropriate;
f] Interfere with security-related features of the Services, including by: (i) disabling or circumventing features; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services;
g] Interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Services; (iii) attempting to collect personal information or data about another user or third party without consent; or (iv) interfering with, overburdening, or disrupting any network, equipment, or server connected to or used to provide the Services, or violating any regulation, policy, or procedure of any such network, equipment, or server;
h] Perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, or accessing any other Services account without permission;
i] Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
j] Attempt to do any of the acts described in this Section 5 or assist or permit any person to engage in any of the acts described in this Section 5.
We reserve the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
6. Changes to the Services
We reserve the right to modify or discontinue all or any part of the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you, at our sole discretion.
Upon termination of these Terms all licenses granted to you herein will immediately terminate. The following Sections survive termination: Privacy (Section 3), Ownership and Proprietary Rights (Section 9), Disclaimer of Warranties (Section 12), Limitation of Liability (Section 13), Indemnification (Section 15), Arbitration (Section 17), Choice of Law and Forum (Section 18), and all general provisions.
8. Third-Party Services and Linked Websites
9. Ownership and Proprietary Rights
You acknowledge and agree that the visual interfaces, graphics, designs, compilations, information, data, computer code (including source code or object code), products, software, programs, and all other elements of the Services (collectively, the “Materials”) provided by JL Stermer are protected by intellectual property and other laws. All Materials contained in the Services are the property of JL Stermer. We reserve all rights to the Materials not granted expressly in these Terms.
10. Intellectual Property
All trademarks, trade names, logos, domain names, designs, and other distinctive signs, copyrights, and patents used in connection with the Site (collectively, the “Intellectual Property”) are property of JL Stermer. We have exclusive rights to use our respective Intellectual Property. You are not granted any rights in or to the Intellectual Property, and you agree not to use the Intellectual Property without our prior written authorization on a case-by-case basis. We respect the intellectual property rights of others, and we ask our users to do the same. We vigorously enforce our intellectual property rights to the fullest extent permitted by law. We will prosecute any unauthorized use or reproduction of the Intellectual Property, databases used to store such Intellectual Property, and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
If you believe your intellectual property rights have been violated in any manner by the Site, please provide written notice of the same to firstname.lastname@example.org. If notified of an allegation that the Site contains infringing information, materials, or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Site.
We will make reasonable efforts to keep the Site available 24 hours a day, seven days a week. However, owing to technical failures, routine maintenance, or other unforeseen circumstances, availability may be limited from time to time, and we will not be responsible for the non-availability of the Site. We reserve the right to modify, suspend, discontinue, or restrict access to, all or any part of the Site at any time.
12. Disclaimer of Warranties
While we try to maintain the timeliness, integrity, and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct, current, reliable, useful, timely, secure, error-free, or virus-free, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms or the Agreement. Additionally, third parties may make unauthorized alterations to the Site.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY SERVICES OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SERVICES OR THIRD PARTY MATERIALS IS TO STOP USING THE SITE AND SEVICES; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF JL STERMER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO JL STERMER TO USE THE SITE AND ANY SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THE TERMS AND THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF JL STERMER AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION DOES NOT APPLY TO YOU. TO THE EXTENT THAT ONE OR ANY ASPECT OF OUR LIMITATIONS SET OUT ABOVE DO NOT APPLY, ALL REMAINING ASPECTS SURVIVE.
Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these Terms. This allocation is an essential element of the basis of the bargain between us and you. The limitations in this Section will apply even if any limited remedy fails of its essential purpose.
14. Representations and Warranties
You accept and agree to abide by all the Terms contained herein and you represent and warrant that you are not, and will not be, under any disability, or other restriction, which prevents your ability to enter, perform in accordance thereof, and comply with the Terms. You acknowledge that you will not, via the Site or otherwise, cause damage to the Site or impair the availability or accessibility of the Site in any way which is fraudulent, unlawful, illegal, or harmful, including, without limitation, modifying, adapting, bypassing, or hacking the Site to change, de-crypt, interrupt, destroy, or limit the functionality of our, or other users’ computer software, hardware, or telecommunications equipment, or engage in any activity that interferes with the performance of, or impairs the functionality of the Site. Without limiting the foregoing, you must not misuse the Site by introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the servers on which the Site is stored, or any server, computer, or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity and any other relevant information to them.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless JL Stermer and the Affiliated Entities, including our partners, officers, directors, agents, subsidiaries, joint ventures, employees, contractors, affiliates, successors, or assignees and Service Providers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your breach of any representations, warranties, obligations, or any other terms or conditions set forth in the Agreement; (c) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, privacy, or personal right(s); or (d) any misrepresentation made by you directly or on behalf of a minor child. We will provide you with timely notice of any such claim, suit, or proceeding, and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
16. Conditions of Use, Notices, and Revisions
If you choose to use our Services, your use and any dispute over the Services are subject to these Terms. If you have any concerns about the Terms, please contact us at: email@example.com with a thorough description, and we will try to resolve it.
We may in our sole discretion change the contents of our Terms from time to time; provided, that we will notify you of such changes by any reasonable means, including by posting a revised Terms through the Site. We will also provide notice to you in other ways in our discretion, such as through contact information you have provided. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. Your use of the Site or participation in any Services following any changes to the Terms will constitute your acceptance of such changes.
IF YOU DO NOT AGREE TO ANY OF THE CHANGES, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND OUR SERVICES.
The “Last updated” legend above indicates when the Terms have last been changed.
The version of these Terms posted on our Site on each respective date you visit the Site will be the Terms applicable to your access and use of the Services on that date. Our electronically or otherwise properly stored copies of these Terms shall be deemed to be the true, complete, valid, and authentic copies of the version of the Terms that were in force on each respective date you visited the Site. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site or Services via any third-party links); charge, modify or waive any fees required to use the Site or Services; or offer opportunities to some or all Site users.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO AGREE TO RESOLVE DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
This Arbitration Section applies only to users in the United States.
Dispute Resolution and Arbitration
You acknowledge and agree that any dispute, claim, or controversy between you and us arising in connection with or relating in any way to your relationship with us as a user of the Site or the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of this arbitration section) will be determined by mandatory binding individual (not class) arbitration.
You further acknowledge and agree that the arbitrator shall have the exclusive power to rule on the arbitrator’s own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration section or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
There may be more limited discovery than in court. The arbitrator must follow the Terms and can award the same damages and relief as a court (including attorney’s fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration Section will survive termination of the Terms.
Notwithstanding the foregoing, you understand and agree that nothing in this arbitration Section will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (a) bring an individual action in a U.S. small claims court; or (b) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this arbitration Section doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
No Class or Representative Proceedings: Class Action Waiver
YOU ACKNOWLEDGE AND AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
Unless both you and JL Stermer agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Either you or we may start arbitration proceedings. Any arbitration between you and JL Stermer will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Section. You and JL Stermer agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. We can also help put you in touch with the AAA. Any arbitration hearings will take place in the county (or parish) of your billing address; provided, that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephonic hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If you choose to file an arbitration proceeding and you are required to pay a filing fee, JL Stermer will reimburse you for that filing fee, unless your claim is for greater than $10,000, in which case you will be responsible for the filing fee. We will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Our physical address for Notice is: Next Level Lit, 151 First Avenue, New York, NY 10003; #298. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice is received, you or JL Stermer may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or JL Stermer shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of our last written settlement offer, then we will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
If this arbitration Section is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described below shall govern any claim in court arising out of or related to the Terms.
18. Choice of Law and Forum
Your access and use of the Services, all actions contemplated hereunder, and any and all disputes directly or indirectly arising out of or otherwise relating to this Agreement shall be governed by and construed in accordance with the laws of the United States of America and the State of New York as if these Terms were an agreement wholly entered into and wholly performed within the State of New York, without reference to the choice of law rules thereof. The exclusive jurisdiction for any claim or action arising from or relating to these Terms or the use of the Site (except where arbitration is specified) shall be with the state or federal courts located in the State of New York.
19. New Jersey Users
If you are a user residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify JL Stermer and the Affiliated Entities (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); (e) the limitation on your time for filing a claim against JL Stermer hereunder, to the extent that such limitation in connection with a claim is shorter than the applicable limitation under New Jersey law; and (f) the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
21. Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms (other than for delay in payments) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, acts of God, epidemic, pandemic, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility (each, a “Force Majeure Event”), but in each case, only if and to the extent that the non-performing party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
22. How to Contact Us