Terms of Service
Please familiarize yourself with the Terms of Service outlined below, as well as our Booking Rules, House Rules, Privacy Policy, and Good Neighbor Policy, which are incorporated into these Terms of Service by reference.
Welcome to the Terms of Service (these “Terms”) for the website https://www.lvlty.com/ (the “Website”) and the related mobile applications (the “App”) operated on behalf of LVLTY, Inc. (“Company,” “we,” or “us”). The Website and any content, tools, features, and functionalities offered through our Website and App are collectively referred to as the “Services.”
These Terms govern your access to and use of the Services. Please read them carefully, as they contain important information about your legal rights. By accessing and/or using the Services, you agree to these Terms. If you do not understand or agree to these Terms, please do not use the Services.
For the purposes of these Terms, “you” and “your” refer to you as the user of the Services. If you use the Services on behalf of a company or other entity, then “you” also includes that entity, and you represent and warrant that (a) you are an authorized representative with the authority to bind the entity to these Terms, and (b) you agree to these Terms on behalf of that entity.
You must be 21 years of age or older to become an LVLTY member and use the Services. Guests of LVLTY members who are 18 years of age or older may access certain features of the Services but are not eligible to become members or book experiences. Certain Services may have additional requirements, including higher age restrictions, a valid driver’s license, and car insurance. You are prohibited from using the Services if you are (a) a resident of any U.S.-embargoed country or any country designated by the U.S. Government as a “terrorist-supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Services, you represent and warrant that you meet these requirements.
Please familiarize yourself with the Terms of Service outlined below, as well as our Booking Rules, House Rules, Privacy Policy, and Good Neighbor Policy, which are incorporated into these Terms of Service by reference.
Welcome to the Terms of Service (these “Terms”) for the website https://www.lvlty.com/ (the “Website”) and the related mobile applications (the “App”) operated on behalf of LVLTY, Inc. (“Company,” “we,” or “us”). The Website and any content, tools, features, and functionalities offered through our Website and App are collectively referred to as the “Services.”
These Terms govern your access to and use of the Services. Please read them carefully, as they contain important information about your legal rights. By accessing and/or using the Services, you agree to these Terms. If you do not understand or agree to these Terms, please do not use the Services.
For the purposes of these Terms, “you” and “your” refer to you as the user of the Services. If you use the Services on behalf of a company or other entity, then “you” also includes that entity, and you represent and warrant that (a) you are an authorized representative with the authority to bind the entity to these Terms, and (b) you agree to these Terms on behalf of that entity.
You must be 21 years of age or older to become an LVLTY member and use the Services. Guests of LVLTY members who are 18 years of age or older may access certain features of the Services but are not eligible to become members or book experiences. Certain Services may have additional requirements, including higher age restrictions, a valid driver’s license, and car insurance. You are prohibited from using the Services if you are (a) a resident of any U.S.-embargoed country or any country designated by the U.S. Government as a “terrorist-supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Services, you represent and warrant that you meet these requirements.
2. User Accounts and Subscriptions
2.1. Creating and safeguarding your account.
To use the Services, you need to create an account or link another account (an “Account”). You agree to provide accurate, complete, and up-to-date information for your Account. You must immediately notify us at contact@lvlty.com if you know or suspect that your Account or password has been stolen, misused, or otherwise compromised, or in the case of any unauthorized use of your Account. You agree not to create an Account if we have previously removed your Account or banned you from our Services, unless we provide written consent otherwise.
2.2. Subscription renewals and cancellations.
If you purchase a subscription, you agree that it will automatically renew at the frequency specified on your subscription page (or, if not specified, annually) and at the then-current rates. Your payment method will be automatically charged at the start of each new subscription period for the applicable fees and taxes.
2.3. Subscription payment.
If you purchase or subscribe to any of our paid Services, you agree to pay the applicable fees and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your access to paid Services. You agree that (a) if you purchase a recurring subscription, we may store and continue billing your payment method (e.g., credit card) to avoid interruptions in the Services, and (b) we may calculate applicable taxes based on the billing information you provide at the time of purchase. We reserve the right to change our subscription plans or adjust pricing for the Services at any time and in our sole discretion. Unless stated otherwise, any price changes or modifications to your subscription plan will take effect after reasonable notice. All subscriptions must be paid according to the payment terms in effect when the subscription becomes due. Payments may be made by credit card, debit card, Apple Pay, or other methods we may provide. Subscriptions will not be processed until full payment is received, and any holds placed on your account by a payment processor are your sole responsibility.
2.4. No subscription refunds.
Unless expressly stated in these Terms, payments for subscriptions to the Services are non-refundable, and there are no credits for partially used periods. However, after a cancellation, you will retain access to paid Services through the end of the subscription period already paid for.
3. Ordering Products or Services
3.1. Payments.
The Services allow users to purchase various products or services, including those offered by third parties (“Offerings”). When making a purchase, you must ensure that all payment information, such as credit card or PayPal details, is accurate, up-to-date, and complete. By providing payment details, you confirm that you are authorized to use the chosen payment method. We retain the right, at any time and without notice, to: (a) change, limit, or discontinue the availability of any Offerings, and (b) reject any purchase or delivery request at our sole discretion. By completing a purchase, you agree to pay the total cost, including taxes and shipping fees (“Total Purchase Price”), and authorize us to charge the specified amount to your payment method. All prices are listed in U.S. Dollars unless otherwise noted. Payment options include credit cards, debit cards, Apple Pay, and other methods we may provide. Orders will only be processed after full payment is received, and any issues caused by third-party payment processors are your sole responsibility.
3.2. Discount and Promotional Codes.
From time to time, we may provide users with promotional codes, discount offers, or similar perks (“Promotional Codes”) that can be used for discounts or special features related to the Services. By using these codes, you agree to:
(a) comply with applicable laws and use them as intended;
(b) not transfer, duplicate, sell, or share the codes publicly without prior permission from the Company;
(c) understand that the Company can modify, deactivate, or revoke the codes at any time without liability;
(d) adhere to any additional terms tied to the codes;
(e) recognize that codes cannot be exchanged for cash or credits; and
(f) use them before their expiration date, if applicable.
3.3. Gift Cards.
Gift cards, whether physical or digital (“Gift Cards”), may be offered for purchasing Offerings. Please note that the Company does not guarantee protection against unauthorized use, loss, or theft of Gift Cards. If a Gift Card is reported as compromised, we reserve the right to block or suspend its usage. Malfunctioning Gift Cards will only be replaced with new codes at the discretion of the Company. You agree to use Gift Cards in accordance with all applicable laws and these Terms. Gift Cards may not be used to buy other gift cards, redeemed for cash (unless legally required), or resold. They do not expire, and no service or maintenance fees will be applied.
3.4. Price Adjustments and Availability.
The Company reserves the right to update prices, product specifications, and availability of Offerings at any time. While we aim to provide accurate product details, descriptions may occasionally contain errors. If a product does not match its description, your sole remedy is to return the product in unused condition. Listing an Offering does not guarantee future availability. We also reserve the right to correct pricing errors, adjust costs, or cancel any orders placed at incorrect prices. Changes in pricing take effect immediately once updated or communicated.
3.5. Processing Orders and Shipping.
When you place an order, we will confirm receipt, but this confirmation does not signify acceptance. We reserve the right to decline or cancel any order at any time. If an order is canceled after your payment has been processed, we will issue a full refund. Ownership and liability for purchased items transfer to you once the item is handed over to the shipping carrier. Partial shipments may occur at no additional cost to you. Delivery services are handled by third-party couriers, and tracking may be available through their systems, but we cannot guarantee its accuracy. Specific delivery dates or times are not guaranteed.
3.6. Refunds and Exchanges.
All purchases made through the Services are final and cannot be returned, refunded, or exchanged, unless otherwise stated by law.
3.7. Prohibited Deliveries to Minors.
Users must not provide the Company with personal details of individuals under the age of 13 for any delivery or shipping purpose.
4. Location of Our Privacy Policy
4.1. Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy.
4.2. House Rules. Our House Rules, incorporated herein by reference, describe the rules you are required to abide by during your experience trip at an LVLTY property.
5. Permissions and User Obligation
5.1. Limited License for Personal Use
LVLTY grants you a restricted, personal, and revocable license to access and utilize our Services exclusively for non-commercial purposes. This permission allows you to interact with the content and features provided as long as you comply fully with these Terms. Be aware that service interruptions may occur periodically for reasons such as maintenance, updates, or technical issues.
5.2. Prohibited Activities
When using LVLTY Services, you agree not to engage in actions that violate these Terms or applicable laws. The following restrictions apply:
- (a) Do not duplicate, modify, or redistribute any content from the Services without authorization.
- (b) Avoid reverse engineering, decompiling, or tampering with the Services’ software or systems.
- (c) Refrain from using LVLTY’s trademarks, logos, or intellectual property without explicit permission.
- (d) Do not employ bots, scripts, or unauthorized tools to manipulate the platform.
- (e) Avoid using the Services for commercial purposes, including advertisements or promotions not sanctioned by LVLTY.
- (f) Prevent interference with or disruption of the Services, including attempts to overload or harm our systems.
- (g) Do not attempt to access accounts, data, or systems to which you are not authorized.
- (h) Avoid bypassing or altering security measures or restrictions built into the Services.
- (i) Do not use automated tools to scrape, collect, or extract information from the platform.
- (j) Ensure that you do not introduce viruses, malware, or other harmful technologies into our systems.
- (k) Avoid submitting or sharing inappropriate or harmful content, including but not limited to defamatory, obscene, or illegal material.
- (l) Refrain from using or providing alcohol or drugs in ways that violate applicable laws.
- (m) Do not engage in activities that contravene LVLTY’s House Rules or other outlined policies.
- (n) Use the Services solely within the bounds of the permissions granted in these Terms.
5.3. Mobile Application Usage
Using the LVLTY app requires compatible devices, internet access, and data plans, which are your sole responsibility. Compatibility with all devices, operating systems, or geographic regions is not guaranteed.
You may receive notifications or updates via the app, such as push notifications, alerts, or emails (“Push Messages”), which help you stay informed about deliveries or service updates. While you can adjust your notification preferences, essential service announcements may still be sent. Any fees associated with data usage or messaging are your responsibility, and LVLTY is not liable for those costs.
5.4. Mobile Software from the Apple App Store
The following terms and conditions apply to you only if you are using the LVLTY App from the Apple App Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this section, the more restrictive or conflicting terms in this section shall apply, but solely with respect to your use of the App from the Apple App Store.
By using the App, you acknowledge that these Terms are solely between you and LVLTY, not Apple. Apple has no responsibility for the App or its content. Your use of the App must comply with the App Store’s terms and conditions.
Apple has no obligation to provide maintenance or support for the App. In the event the App fails to meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. Except as stated above, Apple will have no other warranty obligation. Any other claims, losses, liabilities, or damages related to a failure to comply with any warranty will be solely governed by these Terms.
Apple is not responsible for any claims related to product liability, non-compliance with legal or regulatory requirements, or consumer protection laws. Additionally, if a third-party claims that the App or your use of the App infringes on their intellectual property rights, LVLTY, not Apple, will be solely responsible for investigating, defending, or settling such intellectual property claims.
By using the App, you agree to comply with applicable third-party terms of service. You and LVLTY acknowledge that Apple, and its subsidiaries, are third-party beneficiaries of these Terms with respect to your use of the App. By accepting these Terms, you acknowledge that Apple has the right (and will be deemed to have accepted the right) to enforce these Terms as a third-party beneficiary.
6. Ownership and Content
6.1. Ownership of the Services
The LVLTY Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information, and other materials, are protected under copyright, trademark, and other intellectual property laws. You agree that LVLTY and/or its licensors own all right, title, and interest in and to the Services (including any and all intellectual property rights) and agree not to take any actions that would be inconsistent with such ownership. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works.
6.2. Ownership of Trademarks
The LVLTY name, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of LVLTY or its affiliates or licensors. Other names, logos, product and service names, designs, and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
6.3. Ownership of Feedback
We welcome any feedback, comments, or suggestions for improvements to the Services (“Feedback”). By providing Feedback, you acknowledge and expressly agree that such contributions do not grant you any right, title, or interest in the Services or Feedback. All Feedback becomes the sole and exclusive property of LVLTY, and LVLTY may use and disclose Feedback in any manner and for any purpose without further notice or compensation to you.
By submitting Feedback, you assign to LVLTY any and all rights, titles, and interests (including, but not limited to, patents, copyrights, trade secrets, trademarks, know-how, and any other intellectual property rights) that you may have in and to such Feedback.
6.4. Your Content License Grant
When using the Services, you may post, upload, or submit content to be made available through the Services (“Your Content”). In order to operate the Service, we need certain license rights to Your Content, so our actions in providing the Service are not considered legal violations. Therefore, by using the Service and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, such as ensuring content is viewable on smartphones as well as computers) Your Content, but solely as required to operate and provide the Services. This license is royalty-free, transferable, sublicensable, worldwide, and irrevocable (as long as Your Content is stored with us), and includes the right for us to make Your Content available to, and pass these rights along to, third parties with whom we have contractual relationships related to the provision of the Services.
You agree that other users of the Services shall have the right to comment on and/or tag Your Content and/or use, publish, display, modify, or include Your Content as part of their own use of the Services, except for any of Your Content you post privately for non-public display. LVLTY reserves the right, at its sole discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice.
By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all necessary rights, licenses, consents, permissions, power, and/or authority to grant the rights described above for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights unless you have the necessary permission or are otherwise legally entitled to post such material and grant us the license described above.
6.5. Notice of Infringement – DMCA (Copyright) Policy
If you believe that any text, graphics, photos, audio, videos, or other materials uploaded, downloaded, or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent under 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”) by providing the following information in writing:
- (a) Identification of the copyrighted work that is claimed to be infringed.
- (b) Identification of the allegedly infringing material and its location on the Service.
- (c) Information for our copyright agent to contact you, such as address, phone number, and email address.
- (d) A statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owner, its agent, or the law.
- (e) A statement that the information provided is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
- (f) The physical or electronic signature of a person authorized to act on behalf of the copyright owner.
Copyright infringement notices should be sent to: contact@lvlty.com. It is LVLTY’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe the copyrights or intellectual property rights of others.
7. Third Party Services and Materials
7.1. Use of Third Party Materials in the Services. Certain Services may display, include, or make available content, data, information, applications, or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials, or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
8. Disclaimers, Limitations of Liability, and Indemnification
8.1. Disclaimers
- (a) Your access to and use of the Services and Properties are at your own risk. Some Properties have pools, hot tubs, golf carts, e-bikes, and watercraft, and some are located on oceans, ocean cliffs, mountainsides, bays, lakes, and rivers. Each and all of these activities, locations, and instrumentalities have inherent risks associated with them. You acknowledge these risks and the need to exercise appropriate care when using the Services and Properties. You understand and agree that the Services and Properties are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (the “Company Entities”) disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
- (b) The company entities take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our services.
- (c) You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which the company entities will be responsible for.
8.2. Limitations of Liability
To the extent not prohibited by law, you agree that in no event will the company entities be liable (a) for damages of any kind, including indirect, special, exemplary, incidental, consequential, or punitive damages (including, but not limited to, procurement of substitute goods or services, loss of use, data or profits, business interruption, or any other damages or losses, arising out of or related to your use or inability to use the services), however caused and under any theory of liability, whether under these terms or otherwise arising in any way in connection with the services or these terms and whether in contract, strict liability, or tort (including negligence or otherwise) even if the company entities have been advised of the possibility of such damage, or (b) for any other claim, demand, or damages whatsoever resulting from or arising out of or in connection with these terms or the delivery, use, or performance of the services. Some jurisdictions (such as the state of new jersey) do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you. The company entities’ total liability to you for any damages finally awarded shall not exceed the amount of one hundred dollars ($100.00), or the amount you paid the company entities, if any, in the past six (6) months for the services (or offerings purchased on the services) giving rise to the claim. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
8.3. Indemnification
By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify, and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with:
(a) your violation or breach of any term of these Terms or any applicable law or regulation;
(b) your violation of any rights of any third party;
(c) your misuse of the Services;
(d) Your Content; or
(e) your negligence or willful misconduct.
If you are obligated to indemnify any Company Entity hereunder, then you agree that Company (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company in the defense or settlement of such claim.
9. Arbitration and Class Action Waiver
9.1. Informal Process First
You agree that in the event of any dispute between you and the Company Entities, you will first contact the Company and make a good faith, sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action. This Arbitration Agreement is governed by federal law.
9.2. Arbitration Agreement
After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Company’s services and/or products, including the Services, will be resolved by arbitration, including threshold questions of arbitrability of the Claim, except as permitted herein. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards (together, the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. You have a right to have the arbitration conducted via telephone, videoconference, or as an in-person hearing in your hometown area (if you live in the United States) or another location that is reasonably convenient to you.
9.3. Waiver of Class Actions and Class Arbitrations
You and Company agree that each party may bring Claims against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions or class arbitrations. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and Company agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties.
9.4. Costs of Arbitration
Payment for any and all reasonable JAMS filing, administrative, and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, the Company will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
9.5. Opt-Out
You have the right to opt-out and not be bound by the arbitration and waiver of class provisions set forth in these Terms by sending written notice of your decision to opt-out to contact@lvlty.com or to the U.S. mailing address listed in the “How to Contact Us” section of these Terms. The notice must be sent to the Company within thirty (30) days of your registering to use the Services or agreeing to these Terms (or if this Section 9 is amended hereafter, within 30 days of such amendment being effective); otherwise, you shall be bound to arbitrate disputes in accordance with these Terms, and the notice must specify your name and mailing address. If you opt-out of these arbitration provisions, the Company also will not be bound by them.
9.6. Exceptions
Notwithstanding anything in these Terms to the contrary, you may instead assert your Claim in “small claims” court, but only if your Claim qualifies, your Claim remains only in such court, and your Claim remains on an individual, non-representative and non-class basis. Further, you and the Company will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, or if the Claim relates to intellectual property infringement or misappropriation.
