LEVELFIELD USER AGREEMENT AND TERMS OF SERVICE
Amendment of these Terms: We may amend or modify this Agreement at any time by posting the revised agreement on the LevelField Site and/or providing a copy to you (a “Revised Agreement”). The Revised Agreement shall be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of a Revised Agreement constitutes your acceptance of such Revised Agreement. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account.
Dispute Resolution: PLEASE BE AWARE THAT SECTION 7 (CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION) AND APPENDIX 5 OF THIS AGREEMENT, CONTAIN PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND LEVELFIELD. AMONG OTHER THINGS, APPENDIX 5 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. APPENDIX 5 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 7 AND APPENDIX 5 CAREFULLY.
No Investment Advice or Brokerage: For the avoidance of doubt, the LevelField entities covered by this Agreement do not provide investment, tax, or legal advice, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. LevelField may provide educational information about Digital Assets in order to assist users in learning more about such digital asset. Information may include, but is not limited to, blog posts, articles, links to third-party content, news feeds, tutorials, and videos. The information provided on the LevelField Site or any such third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the website's content as such. LevelField does not recommend that any Digital Asset should be bought, sold, or held by you. LevelField will not be held responsible for the decisions you make to buy, sell, or hold Digital Assets based on the information provided by LevelField.
Acknowledgement of Risk: As with any asset, the value of Digital Assets can increase or decrease and there can be a substantial risk that you lose money buying, selling, holding, or investing in Digital Assets. You should consult your financial advisor, legal or tax professional regarding your specific situation and financial condition and carefully consider whether trading or holding Digital Assets is suitable for you.
The LevelField entities covered by the Agreement are not registered with the U.S. Securities and Exchange Commission and do not offer securities services in the United States or to U.S. persons. You acknowledge that Digital Assets are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.
To be eligible to use any of the LevelField Services you must be at least 18 years old and reside in a jurisdiction supported by LevelField. Your eligibility will be assessed during the onboarding process, and may be subject to change from time to time. There are certain features which may or may not be available to you depending on your location and other criteria.
You must register for a LevelField account, complete certain verification procedures, and be approved by LevelField in order to use the LevelField Services (a "LevelField Account"). By registering or using a LevelField Account you agree and represent that you have created your LevelField Account and you will use your LevelField Account only for yourself, and not on behalf of any third party, unless you have obtained prior written approval from LevelField. You are fully responsible for all activity that occurs under your LevelField Account. We may, in our sole discretion, refuse to open a LevelField Account, suspend or terminate any LevelField Account, suspend or terminate the sending of Digital Assets from your account, or suspend or terminate the trading of Digital Assets in your account. Please see Section 6 below for more information.
The LevelField Services can be accessed directly using the LevelField Site. Access to LevelField Services may become degraded or unavailable during times of significant market activity or for administrative needs. This could result in significant support response time delays. Although we strive to provide you with excellent service, we do not represent that the LevelField Site or other LevelField Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open. LevelField shall not be liable for any losses resulting from or arising out of delays in processing transactions, inability to execute transactions, or lack of timely response from LevelField customer support. For example, if you are locked out of your LevelField Account, it is possible that the price of the Digital Assets in your account might go down before your access is restored. LevelField shall not be liable for any alleged losses that you suffer from a drop in Digital Asset prices.
Your Digital Asset Account allows you to store, track, transfer, and manage your balances of Digital Assets. As used throughout, "Digital Asset" means only those particular digital assets listed as available to trade or custody in your LevelField Account (also referred to as “Supported Digital Asset”). Services and supported assets may vary by jurisdiction. We securely store Digital Asset private keys, which are used to process transactions, in a combination of online and offline storage. Custody of Supported Digital Assets is primarily provided by LevelField Safe, LLC, and may involve other LevelField affiliates or external providers. As a result of our security protocols, it may be necessary for us to retrieve private keys or related information from offline storage in order to facilitate Digital Asset Transfers in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such Digital Asset Transfers.
Your LevelField Account is intended solely for proper use of Supported Digital Assets as designated on the LevelField Site. Under no circumstances should you attempt to use your Digital Asset Account to store, send, request, or receive any assets other than Supported Digital Assets. LevelField assumes no responsibility in connection with any attempt to use your Digital Asset Account with digital assets that we do not support. You acknowledge and agree that LevelField is not liable for any unsupported digital asset that is sent to a Digital Asset Account associated with your LevelField Account. LevelField may in its sole discretion terminate support for any particular Digital Asset. If you do not sell or send such Digital Asset off platform before LevelField terminates its support for such Digital Asset, then LevelField may, in its discretion, remove such Digital Asset from your LevelField Account and credit your LevelField Account the equivalent market value of a supported Digital Asset or fiat currency minus transaction costs. If you have any questions about our current list of Supported Digital Assets, please email us at LFCustomerSupport@LevelField.us.
Unless otherwise specifically announced on the LevelField Site, Supported Digital Assets excludes all other protocols and/or functionality which supplement or interact with the Supported Digital Asset. This exclusion includes but is not limited to: metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins or other functionality, such as staking, protocol governance, and/or any smart contract functionality, which may supplement or interact with a Supported Digital Asset. Do not use your LevelField Account to attempt to receive, request, send, store, or engage in any other type of transaction or functionality involving any such protocol as the LevelField Site is not configured to detect, secure, or process these transactions and functionality. Any attempted transactions in such items will result in loss of the item. You acknowledge and agree that supplemental protocols are excluded from Supported Digital Assets and that LevelField has no liability for any losses related to supplemental protocols.
LevelField does not own or control the underlying software protocols which govern the operation of Supported Digital Assets. Generally, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols and do not guarantee the functionality or security of network operations. In particular, the underlying protocols may be subject to sudden changes in operating rules (including “forks”). Any such operating changes may materially affect the availability, value, functionality, and/or the name of the Digital Asset you store in your Digital Asset Account. LevelField does not control the timing and features of these operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by LevelField in determining whether to continue to use a LevelField Account for the affected Digital Asset. In the event of any such operational change, LevelField reserves the right to take such steps as may be necessary to protect the security and safety of assets held on the LevelField Site, including without limitation, temporarily suspending operations for the involved digital asset(s); LevelField will endeavor to provide you notice of its response to any material operating change; however, such changes are outside of LevelField’s control and may occur without notice to LevelField. LevelField’s response to any operating change is subject to its sole discretion and may include deciding not to support any new digital asset, fork, or other actions. You acknowledge and accept the risks of operating changes to Digital Asset protocols and agree that LevelField is not responsible for such operating changes and not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and accept that LevelField has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported currencies or protocols. You further acknowledge and accept that LevelField has no responsibility to support new digital asset forks or operating changes for Supported Digital Assets.
All Digital Assets held in your Digital Asset Account are custodial assets held by LevelField for your benefit, as described in further detail below.
2.5.1. Ownership. Title to Digital Assets in your Digital Asset Account shall at all times remain with you and shall not transfer to LevelField. As the owner of Digital Assets in your Digital Asset Account, you shall bear all risk of loss of such Digital Assets. LevelField shall have no liability for Digital Asset fluctuations or loss. None of the Digital Assets in your Digital Asset Account are the property of, or shall or may be loaned to, LevelField; LevelField does not represent or treat assets in User’s Digital Asset Accounts as belonging to LevelField. LevelField may not grant a security interest in the Digital Assets held in your Digital Asset Account. Except as required by law, or except as provided herein, LevelField will not sell, transfer, loan, hypothecate, or otherwise alienate Digital Assets in your Digital Asset Account unless instructed by you. Pooled customer funds are held apart from LevelField’s corporate funds and LevelField will neither use these funds for its operating expenses or any other corporate purposes.
2.5.2. Control. You control the Digital Assets held in your Digital Asset Account. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Digital Assets by sending it to a different blockchain address. As long as you continue to custody your Digital Assets with LevelField, LevelField shall retain control over electronic private keys associated with blockchain addresses operated by LevelField, including the blockchain addresses that hold your Digital Assets.
2.5.3. Digital Assets Not Segregated. In order to more securely custody assets, LevelField may use shared blockchain addresses, controlled by LevelField, to hold Digital Assets held on behalf of customers and/or held on behalf of LevelField. Although we maintain separate ledgers for User accounts and LevelField accounts held by LevelField for its own benefit, LevelField shall have no obligation to segregate by blockchain address Digital Assets owned by you from Digital Assets owned by other customers or by LevelField.
Your USD Account allows you to hold and transfer USD with your LevelField Account as described in Section 3 below. To the extent your USD is held as cash, the balance of your USD Account is maintained in pooled custodial accounts at one or more banks insured by the FDIC. Our custodial accounts have been established in a manner to make available pass-through FDIC insurance available up to the per-depositor coverage limit then in place (currently $250,000 per individual). Availability of pass-through FDIC insurance is contingent upon LevelField having correct information about you as a customer, maintaining accurate records, and on determination by the FDIC as receiver, at the time of a receivership of a bank holding a custodial account. LevelField is not an FDIC-insured bank. LevelField may also invest funds in liquid investments, which may include but are not limited to U.S. treasuries, in accordance with state money transmitter laws. LevelField owns the interest or other earnings on these investments. LevelField will not use customer funds for its operating expenses or any other corporate purposes.
You can transfer funds into your USD Account from a valid bank account via ACH transfer or wire transfer. Your USD balance is in a pending state and will not be credited to your USD Account until after the bank transfer has cleared, usually within five (5) business days. We may debit your linked bank account as soon as you initiate payment. The name on your linked bank account and your wire transfer must match the name verified on your LevelField Account. We may, at our sole discretion, block withdrawals that will result in a zero balance.
When you buy or sell Digital Assets on the LevelField Professional Trading Site, you are not buying Digital Assets from LevelField or selling Digital Assets to LevelField. LevelField acts as the agent, transacting on your behalf, to facilitate that purchase or sale between you and other LevelField customers, which may include LevelField affiliate companies. When you buy or sell Digital Assets on the LevelField Easy Trade platform you are buying Digital Assets from LevelField or selling Digital Asset to LevelField, LevelField is a principal to the transaction, acting on its own behalf, as well as a $1.00 commission. You can purchase Digital Assets using: (i) funds in your USD Account; (ii) Digital Assets held in certain Digital Asset Accounts, as permitted by LevelField; (iii) a valid bank account in the name that matches the name on your LevelField Account; or (iv) a debit card that matches the name on your LevelField Account; (each a "Valid Payment Method"). Your purchase must follow the relevant instructions on the LevelField Site. LevelField reserves the right to cancel any transaction not confirmed by you within five (5) seconds after LevelField quotes a transaction price. A purchase of Digital Assets using a Valid Payment Method generally will initiate on the business day we receive your instructions. Purchased Digital Assets will usually be deposited in your Digital Asset Account instantly and can be exchanged for other Digital Assets (in pairs allowed by LevelField). You will be able to sell or send Purchased Digital Assets as soon as all funds have settled to LevelField, which in the case of a bank account or debit card usually takes up to five (5) business days. You can sell Digital Assets and instruct LevelField to deposit funds into your LevelField USD Account or, where supported, a Digital Asset Account. Digital Asset purchases and sales are collectively referred to herein as “Digital Asset Transactions”. If LevelField cannot complete your Digital Asset Transaction for any reason (such as price movement, market latency, inability to find a counterparty for your transaction, or order size), LevelField will reject the order and notify you of such rejection. You will not be charged for a rejected transaction.
In general, LevelField makes money when you purchase or sell Digital Assets on the LevelField Site. A description of the way fees are calculated can be found on our Pricing and Fees Disclosures Page. By using LevelField Services you agree to pay all fees and, when using Easy Trade, a spread. The spread LevelField charges is determined by a combination of the size of the order, volatility, liquidity, and other market conditions. LevelField reserves the right to adjust its pricing and fees and any applicable waivers at any time. We notify you of the final price of each transaction, inclusive of pricing and fees, when you authorize the transaction and in each receipt we issue to you. We may charge network fees (miner fees) to process a Digital Asset Transaction on your behalf. We will calculate the network fee at our discretion, and notify you of the network fee at or before the time you authorize the Digital Asset Transaction. Bank fees charged to LevelField are netted out of transfers to or from LevelField. You are responsible for paying any additional fees charged by your financial service provider. We will not process a transfer if associated bank fees exceed the value of the transfer. You may be required to deposit additional USD to cover bank fees if you desire to complete such a transfer.
When a Digital Asset or USD transaction occurs using your credentials, we will assume that you authorized such transaction, unless you notify us otherwise. If you believe you did not authorize a particular transaction or that a transaction was incorrectly carried out, you must contact us as soon as possible via email at LFCustomerSupport@LevelField.us or by phone at (346) 443-2311 (international call charges may apply). It is important that you regularly check your USD Account and Digital Asset Account balances and your transaction history to ensure you notify us as soon as possible of any unauthorized or incorrect transactions. Reporting an unauthorized transaction does not guarantee LevelField will be able to reverse the transaction or reimburse you for the transaction.
You will be able to see your USD Account and Digital Asset Account balances using the LevelField Site. You can also see your transaction history using the LevelField Site, including (i) the amount (and currency) of each Digital Asset Transaction; (ii) a reference to the identity of the payer and/or payee (as appropriate); (iii) any fees charged (excluding any spread, or leverage, over the prevailing market rate on LevelField’s trading platform); (iv) if applicable, the rate of exchange, and the amount (in the new currency) after exchange (where you are the payer) or the amount (in the original currency) before the exchange (where you are the payee); and (v) the date of each Digital Asset Transaction.
You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful, if your payment method has insufficient funds, or if you reverse a payment made from funds in your bank account, you authorize LevelField, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including your USD Account or Digital Asset Account balances or other linked accounts, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, non-sufficient funds (NSF), or similar fees charged by your payment provider. We reserve the right to refuse to process, or to cancel, correct, clawback, or reverse, any Digital Asset Transaction or Transfers in our sole discretion, even after funds have been debited from your account(s), in response to a subpoena, court order, or other government order; or if we suspect the transaction may involve money laundering, terrorist financing, fraud, or any other type of financial crime; or be erroneous. In such instances, LevelField will reverse the transaction and we are under no obligation to reinstate a purchase or sale order at the same price or on the same terms as the canceled transaction.
LevelField may use a third-party payment processor to process any US Dollar payment between you and LevelField, including but not limited to payments in relation to your use of the Digital Asset Transactions or deposits or withdrawals from your USD Account or LevelField Account.
Your Digital Asset Account enables you to send Supported Digital Assets to, and request, receive, and store Supported Digital Assets from, third parties by giving instructions through the LevelField Site. Your transfer of Supported Digital Assets between your other digital asset accounts (including wallets off the LevelField Site) and to and from third parties is a “Digital Asset Transfer”. We recommend customers send a small amount of Supported Digital Assets as a test before sending a significant amount of Supported Digital Assets.
Once a Digital Asset Transfer is submitted to a Digital Asset network, the transaction will be unconfirmed and remain in a pending state for a period of time sufficient to allow confirmation of the transaction by the Digital Asset network. A Digital Asset Transfer is not complete while it is in a pending state. Pending Digital Asset Transfers that are initiated from a LevelField Account will reflect a pending transaction status and are not available to you for use on the LevelField Site or otherwise while the transaction is pending.
When you or a third party sends Digital Assets to a LevelField Digital Asset Account from an external wallet not hosted on LevelField (“Inbound Transfers”), the person initiating the transaction is solely responsible for executing the transaction properly, which includes ensuring that the Digital Asset being sent is a Supported Digital Asset that conforms to the particular account address to which funds are directed, including any required Destination Tag/Memo. By initiating an Inbound Transfer, you attest that you are transacting in a Supported Digital Asset that conforms to the particular account address to which funds are directed. For example:
LevelField incurs no obligation whatsoever with regard to unsupported digital assets sent to a LevelField Account or with regard to Supported Digital Asset sent to an incompatible Digital Asset account address. All such erroneously transmitted Digital Assets will be lost. LevelField may from time to time determine types of Digital Assets that will be supported or cease to be supported. You acknowledge and agree that you may be required to pay network or miner’s fees in order for an Inbound Transfer transaction to be successful. Insufficient network fees may cause an Inbound Transfer to remain in a pending state outside of LevelField’s control, and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such transactions.
When you send Digital Assets from your LevelField Account to an external wallet (“Outbound Transfers”), such transfers are executed at your instruction by LevelField. You should verify all transaction information prior to submitting instructions to us. LevelField shall bear no liability or responsibility in the event you enter an incorrect blockchain destination address, incorrect Destination Tag/Memo, or if you send your Digital Assets to an incompatible wallet. We do not guarantee the identity or value received by a recipient of an Outbound Transfer. Digital Asset Transfers cannot be reversed once they have been broadcast to the relevant Digital Asset network, although they may be in a pending state, and designated accordingly, while the transaction is processed by network operators. LevelField does not control the Digital Asset network and makes no guarantees that a Digital Asset Transfer will be confirmed by the network. We may cancel or refuse to process any pending Outbound Digital Asset Transfers as required by law or any court or other authority to which LevelField is subject in any jurisdiction. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further LevelField Services and/or before permitting you to engage in transactions beyond certain volume limits.
In the event that there are outstanding amounts owed to us hereunder, including in your LevelField Account, LevelField reserves the right to debit your LevelField Account accordingly and/or to withhold amounts from funds you may transfer between your LevelField Accounts.
If you suspect that your LevelField Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or LevelField (collectively a "Security Breach"), you must notify LevelField Support immediately via email to LFCustomerSupport@LevelField.us or (346) 443-2311 and provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce or manage any Security Breach. Prompt reporting of a Security Breach does not guarantee that LevelField will reimburse you for any losses suffered or be liable to you for any losses suffered as a result of the Security Breach.
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from LevelField. Exercise caution when clicking any links. Always log into your LevelField Account(s) through the LevelField Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
All content included in or made available through the LevelField Services, LevelField Site or any related content, materials and information such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (collectively, the “Content”) is the property of LevelField or its affiliates or its content providers and protected by United States and international copyright laws. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the LevelField Services, LevelField Site, and Content solely for purposes approved by LevelField from time to time. Any other use of the LevelField Services, LevelField Site or Content is expressly prohibited and all other right, title, and interest in the LevelField Services, LevelField Site or Content is exclusively the property of LevelField and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part without the prior written consent of LevelField.
"LevelField.us", and the following non-exhaustive list, including LEVELFIELD, LEVELFIELD Logo, EX Logo, LEVELFIELD EASY TRADE, LEVELFIELD PRO TRADING, LEVELFIELD SWIPE and LEVELFIELD UNLOCK; and without limitation, any graphics, logos, button icons, and service names included in or made available through any Content, and all logos related to the LevelField Services or displayed on the LevelField Site are either trademarks or trade dress of LevelField or its licensors in the United States and other countries. You may not copy, imitate or use them without LevelField's prior written consent for any purpose, including without limitation, in connection with any product or service that is not authorized by LevelField; any manner that is likely to cause confusion among customers; or a way that disparages or discredits LevelField.
Although we intend to provide accurate and timely information on the LevelField Site, the LevelField Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the LevelField Site are your sole responsibility and we shall have no liability for such decisions. Information provided by third parties, including historical price and supply data for Digital Assets, is for informational purposes only and LevelField makes no representations or warranties to its accuracy. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the LevelField Site.
If, to the extent permitted by LevelField from time to time, you grant express permission to a third party to access or connect to your LevelField Account(s), either through the third party's product or service or through the LevelField Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your LevelField Account(s). Further, you acknowledge and agree that you will not hold LevelField responsible for, and will indemnify LevelField from, any liability arising out of or related to any act or omission of any third party with access to your LevelField Account(s). You may change or remove permissions granted by you to third parties with respect to your LevelField Account(s) at any time through the tabs on the Account Settings page on the LevelField Site.
If LevelField is holding funds (whether fiat currency or Digital Assets) in your account and has no record of you accessing the Services for several years and is unable to contact you, applicable law may require LevelField to deliver any such funds to the applicable state or jurisdiction as unclaimed property.
You should never allow remote access or share your computer and/or computer screen with someone else when you are logged on to your LevelField Account. LevelField will never under any circumstances ask you for your passwords or 2-factor authentication codes. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of LevelField. We further assume no responsibility for your failure to follow or act on any notices or alerts that we may send to you. You are responsible for creating a strong password and maintaining security and control of any and all electronic devices, IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the LevelField Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your LevelField Account(s) by third-parties and the loss or theft of any Digital Assets and/or funds held in your LevelField Account(s) and any associated accounts, including your linked bank account(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. In the event you believe your LevelField Account(s) information has been compromised, contact LevelField Support immediately at https://help.LevelField.us or (346) 443-2311.
The tax treatment of Digital Asset transactions is uncertain, and it is your responsibility to determine what taxes, if any, arise from transactions using LevelField Services under this Agreement. Users are solely responsible for reporting and paying any applicable taxes arising from transactions using LevelField Services, and acknowledge that LevelField does not provide investment, legal, or tax advice governing these transactions. You understand that LevelField shall report information with respect to your transactions, payments, transfers, or distributions made by or to you with respect to your activities using LevelField Services to a tax or governmental authority to the extent such reporting is required by applicable law. LevelField also shall withhold taxes applicable to your transactions or to payments or distributions made or deemed made to you to the extent such withholding is required by applicable law. From time to time, LevelField shall ask you for tax documentation or certification of your taxpayer status as required by applicable law, and any failure by you to comply with this request in the time frame identified may result in withholding and/or remission of taxes to a tax authority as required by applicable law. You should conduct your own due diligence and consult your own tax advisors before making any decisions with respect to Digital Asset transactions.
For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will freeze your LevelField Account and during this time, no transactions may be completed until: (i) your designated fiduciary has opened a new LevelField Account, as further described below, and the entirety of your LevelField Account has been transferred to such new account; or (ii) we have received proof in a form satisfactory to us that you have not died. If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorize us to make inquiries, whether directly or through third parties, that we consider necessary to ascertain whether you have died. Upon receipt by us of proof satisfactory to us that you have died, your designated fiduciary will be required to open a new LevelField Account in order to gain access to the contents of your LevelField Account. If you have not designated a fiduciary, then we reserve the right to (i) treat as your fiduciary any person entitled to inherit your LevelField Account, as determined by us upon receipt and review of the documentation we, in our sole discretion, deem necessary or appropriate, including (but not limited to) a will, a living trust or a small estate affidavit; or (ii) require an order designating a fiduciary from a court having competent jurisdiction over your estate. In the event we determine, in our sole discretion, that there is uncertainty regarding the validity of the fiduciary designation, we reserve the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your LevelField Account.
LevelField may suspend, restrict, or terminate your access to any or all of the LevelField Services, and/or deactivate or cancel your LevelField Account(s), with immediate effect for any reason at its sole discretion and is under no obligation to disclose the details of its decision to take such action with you. You acknowledge that LevelField's decision to take certain actions, including limiting access to, suspending, or closing your account for any reason in our sole discretion, may be based on confidential criteria that are essential to LevelField's risk management and security protocols. You agree that LevelField is under no obligation to disclose the details of its risk management and security procedures to you.
You will be permitted to transfer Digital Assets or funds associated with your hosted Digital Asset Account(s) and/or your USD Account(s) for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under applicable law, including but not limited to applicable sanctions programs; or (ii) by a facially valid subpoena or court order. You may cancel your LevelField Account(s) at any time by contacting us via email at LFCustomerSupport@LevelField.us. You will not be charged for canceling your LevelField Account(s), although you will be required to pay any outstanding amounts owed to LevelField. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
LevelField may discontinue or change any product, service, or feature, in its sole discretion, at any time. You agree that we may transfer you to a product or service that is reasonably similar to the discontinued or changed product or service, to the extent such product or service exists. We will provide you with prior notice of material changes, discontinuation, or the transfer related to a product, service, or feature, to the extent required or applicable.
If you have feedback, or general questions, contact our Customer Support desk via email at LFCustomerSupport@LevelField.us. LevelField requires that all legal documents (including civil subpoenas, complaints, and small claims) be served on our registered agent for service of process. Current contact information for our registered agent in each state can be found here.
Please note that our registered agent will accept service only if the entity identified as the recipient of the document identically matches the name of the entity registered with the Secretary of State and for which our registered agent is authorized to accept service (LevelField, Inc.). By accepting service of a legal document, LevelField does not waive any objections we may have and may raise in response to such document.
If you have a complaint with LevelField, you agree to first contact LevelField through our support team to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through LevelField Support, you agree to use the Formal Complaint Process set forth below before filing any arbitration claim or small claims action as described further in Appendix 5 below. You must complete the Formal Complaint Process before filing any arbitration or small claims action. If you do not complete it, then you agree that your claim or action must be dismissed from arbitration or small claims court.
7.2.1. Procedural Steps. In the event that the dispute is not resolved through your contact with LevelField Support, you agree to use our complaint form to describe your dispute, how you would like us to resolve the complaint, and any other relevant information. The complaint form can be found here or can be requested from LevelField Customer Support. If you prefer to send a written complaint via mail, please include as much information as possible in describing your complaint and how you would like us to resolve the complaint, including your support case number and any other relevant information to LevelField Financial Inc., 1300 W. 19th Street, Suite 7948, Houston, TX 77008. We will acknowledge receipt of your complaint form after you submit it. A LevelField customer relations agent will review and evaluate your complaint based on the information you have provided and information in the possession of LevelField. The Formal Complaint Process is completed when LevelField responds to your complaint or forty-five (45) business days after the date we receive your complaint, whichever occurs first.
You agree to be bound by the Arbitration Agreement in Appendix 5 to this Agreement.
If you have a dispute with one or more users of the LevelField Services, you release LevelField, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold LevelField, its affiliates and service providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
IN NO EVENT SHALL LEVELFIELD, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (I) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL ASSETS ON DEPOSIT IN YOUR LEVELFIELD ACCOUNT(S) AT THE TIME OF THE EVENT OR CIRCUMSTANCE GIVING RISE TO YOUR CLAIM OR (II) FOR ANY LOST PROFITS, LOSS OF GOODWILL OR REPUTATION, LOSS OF DATA, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE LEVELFIELD SITE OR THE LEVELFIELD SERVICES, OR THIS AGREEMENT, EVEN IF LEVELFIELD HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF LEVELFIELD’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT LEVELFIELD FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE LESSER OF THE VALUE OF THE SUPPORTED DIGITAL ASSETS AT ISSUE IN THE TRANSACTION OR THE TOTAL VALUE OF THE SUPPORTED DIGITAL ASSETS ON DEPOSIT IN YOUR LEVELFIELD ACCOUNT(S), AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE LEVELFIELD SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEVELFIELD SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. LEVELFIELD DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE LEVELFIELD SITE, ANY PART OF THE LEVELFIELD SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. LEVELFIELD DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE LEVELFIELD SERVICES AND LEVELFIELD SITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT LEVELFIELD WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (I) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSET PRICE DATA, OR ANY ERROR, DELAY OR INTERRUPTION IN THE TRANSMISSION OF SUCH DATA; (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR WEBSITES, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR ANY OF THE LEVELFIELD SERVICES OR ANY WEBSITE OR SERVICE LINKED TO OUR WEBSITE; (III) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR WEBSITES, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR ANY OF THE LEVELFIELD SERVICES; OR (IV) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR LEVELFIELD ACCOUNT.
LevelField will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and check issuances are processed in a timely manner, but LevelField makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
IF YOU ARE A NEW JERSEY RESIDENT, the provisions of this Section 8.2 are intended to apply only to the extent permitted under New Jersey law.
The foregoing limitations of damages, liability and no warranty provisions set forth above in this Section 8.2 are fundamental elements of the basis of the contract between LevelField and you.
We reserve the right to assign our rights without restriction, including without limitation to any LevelField affiliates or subsidiaries, or to any successor in interest of any business associated with the LevelField Services. In the event that LevelField is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. You may not assign any rights and/or licenses granted under this Agreement. Any attempted transfer or assignment by you in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, LevelField Account cancellation, debts owed to LevelField, general use of the LevelField Site, disputes with LevelField, and general provisions, shall survive the termination or expiration of this Agreement.
You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern this Agreement and any Dispute, except to the extent governed by federal law.
We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, pandemic, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
This Agreement shall not be construed to waive rights that cannot be waived under applicable laws, including applicable state money transmission laws in the state where you are located. In addition, our failure to insist upon or enforce strict performance by you of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance.
LevelField is an independent contractor for all purposes. Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between you and LevelField, or authorize you to act as agent of LevelField.
As a regulated financial service company operating in the US, we are required to identify users on our platform. This ensures we remain in compliance with KYC/AML laws in the jurisdictions in which we operate, something that is necessary for us to be able to continue to offer digital asset exchange services to our customers. LevelField collects and verifies information about you in order to: (i) protect LevelField and the community from fraudulent users; and (ii) to keep appropriate records of LevelField's customers. Your daily or weekly Conversion limits, LevelField Pro deposit, withdrawal and trading limits, Instant Buy limits, USD Account transfer limits, and limits on transactions from a linked payment method are based on the identifying information and/or proof of identity you provide to LevelField.
All U.S. customers who wish to use LevelField Services are required to establish a LevelField Account by:
Notwithstanding these minimum verification procedures for the referenced LevelField Services, LevelField may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any LevelField Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your level of identity verification by visiting your account's Limits page.
You may contact us via email at LFCustomerSupport@LevelField.us to request larger limits. LevelField will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and LevelField does not guarantee that we will raise your limits.
This policy describes how LevelField delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your LevelField Account(s) and your use of LevelField Services. Communications include:
We will provide these Communications to you by posting them on the LevelField Site, emailing them to you at the primary email address listed in your LevelField profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
In order to access and retain electronic Communications, you will need the following computer hardware and software:
You may withdraw your consent to receive Communications electronically by contacting us via email at LFCustomerSupport@LevelField.us. If you fail to provide or if you withdraw your consent to receive Communications electronically, LevelField reserves the right to immediately close your Account or charge you additional fees for paper copies.
It is your responsibility to provide us with a true, accurate and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if LevelField sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, LevelField will be deemed to have provided the Communication to you.
You may update your information by logging into your account and visiting settings or by contacting our support team via email at LFCustomerSupport@LevelField.us.
LevelField maintains licenses to engage in money transmission activities in many states, and these licenses may impact our provision and your use of certain LevelField Services depending on where you live. LevelField's licenses and corresponding required disclosures can be found on the LevelField Licenses page, which is incorporated by reference.
If you live in the following jurisdictions, we are required to provide you with the following information:
Texas If you have a complaint, first contact the consumer assistance division of LevelField via email at LFCustomerSupport@LevelField.us or (346) 443-2311. If you still have an unresolved complaint regarding the company\'s money transmission or currency exchange activity, please direct your complaint to: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll free), www.dob.texas.gov.
In addition to the Services described in the Agreement, the following services ("Additional Services") may be made available by LevelField to Users that fulfill certain eligibility criteria. The provisions for each Additional Service herein apply to your use of such Additional Service, in addition to the other applicable provisions of the Agreement. If you do not use any Additional Services, then this Appendix does not apply to you.
1. Direct Deposit. If you are eligible for our Direct Deposit feature (“Direct Deposit”), and we have verified your required identifying information, you may arrange to have all or part of your paycheck or any eligible federal or state government benefit or payment (e.g., federal or state tax refunds or Social Security payments) transferred into your LevelField Account by your employer or government payer, as applicable. You may select whether you want such funds to be transferred into your LevelField Account as U.S. Dollars or a Digital Asset available for Direct Deposit. Not all Digital Assets may be available for Direct Deposit.
2. Direct Deposit Enrollment. You can enroll by using our automated feature which links directly to your payroll provider or you can provide your employer, payroll provider or the government payer with the account and routing numbers we provide to you. We will also provide you with a direct deposit form that you may give to your employer via PDF file that can be saved or emailed to your personal email address or your human resources or payroll department. The account and routing numbers we provide to you do not represent a bank account on your behalf. Upon enrollment, you must select the amount of your paycheck you would like deposited to your LevelField Account and select the Digital Asset you would like the amount deposited or converted to. We do not charge any fees to set up or maintain Direct Deposit and we will waive the LevelField trading fee but will include a spread to exchange your Direct Deposit funds to a Digital Asset (see pricing and fee disclosures for more information). You are responsible for any fees associated with subsequent conversion or transfer of Digital Assets.
3. Transfer Limits. You may not deposit more than $25,000 per day using Direct Deposit. We reserve the right to accept, reject or limit transfers via Direct Deposit in our and our bank providers’ sole discretion.
4. Funds Availability and Conversion. Funds added to your account via Direct Deposit are transferred to and held by Signature Bank, or another of our bank providers. The availability of your Direct Deposit funds is subject to the timing of your payer’s funding processes. Funds transferred via Direct Deposit will typically be available 3-5 business days (excluding Federal holidays) from the day your payer initiated the deposit. Because we do not receive funds via Direct Deposit instantly, there will be some delay between the payment being initiated by the payer and the payment arriving in your LevelField Account. There may also be a delay depending on the third party payroll provider. If you elect to receive your Direct Deposit funds in the form of a Digital Asset, then upon confirmation from Signature Bank or another partner bank that your funds have arrived, we will convert your funds from USD to your selected Digital Asset at the Exchange Rate at the time of such conversion and deposit into your LevelField Account. You understand that your acquired Digital Assets are exposed to exchange rate risk such that your Digital Asset holdings may either appreciate or depreciate in value relative to USD.
5. Cancellation of Direct Deposit. If you wish to cancel Direct Deposits, change your deposit allocation to 0% within your LevelField Account management settings.
6. Transaction History. You may review your transaction history on the LevelField Site to verify that each Direct Deposit has been received.
8. Termination. We reserve the right to refuse to facilitate the processing of your application through Signature Bank, or another partner bank, or terminate your access to Direct Deposit for any reason.
9. Representations and Warranties. In order to assist in the prevention of fraud you represent and warrant the following in connection with your Direct Deposit:
9.1. In connection with tax refunds (i) the name and Social Security Number associated with each refund payment will match the name and Social Security Number associated with your LevelField Account; and (ii) in the case of joint tax returns, the name of the first person listed in the tax return and their Social Security Number associated with the refund payment will match the name and Social Security Number of the LevelField Account holder.
9.2. In connection with other federal payments, the name and Social Security Number associated with each payment will match the name or Social Security Number associated with your LevelField Account.
2.1. Access to LevelField Pro. Eligible users may establish an account at LevelField Pro (at LevelField.pro), an order book exchange platform for Digital Assets. LevelField does not offer LevelField Pro to customers in all jurisdictions. This Section applies to you if you access LevelField Pro.
2.2. Order Books. LevelField Pro offers an order book for various Digital Assets and Fiat Currency trading pairs (each an “Order Book”). Refer to your LevelField Pro account to determine which Order Books are available to you.
3.1. Trading Rules. By accessing LevelField Pro through LevelField.pro or LevelField Pro API, you accept and agree to be bound by the Trading Rules.
3.2. Trading Fees. By placing an order on LevelField Pro, you agree to pay all applicable fees and you authorize LevelField to automatically deduct fees directly from your LevelField Pro Account. Trading Fees are set forth in the Trading Rules and at LevelField.us/fees.
4.1. Trading Account Use. You may not sell, lease, furnish or otherwise permit or provide access to your Trading Account to any other entity or to any individual that is not your employee or agent. You accept full responsibility for your employees' or agents' use of LevelField Pro, whether such use is directly through LevelField Pro website or by other means, such as those facilitated through API keys, and/or applications which you may authorize. You understand and agree that you are responsible for any and all orders, trades, and other instructions entered into LevelField Pro including identifiers, permissions, passwords, and security codes associated with your LevelField Pro Account.
4.2. Suspension and Cancellation. In the event that your LevelField Account is suspended or terminated, we will immediately cancel all open orders associated with your LevelField Pro Account, block all withdrawals and bar the placing of further orders until resolution or Account cancellation.
1.1. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and LevelField agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services or of the LevelField Site, any Communications you receive, any products sold or distributed through the LevelField Site, the Services, or the User Agreement and prior versions of the User Agreement, including claims and disputes that arose between us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and LevelField may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or LevelField may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the User Agreement as well as claims that may arise after the termination of this User Agreement.
1.2. Waiver of Jury Trial. YOU AND LEVELFIELD HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and LevelField are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
1.3. Waiver of Class and Other Non-Individualized Relief. YOU AND LEVELFIELD AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 1.8, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 1.8 entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and LevelField agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or LevelField from participating in a class-wide settlement of claims.
1.4. Rules and Forum. The User Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Formal Complaint Process described in Section 7.2 above does not resolve satisfactorily within forty-five (45) business days after receipt of your complaint form, you and LevelField agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at Consumer Rules.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). If you initiate the arbitration, you must provide LevelField a copy of your Request by email at arbitration@LevelField.us or through LevelField’s registered agent for service of process. The Request must include: (1) the name, telephone number, mailing address, email address of the party seeking arbitration, and the email addresses associated with the applicable LevelField Account(s); (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought, including an accurate, good faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Formal Complaint Process as described above in Section 7.2 (if you are the party making the Request); and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and LevelField otherwise agree, or the Batch Arbitration process discussed in subsection 1.8 is triggered, the arbitration will be conducted in the county where you reside. Disputes involving claims, counterclaims, or requests for relief under $25,000, not inclusive of attorneys’ fees and interest, will be conducted solely on the basis of documents you and LevelField submit to the arbitrator. If your claim exceeds $25,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. In any case, you and LevelField agree that we will not request more than three depositions per side in each arbitration or Batch Arbitration proceeding. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules.
You and LevelField agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
1.5. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) business days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under subsection 1.8 is triggered, the AAA will appoint the arbitrator for each batch.
1.6. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the Section entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the Section entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such Section entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction. In any award of damages, the arbitrator shall abide by the “Limitation of Liability” section of this User Agreement.
1.7. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or LevelField need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Formal Complaint Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
1.8. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and LevelField agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against LevelField by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by LevelField.
You and LevelField agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
1.9. Modification. Notwithstanding any provision in this User Agreement to the contrary, we agree that if LevelField makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the LevelField Site and/or Services, including the acceptance of products and services offered on the LevelField Site following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes.
This policy is effective as of April 30, 2022
Last updated: October 24, 2022
Your privacy is important to us. It is LevelField Financial’s policy to respect your privacy and comply with any applicable law and regulations.
While you use our Website, located at https://levelfield.us we are processing your Personal Information. You have the right to know what we do with it and the choices you have over your Personal Information.
If you have any questions or concerns about this Policy, please feel free to contact us at
1300 W. 19th Street
Houston, TX 77008-9998
We collect your Personal Information under the following circumstances:
In short: During the various interactions we have with you, you may be required to provide us with Personal Information. For example, we collect Personal Information when you contact us via email or via social media, when you join our waitlist, or when you submit an application to open a LevelField account. The Personal Information we collect may vary whether you use our services or if you are a simple user of our website.
In detail: The Personal Information you provide to us directly are the following:
In short: In certain circumstances, we collect information about you from our trusted partners, such as our marketing partners or advertisers, or our Anti-Money Laundering (“AML”) service providers.
In detail: We may also collect information about you from third-party organizations, including analytics providers, advertising networks, and our AML vendors.
When you onboard with LevelField, we will as ask you to submit a copy of your government-issued ID as well as a selfie. To help us comply with our AML obligations and to detect any potential forgeries, our AML service providers will perform a risk assessment to help us determine if we can pursue the onboarding process. In this context, we may collect personal information on you from our service providers.
In short: During each of your visits to our sites and mobile applications, we collect information about your connection and your browsing activity through cookies.
In short: We collect Personal Information for business or commercial purposes.
In detail: “Business purpose” means that we use your Personal Information for operational purposes such as delivery, better user experience, security.
“Commercial purpose” means that we use your Personal Information for advancing our commercial or economic interests, such as by enabling or effecting, directly or indirectly, a commercial transaction.
We process your Personal Information for the following purposes
In short: In certain circumstances, we disclose your Personal Information to external organizations (e.g., our service providers, or social media platforms, our business partners…) or public authorities. We do not sell, rent or disclose your Personal Information to any third party if you choose to opt-out from that sale.
In detail: We have disclosed your Personal Information to the categories of recipients listed below in the past 12 months:
In the preceding twelve (12) months, we have shared your Personal Information to the following categories of third-parties:
service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, hosting and server providers, error loggers, debt collectors, maintenance or problem-solving providers, professional advisors, payment systems operators, and AML service providers.
a parent, subsidiary, or affiliate of our company;
Disclosure for commercial purposes:
In the preceding twelve (12) months, we have sold your Personal Information to the following categories of third parties.
If you decide to subscribe to the products or services of our business partners and you allow them to access some of your information, in particular by logging into their sites or applications, their privacy policies will be applicable to you. We have no control over the collection, use and disclosure of your information when carried out by our business partners on their own website.
We may disclose your Personal Information when we are required or authorized by law to cooperate with local, national or international law enforcement or other authorities for the reporting of and/or investigation of improper or unlawful activities, or if we need to comply with court orders.
We may also disclose your Personal Information to credit reporting agencies, courts, tribunals, and regulatory authorities, in the event you fail to pay for goods or services we have provided to you.
In short: Subject to certain exceptions and restrictions, you have the right to ask us to delete your Personal Information, or to provide you with information on the Personal Information that we have collected, our sources of collection, the business and commercial purposes for which this information was collected, and the categories of third parties with whom this information has been shared.
In detail: If you wish to exercise these rights, please follow the following instructions, and contact us at <email@example.com> or at the following phone number: (346)-443-2311.
Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify your identity or authority to make the request. If we cannot initially verify your identity, we may request additional information to complete the verification process, such as a government-issued ID.
You may designate an authorized agent to exercise your rights on your behalf. We may ask you or the agent to provide proof that the agent has received your authorization to act on your behalf, such as a written and duly signed certificate stating you authorize the agent to act on your behalf.
We will respond to your request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
In short: As explained above, we may sell your Personal Information to third-party organizations. You can object to such sale of your Personal Information.
In detail: You can opt out of the sale of your Personal Information by clicking on the “Do not sell my Personal Information” link Settings. We will stop the sale of your Personal Information no later than 15 days following your request.
We will not discriminate you in case you decide to exercise your rights, which means that we will not:
If you have any questions or concerns about this Policy, please feel free to contact us at
1300 W. 19th Street
Houston, TX 77008-9998
If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details above and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.
You also have the right to contact a regulatory body or data protection authority in relation to your complaint.
In short: Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, and to provide organizations with information on you and on your browsing activities.
In detail: Cookies have several functions such as allowing you to navigate efficiently on a website and remembering your choices and the goods and services you purchased. Thanks to cookies, we can:
When we talk about "cookies" we are also talking about technologies similar to cookies, such as scripts, pixels, fingerprinting, web beacons, and redirects. Scripts (sometimes called tags) are programs that run in your browser and perform various actions, such as sending information to our servers.
Cookies can be implemented by us and also by third-party organizations.
In detail: The cookies we place on your terminal give us access to the following personal information relating to you:
In short: Yes and no. Some cookies are necessary for our site to function ("essential cookies"). However, for others, when required by applicable legislation, your consent is collected before the cookies are implemented on your terminal (“nonessential cookies”).
In detail: Essential cookies allow our website to function. Without them, your user experience would be degraded. The essential cookies that we implement are the following:
In short: These cookies, for which we collect your consent, are used to measure our audience, to present you with personalized advertising, to tailor the content displayed on our website/application to your preferences, and to allow you to share our website content on social media platforms.
In detail: These cookies are used for us to support:
Please consult the privacy policies of any such social networks to learn about the collections and processing they carry out on your data.
In short: No. Some cookies are set by third parties, which could either be our service providers or business partners. Our service providers support us in our day-to-day activities (for example Google sets a cookie to help us measure our audience). Other cookies are placed by our business partners, i.e.:
These business partners and their cookies are also presented to you before they implement cookies on your terminal.
At a later stage, you can also opt out of the implementation of cookies at any time and easily. All you need to do is to send us an email at the following address privacy@LevelField.us or use our tool link here Cookie Settings