Terms of Service
Effective date: May 21, 2026
Welcome to leveragedcreator.ai and Leveraged Creator, LLC (collectively referred to as "Leveraged Creator,
" "we,
" "our,
" "us"). We provide website features, access to third-party
products and services to you when you visit leveragedcreator.ai, use Leveraged Creator products or services, use Leveraged Creator with applications for mobile, or use software provided by Leveraged Creator in connection with any of the foregoing (collectively, "Leveraged
Creator services"). Leveraged Creator provides these services subject to the following conditions.
Agreeing to These Terms & Conditions
We offer a range of services depending on your needs. These Terms and Conditions apply to all individuals who access, use, subscribe to, or purchase products or services from Leveraged Creator. If these Terms and Conditions are inconsistent with specific Service Terms governing a particular product or service, those Service Terms will apply.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND
CONDITIONS OF USE & SALE (THESE "TERMS") BEFORE ACCESSING, USING, OR
SUBSCRIBING OR PLACING AN ORDER OVER LEVERAGEDCREATOR.AI OR OTHER OF
OUR SITES OR ONLINE RESOURCES WHICH LINK TO THESE TERMS.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF
LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT
WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO
PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 10, 14, 15, AND 16). ARBITRATION IS
MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS
SPECIFIED BELOW IN SECTION 16. THESE TERMS FORM AN ESSENTIAL BASIS OF
OUR AGREEMENT.
General Use
The use of leveragedcreator.ai or other sites or online resources to which these Terms are linked (each, a "Website"), owned and maintained by Leveraged Creator, LLC ("Leveraged Creator,
" "we,
" "our,
" "us"), are governed by these Terms. We offer the Website, including all
information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub-users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever. THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY
STATEMENT FORM A LEGALLY BINDING AGREEMENT (THE "AGREEMENT") BETWEEN
YOU AND YOUR BUSINESS ("YOU") AND LEVERAGED CREATOR. THIS AGREEMENT
GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES
PROVIDED BY LEVERAGED CREATOR, ANY ORDER YOU PLACE THROUGH THE
WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS
APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES
OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A
COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Leveraged Creator reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms here. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools that are added to the current Website shall also be subject to the Terms.
Table of Contents
1. Website Use
2. Website User Conduct and Restrictions-License Terms
3. Our Privacy Statement and Your Personal Information
4. Information You Provide; Registration; Passwords
5. Order Placement and Acceptance
6. Products, Services, and Prices Available on the Website
7. Disclaimer – Your Individual Results Will Vary
8. Your Responsibilities Running a Business
9. Testimonials, Reviews, and Pictures/Videos
10. Compliance with the Law, Including Commitment Against Harassment and Interference with Others
11. Disclaimers of Other Warranties
12. Limitations of Liabilities
13. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
14. Leveraged Creator Additional Remedies
15. Indemnification
16. Notice and Takedown Procedures; Copyright Agents
17. Third-Party Links
18. Termination
19. No Waiver
20. Governing Law and Venue
21. Force Majeure
22. Assignment
23. Electronic Signature
24. Changes to the Agreement
25. Your Additional Representations and Warranties
26. Severability
27. Entire Agreement
28. Contacting Us
SECTION 1 – Website Use
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate or intend to operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – Website User Conduct and Restrictions-License Terms
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Leveraged Creator trademark and logo are proprietary marks of Leveraged Creator, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Leveraged Creator.
Subject to your continued strict compliance with all Terms, Leveraged Creator provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to Leveraged Creator's online materials, Leveraged Creator provides to you a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to use the software and program materials. You acknowledge and agree that: (1) the software and program materials are copyrighted material under United States and international copyright laws that is exclusively owned by Leveraged Creator; (2) you do not acquire any ownership rights in the software or program materials; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software or program materials; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software or program materials without the express written permission of Leveraged Creator; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You agree not to use or attempt to use the Website, or any software provided by Leveraged Creator, whether alone or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Leveraged Creator. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through the use of any software or hardware including, but not limited to, refraining from: HARMFUL ACTS. Any dishonest or unethical practice; any violation of the law; infliction of harm to Leveraged Creator reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven't specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party's intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; and the violation of the rights of Leveraged Creator or any third party.
"SPAMMING" AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam
and unsolicited communications. Any communications sent or authorized by you reasonably deemed "spamming,
" or any other unsolicited solicitations (including without limitation postings
on social media or third-party blogs) will be deemed a material threat to Leveraged Creator's reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you,
including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.
SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to Leveraged Creator, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
SECTION 3 – Our Privacy Statement and Your Personal Information
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement and, if you and/or your end users are located in the European Union or United Kingdom, applicable data protection regulations. Our Privacy Statement may be viewed at www.leveragedcreator.ai/privacy. Leveraged Creator reserves the right to modify its Privacy Statement in its reasonable discretion from time to time. Our Privacy Statement is incorporated into this Agreement by reference.
SECTION 4 – Information You Provide; Registration; Passwords
As a Leveraged Creator user, you will be required to create an account with Leveraged Creator. You warrant that the information you provide us is truthful and accurate and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Leveraged Creator user account, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to you as a Leveraged Creator subscriber/user, including technical information, pricing, business strategy, and data about other past or current Leveraged Creator users or their customers.
SECTION 5 – Order Placement and Acceptance
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information is missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at support@leveragedcreator.ai in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in U.S. Dollars.
All charges are in U.S. Dollars. We accept U.S.
-issued credit and debit cards from Visa,
MasterCard, American Express, and Discover. Payment information may be processed by third-party payment processors including Stripe, Whop, Fanbasis, and NMI.
To process a payment, you may be asked to provide:
●
●
●
The address the card's statement is sent to (billing address);
The card number and expiration date; and
The three (3) or four (4) digit code is found only on the card (CVV2 code).
By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) if you choose a subscription-based purchase, you will pay all payments for your subscriptions by the date due; (iii) all payment information provided is complete and accurate; (iv) you will be responsible for any credit card fees; and (v) that sufficient funds exist to pay us the amount(s) due. We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly and will use such updated information to process payments for your subscription(s) if you signed up for subscription(s). Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card's updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
SECTION 6 – Products, Services, and Prices
Products, services, and prices are generally posted at www.leveragedcreator.ai, but are subject to change. Leveraged Creator reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.
Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing, or placing an order over the Website, you authorize Leveraged Creator to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of Leveraged Creator services, and unless you terminate your subscription as provided herein, you agree that Leveraged Creator may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you. Leveraged Creator takes reasonable steps to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that Leveraged Creator does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. Initiation fees and program enrollment fees are non-refundable except as specifically provided in your separate enrollment
agreement, if any. All other sales are deemed final except as provided otherwise. Leveraged Creator descriptions of, or references to, products or services not owned by Leveraged Creator are not intended to imply endorsement of that product or service or constitute a warranty by Leveraged Creator.
SECTION 7 – Disclaimer – Your Individual Results Will Vary
Every online business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from user to user. YOUR BUSINESS' INDIVIDUAL RESULTS WILL VARY DEPENDING UPON
A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED
TO YOUR EFFORT, BUSINESS MODEL, MARKET CONDITIONS, AND PRODUCT AND
SERVICE OFFERINGS.
Leveraged Creator does not promise, guarantee, or warrant your business' success, income, or sales. You understand and acknowledge that Leveraged Creator will not at any time provide sales leads or referrals to you or your business. Those who purchase our products or services will receive access to our coaching, community, training materials, and program assets. However, we do not guarantee your business' success, and based upon many market factors that we cannot control, the software, tools, and methodologies we provide may or may not be applicable to your specific business or situation.
Further, we do not make earnings claims, effort claims, return on investment claims, or claims that our software, tools, methodologies, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity,
"get rich quick" program, guaranteed system, franchise system, or a
business in a box. You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using the information, coaching, and training purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business' accountant, attorney, or financial advisor for advice on these topics. SECTION 8 – Your Responsibilities in Running Your Business
You represent and warrant that you operate or intend to operate a business in good standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use Leveraged Creator's products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose.
You are solely and exclusively responsible for complying with all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business.
You agree to notify Leveraged Creator if any investigation or lawsuit is threatened or filed against you, whereupon Leveraged Creator shall have the right to terminate this Agreement without liability. Leveraged Creator shall have no liability for your violation of any laws. You are solely and exclusively responsible for collecting and reporting all sales and use tax, and any other taxes, that may apply to sales of products or services by your business. Leveraged Creator shall not be responsible for collecting or reporting any taxes that may apply to your business or sales of products or services by your business.
You agree to indemnify Leveraged Creator as set out below in the event that you and/or your business violate any law and a claim is threatened or asserted against Leveraged Creator as a result.
SECTION 9 – Testimonials, Reviews, and Pictures/Videos
Leveraged Creator is pleased to hear from users and customers and welcomes your comments regarding our services and products. Leveraged Creator may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Leveraged Creator services or products, in printed and online media, as Leveraged Creator determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial and do not necessarily reflect the experience that you may have using our services or products. As set forth above in Section 7, your results will vary depending upon a variety of factors unique to and beyond Leveraged Creator's control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and non-proprietary, and, by providing them, you grant Leveraged Creator a royalty-free, worldwide, perpetual, nonexclusive, and irrevocable license to use them. Additionally, Leveraged Creator reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Leveraged Creator shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Leveraged Creator reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Leveraged Creator a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Leveraged Creator and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Leveraged Creator for all claims resulting from content you supply. Leveraged Creator has the right but not the obligation to monitor and edit or remove any activity or content. Leveraged Creator takes no responsibility and assumes no liability for any content posted by you or any third party.
SECTION 10 – Compliance with the Laws, Including Commitment Against
Harassment and Interference with Others ("Targeting")
As a Leveraged Creator user, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission's Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission's Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.
If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend Leveraged Creator from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against Leveraged Creator relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether provided by Leveraged Creator. You further understand and agree that Leveraged Creator has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications. LEVERAGED CREATOR DOES NOT WARRANT THAT ANY LEVERAGED CREATOR MESSAGING
SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE
SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL
MESSAGING SOFTWARE AND/OR HARDWARE.
COMMITMENT AGAINST TARGETING AND HARASSMENT AND INTERFERENCE WITH
OTHERS. You must not use our services, whether alone, or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive.
SECTION 11 – Disclaimers of Other Warranties
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS"
"AS AVAILABLE" BASIS
,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND
EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO
THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY,
AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT
REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE
WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR
ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE,
SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL
MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE
ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES,
SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E)
ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE
OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY
RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW.
SECTION 12 – Limitations of Liabilities
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT
SHALL LEVERAGED CREATOR OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS,
TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER
DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS
AGREEMENT, THE PRIVACY STATEMENT, THE SERVICES OR PRODUCTS, YOUR OR A
THIRD PARTY'S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE,
SERVICE, OR PRODUCT, REGARDLESS OF WHETHER LEVERAGED CREATOR HAS HAD
NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS
INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF
DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR
PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE
MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF
LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE
AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
SECTION 13 – Dispute Resolution by Mandatory Binding Arbitration and
Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR
RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE
THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE
RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU
ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY
JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO
COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR
MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL
CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN
ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE
THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR
OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS
PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN
ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN
INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING
INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST
FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us at support@leveragedcreator.ai to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association ("AAA"), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 14 and 20 below. The arbitration will be conducted by a single neutral arbitrator in the English language in the State of Florida, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA's Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Statement, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Leveraged Creator.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. You and Leveraged Creator agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Leveraged Creator expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120 day informal resolution procedures described above). This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with Leveraged Creator, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect. YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO
LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND
TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU
UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY
THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH
THIS ARBITRATION PROVISION.
SECTION 14 – Leveraged Creator Additional Remedies
In order to prevent or limit irreparable injury to Leveraged Creator, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Leveraged Creator or a third-party, Leveraged Creator shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Leveraged Creator from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business.
SECTION 15 – Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Leveraged Creator, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys' fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party. SECTION 16 – Notice and Takedown Procedures; Digital Millennium
Copyright Act
If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Leveraged Creator a notice requesting that Leveraged Creator remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Leveraged Creator a counter-notice. Notices and counter-notices should be sent to Leveraged Creator, Attention Legal Department, by e-mail to support@leveragedcreator.ai.
SECTION 17 – Third-Party Links
The Website may contain links to other websites. The views, information or opinions expressed on or during any Leveraged Creator content or otherwise publicized on our online and mobile resources are solely those of the creating authors or contributors and not those of Leveraged Creator or its parent companies. Further, Leveraged Creator is not responsible for and does not verify the accuracy of any of the information contained in any such content. The primary purpose of these resources is to educate, inspire, and inform. Some authors' or contributors' content may discuss strategies and methods for earning income in business, and you should feel free to reach out to those authors or contributors about their proof that such strategies and methods work. Leveraged Creator assumes no responsibility for the content or functionality of any non-Leveraged Creator website to which we provide a link. Please see our Privacy Statement for more details.
SECTION 18 – Termination
This Agreement will take effect (or shall re-take effect) at the time you click "ACTIVATE MY ACCOUNT NOW,
" "PAY NOW,
" "ORDER NOW"
"SUBMIT"
"BUY NOW"
"PURCHASE"
"I
,
,
,
,
ACCEPT"
,
"I AGREE" or similar links or buttons, otherwise submit information through the
Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Leveraged Creator or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 10, 18, 20 through 28 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Leveraged Creator. Upon termination, you remain responsible for any outstanding payments to Leveraged Creator.
SECTION 19 – No Waiver
No failure or delay on the part of Leveraged Creator in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Leveraged Creator.
SECTION 20 – Governing Law and Venue
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement or any matter concerning Leveraged Creator, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of the State of Florida, United States of America, without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 13 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by courts located in Miami-Dade County, Florida, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts' exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class-wide or representative basis. SECTION 21 – Force Majeure
Leveraged Creator will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
SECTION 22 – Assignment
Leveraged Creator may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Leveraged Creator (or its assigns') express written consent.
SECTION 23 – Electronic Signature
All information communicated on the Website is considered an electronic communication. When you communicate with Leveraged Creator through or on the Website or via other forms of electronic media, such as email, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. SECTION 24 – Changes to the Agreement
You can review the most current version of the Terms at any time. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement located at www.leveragedcreator.ai/privacy, by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.
SECTION 25 – Your Additional Representations and Warranties
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website, or intend to operate such a business; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that Leveraged Creator has the right to rely upon all information provided to Leveraged Creator by you, and Leveraged Creator may contact you and your business by email, telephone, text message, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to you, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Leveraged Creator of the same within 24 hours. Leveraged Creator at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Leveraged Creator without incurring any obligation or liability to you. SECTION 26 – Severability
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 27 – Entire Agreement
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and your business and Leveraged Creator and govern your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Leveraged Creator. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 28 – Contacting Us
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to support@leveragedcreator.ai. If you have any questions or inquiries concerning any of the Terms, you may contact Leveraged Creator by email at support@leveragedcreator.ai.
Leveraged Creator, LLC 7190 E Kierland Blvd Scottsdale, AZ 85254
support@leveragedcreator.ai