Last updated: April 28, 2020
Thanks for using Level! Level is a third party administrator of self-insured benefits. We help employers self-insure dental plans for their employees and families. Level operates a network of dentists, helps design and price plans, processes claims and payments, and assists employees easy-to-use tools and customer support.
1. Level does not provide medical care services
Level provides technologies to help employers administer certain health care benefits for their employees. Level also operates Sites and Apps wherein those employees can manage their health care benefits. Nothing contained, expressed or implied in the Services is intended as nor shall be construed as medical advice.
2. Your Rights and Responsibilities
Using the Services. You’re responsible for your conduct. You agree that you will comply with the Terms, including our Acceptable Use Policy. You agree that you will use the Services as intended, and that you will not (i) sell, resell, or lease the Services unless you are authorized by us to do so, or (ii) reverse engineer or decompile the Services, nor attempt nor assist anyone else to do so, unless this restriction is prohibited by law. We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for your or anyone else’s use of the Services.
Applicable Law. You may use our Services only as permitted by applicable law, including export control laws and regulations. Our Services may only be used in the United States of America, and our Apps and Sites may not be used by anyone under the age of 18.
Your Account. If you have an account with us, safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account; you are responsible for any activity on your account. You may not use an email address with the Services that you don’t have the right to use or another person’s email address with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
Connecting a Bank Account. If you choose to connect an account with the Services:
Accurate Information. You will designate a funding account (“Your Account”), and you represent and warrant that the account belongs to you, you have the right to authorize us to charge Your Account, and that you will maintain Your Account information to be accurate and up to date. You will indemnify and hold us harmless from any claims by any other owner of Your Account. Level does not take any responsibility for payment made into or out of the wrong account based on your input. You agree to promptly notify us in writing of any changes to Your Account.
Sufficient Funds. You agree to maintain a balance in Your Account that is sufficient to fund all payments you initiate, and that we are not responsible for any overdraft or insufficient fund situation or charge (including, but not limited to, finance charges, late fees or similar charges) caused by your failure to maintain a sufficient balance in Your Account. You agree that if there are insufficient funds in Your Account, we may (but we are not obligated to) advance the funds to make initiated payments. You agree to pay us promptly on our request for any amounts that we have provided to fund any payment we make on your behalf.
Payout Authorization. You authorize Level and its service providers to debit and credit Your Account in connection with the Services (“Payment Authorization”). Such charge may take the form of a direct check, an ACH debit, or other form of funds transfer, in our sole discretion. You appoint us as your agent for the limited purpose of providing the Services to you.
Consent to Electronic Communications. By accepting these Terms and connecting Your Account, you’re electronically signing and providing your consent to receive electronic communications in relation to your Payment Authorization. If you contact us, we will provide you with a paper copy of the Payment Authorization. If you want to withdraw your consent to receive electronic communications, you should disconnect Your Account from Level, and you will no longer be able to use the Services in relation to Your Account. To access and retain electronic communications, you must have a Level account, a computer or mobile device that has screenshot or printing capability, a connected printer if applicable, and internet access.
Subprocessors. You understand that Level uses third party subprocessors to connect to Your Account and to process payments, if applicable. You authorize Level to share your payments information with its third party subprocessors.
Invalidation. Payments may be invalidated and reversed by us if, among other reasons, Level sent the payment in error, the funding transaction is declined or reversed, the payment was unauthorized or unfunded, or if the payment was for activities that violated this Agreement or any other agreement with us. You agree that we may charge a service fee for any returned payment, including, but not limited to, returns resulting from insufficient funds in your account, the fact that your account is closed, or because you provided incorrect account or routing information to us.
Stop Payments. You may be able to stop payment of any scheduled recurring payment by notifying the bank or other financial institution where Your Account is located. However, we will continue to charge Your Account for that payment and for other recurring payments until the expiration date you set for the payments or the date you cancel the recurring payments through the Services, whichever occurs sooner. If our ACH charge to Your Account is rejected or returned to us because you have instructed your bank or financial institution to stop the recurring payment, we may charge you a service fee.
3. Members and their employers
If your employer has chosen us to administer its benefits plan (you’re a “Member”), you must use the Services in compliance with your employer’s terms and policies, and your benefits plan is subject to Your employer’s control. Your employer may be able to restrict or terminate your access to your benefits plan. In addition, there may be times when your employer will receive claims submitted by your Providers because your employer is ultimately responsible for their payment. You hereby grant Level the rights to Your Information that are reasonably necessary for Level to provide the Services to your employer.
If you are a health care provider (a “Provider”) or are accessing Level’s Services on behalf of a Provider:
Accounts and Accessing Information. You agree and represent and warrant that you (i) have the necessary authority to open an account on behalf of the relevant Provider, and (ii) will only access and view the minimally necessary information to provide or receive payment for services provided to individuals.
Licenses. The Provider must have and maintain the applicable professional license or certification in good-standing in order to be paid by Level or use Level Services. If the relevant Provider’s license or certification is, or is threatened to be, revoked, suspended or otherwise limited after you submit a claim (each a “License Event”), you are required to notify Level within five business days of becoming aware of such License Event. You acknowledge and agree that you are solely responsible for ensuring compliance with all laws, regulations and other requirements that govern a Provider’s profession.
Your Information. For the avoidance of doubt, Your Information includes all information, including but not limited to information related to any claim, that is submitted on your behalf to Level or that you submit on behalf of a Provider. You agree that Level may publicly disclose and use any of Your Information that you provide in relation to a directory or which would normally be disclosed to your patients.
5. Benefits Administrator
If you act as a benefit administrator for an employer that is a Level customer (you’re an “Administrator”), you agree that you will only use the Services that Level makes available to administrators as strictly necessary for the purpose of fulfilling your obligation as an Administrator.
6. Intellectual Property
Level’s Property. The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, Other Users’ Content, Level trademarks, logos or other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you, and that such feedback is not confidential.
Possible Infringement. If Level believes the Services infringe or may be alleged to infringe a third party's Intellectual Property Rights, then Level may: (i) obtain the right for Customer, at Level's expense, to continue using the Services; (ii) provide a non-infringing functionally equivalent replacement; or (iii) modify the Services so that they no longer infringe. If Level does not believe the options described in this section are commercially reasonable then Level may suspend or terminate your use of the affected Services.
Copyright Protection. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that anything on the Site or in the Services infringes on a copyright that you own or control you may file a notification of such infringement by emailing firstname.lastname@example.org.
The Services may allow you to download client software (“Software”) which may update automatically, or you may access our Services using our Apps. So long as you comply with the Terms, we give you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software and Apps, solely to access the Services.
8. Third Party Sites
The Services may contain links or connections to third party websites or services that are not owned or controlled by Level. Level has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
9. Termination and Suspension
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services if (a) you’re in breach of these Terms, (b) you’re using the Services in a manner that could cause a real risk of harm or loss to us or other users, (c) Your Organization’s account is terminated for any reason (if applicable), or (d) for any reason at any time. We may change or suspend the Services at any time. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
10. Services “AS IS”
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, LEVEL AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LEVEL DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) ANY DEFECT OR ERROR WILL BE CORRECTED; (C) THE SERVICES WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) ANY CONTENT PROVIDED THROUGH THE SERVICES WILL BE CURRENT OR ACCURATE; OR (E) THAT A PARTICULAR PRODUCT, SERVICE OR PROVIDER YOU SEE ON THE SERVICES WILL BE AVAILABLE TO YOU. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.
11. Limitation of Liability
Limitation on Indirect Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, LEVEL AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR (II) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE LEVEL KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation on Amount of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, LEVEL’S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED $100.
You will indemnify, defend, and hold harmless Level from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of any claim by a third party against Level and its Affiliates regarding: (i) Your Information; (ii) your use of the Services; or (iii) your breach of the Terms. Level will promptly notify you of the claim and cooperate with the you in defending the claim. In its sole discretion, Level may choose to defend itself in any claim, all costs of which you will be responsible for paying or reimbursing, including reasonable attorneys fees.
13. Resolving Disputes
Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Level, you agree to try to resolve the dispute informally by contacting email@example.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Level may bring a formal proceeding.
Judicial forum for disputes. You and Level agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of New York, New York, subject to the mandatory arbitration provisions below. Both you and Level consent to venue and personal jurisdiction in such courts.
YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree To Arbitrate. You and Level agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by emailing firstname.lastname@example.org and clearly opting out of arbitration within 30 days of first registering your account. However, if you agreed to a previous version of these Terms that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, New York (NY), or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Level will pay all arbitration fees for individual arbitration for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Level will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Either you or Level may assert claims, if they qualify, in small claims court in New York (NY) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in New York County, New York to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
Controlling Law. These Terms will be governed by the law of the state of New York except for its conflicts of laws principles.
Entire Agreement. These Terms constitute the entire agreement between you and Level with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability. Level’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
Assignment. You may not assign any of your rights under these Terms, and any such attempt will be void. Level may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications. We may revise these Terms from time to time. If you don't agree to the updates we make, please stop using the Services. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at email@example.com, 28 W 25th Street, 11th Floor, New York, NY 10010.