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Disclaimer & Terms of Use for Purchases

APPLICABILITY OF TERMS AND CONDITIONS

These Terms of Use and Disclaimer (“Terms”) set forth your rights and obligations with respect to any transaction conducted through the website 3rdlevelconsulting.com (“Website”) operated by 3rd Level Consulting, Inc. (“Company,” “we,” “us,” or “our”). By accessing or using the Website, placing an order, or purchasing any products or services through the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website or purchase any products or services offered through the Website.

These Terms apply to all transactions conducted through the Website and all products and services purchased through the Website. We reserve the right to modify these Terms at any time without prior notice. Any changes to these Terms will be effective immediately upon posting on the Website. Your continued use of the Website following the posting of revised Terms constitutes your acceptance of such changes.

 ONLINE ORDERS

  1. Order Acceptance:  All orders placed through the Website are subject to acceptance by the Company. We reserve the right to refuse or cancel any order for any reason, including but not limited to product or service availability, errors in product or service descriptions or pricing, or suspicion of fraudulent activity. If we cancel an order after you have already been charged, we will issue a refund to your original method of payment.
  2. Order Confirmation:  After placing an order, you will receive an email confirmation acknowledging receipt of your order. This email confirmation does not constitute acceptance of your order by the Company. An order is not accepted until we send you a separate confirmation email indicating that your order has been processed or shipped, or until the requested services have commenced.
  3. Pricing and Availability:  All prices displayed on the Website are in U.S. dollars unless otherwise specified. We strive to provide accurate pricing information, but errors may occur. If we discover an error in the price of products or services you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, we will treat the order as canceled.
  4. Product and service availability is not guaranteed. We reserve the right to discontinue any product or service at any time without notice.

PAYMENT TERMS

  1. Payment Methods:  We accept payment through the methods specified on the Website at the time of purchase. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that the payment information you provide is accurate and complete.
  2. Billing:  Your credit card or other payment method will be charged at the time of purchase or in accordance with the terms specified during the checkout process. For subscription services, your payment method will be billed on a recurring basis according to the subscription terms you select.
  3. Taxes:  You are responsible for paying all applicable taxes associated with your purchase. Tax rates are based on the location to which products are shipped or where services are provided, as well as other factors, and are calculated at the time of purchase.

SHIPPING AND DELIVERY

  1. Shipping Methods and Fees:  Shipping methods, timeframes, and fees will be displayed during the checkout process. Shipping fees are non-refundable unless otherwise specified.
  1. Delivery Timeframes:  Any delivery dates or timeframes provided are estimates only and are not guaranteed. We are not responsible for delays in delivery due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, acts of terrorism, actions by governmental authorities, or other events outside our control.
  2. Risk of Loss:  Risk of loss and title for products purchased from the Website pass to you upon delivery of the products to the carrier.

RETURNS AND REFUNDS

  1. Return Policy:  If you are not satisfied with your purchase, you may return eligible products within thirty (30) days of delivery, subject to the terms and conditions of our Return Policy. To initiate a return, please contact us at support@3rdLevelConsulting.com or help@3rdLevelConsulting.com . Custom or personalized products or services may not be eligible for return.
  2. Refund Process:  Refunds will be issued to the original payment method used for the purchase. Processing times for refunds vary depending on the payment method and financial institutions involved. Shipping fees and handling charges are non-refundable unless the return is due to our error.
  3. Defective Products or Services:  If you receive a defective product or service, please contact us within 10 days of receipt. We may, at our discretion, offer a replacement, repair, or refund for defective products or services.

INTELLECTUAL PROPERTY RIGHTS

  1. Ownership:  All content on the Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, software, and the compilation of all content on the Website, is the property of the Company or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
  2. Limited License:  Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website for your personal, non-commercial purposes. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
  3. Restrictions:  You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Website, use of the Website, or access to the Website without the express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company.
  4. Trademarks:  The Company’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
  5. User Content:  If you submit, post, or transmit any content to the Website (“User Content”), you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license above to the Company.

REPRESENTATIONS, WARRANTIES, DISCLAIMERS, AND LIMITATIONS ON LIABILITY

  1. User Representations and Warranties:  By using the Website and purchasing products or services through the Website, you represent and warrant that:
    1. You are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater;
    2. You have the legal capacity and authority to enter into a binding contract with the Company;
    3. You will use the Website and any products or services purchased through the Website in accordance with these Terms;
    4. You will provide accurate and complete information when creating an account, placing an order, or engaging in any other transaction through the Website;
    5. You will not use the Website for any illegal or unauthorized purpose; and
    6. Your use of the Website will not violate any applicable law or regulation.

DISCLAIMER AND WARRANTY

THE WEBSITE AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT (A) THE WEBSITE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE WEBSITE OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS.

THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (C) ANY CONTENT OBTAINED FROM THE WEBSITE; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (E) ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE PURCHASE GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

SOLE AND EXCLUSIVE REMEDIES

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE IS TO STOP USING THE WEBSITE AND TO RETURN THE APPLICABLE PRODUCT OR DISCONTINUE THE APPLICABLE SERVICE IN ACCORDANCE WITH OUR RETURN POLICY.

INDEMNIFICATION

  1. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Content, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

THIRD-PARTY BENEFICIARIES

  1. These Terms are for the benefit of the Company and you. No other person shall have any right to enforce any of its terms.

FORCE MAJEURE

  1. The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control, including but not limited to acts of God, natural disasters, pandemic, acts of terrorism, actions by governmental authorities, or other events outside our control (“Force Majeure Event”).
  2. Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.

ASSIGNMENT

  1. The Company may assign or otherwise transfer any or all of its rights or obligations hereunder without your consent. You may not assign or otherwise transfer any of your rights or obligations hereunder without the prior written consent of the Company, and any attempted assignment or transfer without such consent will be void.

GOVERNING LAW AND DISPUTE RESOLUTION

  1. Governing Law:  These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Idaho, without giving effect to any choice or conflict of law provision or rule.
  2. Binding Arbitration:  Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the rules of the American Arbitration Association. The tribunal will consist of a single arbitrator. The place of arbitration will be Ada County, Idaho. The language to be used in the arbitral proceedings will be English.
  3. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall have the authority to grant any equitable and legal remedies that would be available in any judicial proceeding instituted to resolve a disputed matter, provided that nothing in this Section shall require arbitration of any claim or dispute which may not, under applicable law, be subject to mandatory arbitration.
  4. Small-Claims Option:  Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the scope of that court’s jurisdiction.
  5. Waiver of Class Actions:  YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

NO WAIVERS

  1. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, the terms of these Terms shall govern.

NOTICES

  1. We may provide notices to you by email, regular mail, or postings on the Website. Notice will be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the Website are deemed given 30 days after they are initially posted.
  2. You may provide notices to us by email at Frank@3rdLevelConsulting.com, by regular mail to 1000 Ocean Plaza Drive, Suite 1604, Luquillo, PR 00773, or by registered mail to 1000 Ocean Plaza Drive, Suite 1604, Luquillo, PR 00773.

SEVERABILITY

  1. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalid, illegal, or unenforceable provision will be deemed severable and the remaining provisions of these Terms will remain in full force and effect. The invalid, illegal, or unenforceable provision will be deemed superseded by a valid, legal, and enforceable provision that most closely matches the intent of the original provision.

ENTIRE AGREEMENT

  1. These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and the Company concerning the Website and any products or services purchased through the Website. These Terms supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and the Company with respect to the Website and any products or services purchased through the Website.

CONTACT INFORMATION

  1. Questions or comments about the Website or these Terms may be directed to the Company at:

3rd Level Consulting, Inc.

1000 Ocean Plaza Drive, Suite 1604, Luquillo, PR 00773

+12088693656

ACKNOWLEDGMENT

BY USING THE WEBSITE OR PURCHASING ANY PRODUCTS OR SERVICES THROUGH THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.