Your use of the “Sites” constitutes your acknowledgement that you have read and accept all the terms and conditions of this User Agreement. This agreement applies on any of our domains and subdomains.

This Agreement is effective upon acceptance for new users and on March 15, 2010 for all existing users. Each of these policies may be changed at any time. Changes take effect at the time they are posted on the “Sites”. When you use various services on the “Sites”, you are subject to any posted policies or rules applicable to those services. All such rules or policies posted on the “Sites” are hereby incorporated into this Agreement.

Linked Sites/Banner Click-through

Our site may serve both a commercial and non-commercial purpose. We believe in creating value for those who visit our “Sites” by providing information both within our own “Sites” and through links to others which we believe may serve your interests. Links may lead to other online stores, content, or other functionality operated and maintained by separate companies. We cannot be responsible for linked websites. We provide these links to our visitors solely for convenience. Privacy policies of such other websites may differ from our policy and you are advised to review individual privacy statements on any website you visit.

Privacy Policy

We support your need for privacy and understand it is an important issue. We believe we have struck a practical balance of respecting your privacy and serving your account. We encourage you to read through our policies and by continuing to use the “Sites” you acknowledge you have read and agree to these terms.

So that we can reach you in order to service your order we may collect your address, phone numbers, email address, credit card details, and other information. This information is only used to fulfill our customers’ orders. Financial information is collected and used solely for the billing of products and for services offered by our “Sites”. You may change and access the information you provide to us by logging into your LevitationSystems.com account.

Please do not use the “Sites” if you have any objections whatsoever to your information being transferred or used in the way described herein.

We also may maintain an order history of your purchases. This way we can track deliveries and review your past purchases. For frequent customers, especially commercial distributor partners, your order history may be used to create special offers or purchase rewards. In order to complete your order we have to disclose some of your information to service suppliers, including delivery services or the USPS.

We do track general information regarding the number of 'hits' to our “Sites” and monitor traffic patterns that help us build a more user-friendly experience. This may also include the use of ‘cookies’ to work with your Shopping Cart during the ordering process. So please have your security setting at a level which allows cookies; for example ‘set to Medium’ in the Tools/Internet Options section of Internet Explorer.

If you have any concerns regarding our “Sites”, please contact us and we`ll be glad to discuss any issues with you.

Consent

By using our “Sites” you give us permission to use your personal information for orders, services and updates only, as outlined herein. If you have any concerns, please contact us and we'll gladly discuss it with you.

Age of Consent

We do not allow participation in the “Sites” or purchases by those under 18 years of age. If you are under 18, you may use our website only with the involvement of a parent or guardian.

An Account

If you use the “Sites” and create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The “Sites” reserves the right to refuse service, terminate accounts, remove or edit content, in our sole discretion.

Security

When you place an order online, your personal information and credit card or debit card information is encrypted. We use this approach to prevent your information from being stolen or intercepted while being transferred to us.

The “Sites” Forums

Any message posted on the “Sites” in a public area, such as the message board or forum, expresses only the views of the author of the message and does not necessarily reflect the views of LevitationSystems.com or any person or entity associated with LevitationSystems, Inc. The “Sites” uses moderators and administrators to monitor the content and appearance of messages posted in public areas. However, any message board is instantaneously dynamic, thus making it impossible for us to monitor or review every message. Therefore, you agree that neither LevitationSystems.com nor any person or entity associated with them, will be held responsible for the contents, accuracy, completeness or validity of any information posted on the “Sites”.

Your Use of the “Sites”

While using the “Sites”, you will not:

• use the “Sites”, if you are below the age of 18 or if you are unable to form legally binding contracts for any reason.
• post any material, or links to any material that are (at our sole discretion) knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violates any law;
• distribute or post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes;
• use any form(s) of technology (at our sole discretion) that might cause harm to the “Sites”, or to the interests or property of LevitationSystems.com users; post content of an inappropriate nature on the “Sites”; violate any laws, third party rights, or any of our policies;
• duplicate, change, or disseminate content from LevitationSystems.com and our copyrights and trademarks;
  gather, compile, or in any way collect information about users, including email addresses, without first obtaining such user's express consent;
• impersonate any person or entity, including without limitation a LevitationSystems.com employee or agent, or otherwise misrepresent your affiliation with any person or entity;
• transfer your account on the “Sites” to any other party without our specific consent;
• register or use any email address that you do not own or for which you do not have the express permission of the owner to register with the “Sites”.

Unsolicited Email or SPAM

Your privacy is very important to us. Our “Sites” maintain a forum or blog type function that you can elect to post comments in. So please be aware that unscrupulous marketers can sometimes "harvest" your email address if you post it in the content you submit, or directly from your computer or another person's address book, perhaps using programs that automatically scan web pages and email traffic in order to obtain email addresses.

If you receive an unsolicited email that you believe is connected with us in any way, please forward it by pasting into the email form provided here for us to investigate promptly.

Account Suspension or Termination

LevitationSystems.com works together with its users to keep the “Sites” operating properly and to help safeguard users to the extent reasonably possible. Therefore, you are encouraged to report any issues, inappropriate or offensive content, and violations of our policies to us.

You acknowledge that we may suspend, deactivate, limit, or cancel our service and user accounts, impede or restrict access to the “Sites”, defer, or delete hosted content, and utilize technological methods or legal means to keep users off of the “Sites”, if in our sole discretion, we think that they are causing issues, potential legal liabilities, or are acting in a manner inconsistent with the letter or spirit of our policies and this Agreement. We may do this without limiting other possible remedies. We also have the ability to terminate user accounts that have no activity for a long period of time.
Access and Interference to the Sites

Much of the information on the “Sites” is updated in real time and is exclusive to the owners or is licensed by third parties for our users to the “Sites”. You agree that you will not use any robot, spider, scraper or any other automated means to access the “Sites” for any purpose without first obtaining our express written permission.

You also agree that you will not:

• take any action, which based on our sole discretion, actually or might possibly impose an unreasonable or excessive load on the “Sites” operation;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the “Sites” without the prior expressed written permission of LevitationSystems.com and any appropriate third party, as applicable;
• interfere with or try to meddle, tamper, or obstruct the proper and correct functioning of the “Sites” or any activities carried out on the “Sites”; or
• circumvent or use any other method to bypass the security measures we may use to prevent or restrict access to the “Sites”.

Commercial and Non-commercial Submissions and Content License (Don’t Post stuff you Shouldn’t)

You agree that you are solely responsible for your own User Submissions and the consequences of posting or publishing them to the “Sites”. Through the act of submission you represent, warrant and/or affirm that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize the “Sites” to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the “Sites” and this User Agreement. You further agree that you will not submit material which is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant LevitationSystems.com all of the license rights granted herein.

You retain all of your ownership rights in your User Submissions. However, by making a User Submission to the “Sites”, you thereby grant LevitationSystems.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with LevitationSystems.com and the “Sites” (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the “Sites” (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the “Sites” a non-exclusive license to access your User Submissions through the website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the website and under this User Agreement. You granted these User Submissions as perpetual and irrevocable.

Using the “Sites” Content (Don’t post our stuff elsewhere)

You acknowledge that all elements of the “Sites” may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without LevitationSystems.com prior written consent. The proprietary elements of the “Sites” include our technical layout, function, search interface designs, text, graphics, logos, images, video and/or audio clips or any other elements not specifically noted. We know your computer may pull stuff into its cache for a better user experience and that type of temporary use in a single computer's RAM and hard drive cache are fine. It’s also ok to single copy of the Content displayed on any page of the website for personal and non-commercial uses but like you hear on television, “any rebroadcast without written agreement is strictly prohibited.”

No Medical Advice Acknowledgment

The “Sites” content might help you open a better dialog with the personal Health Care Professional who guides you. Through this agreement you acknowledge that you recognize and agree that the content made available through the “Sites” is for informational purposes only and is not intended to be taken and should not in any way be construed as medical advice or counselling or as the practice of medicine or as the creation of a physician-patient relationship with the “Sites”. Users further acknowledge that “Sites” advertisers, links, or comments from invited moderators to the “Sites” should never be used in place of seeking professional advice from a licensed medical practitioner; or when the “Sites” advertisers, links, or invited moderators are themselves licensed medical practitioners that the advice sought through them is separate from the “Sites” and the “Sites” can in no way be construed to be a party to any healthcare professional-patient relationship. We make no guarantees, promises, or predictions of success regarding any of the services or resources offered through the “Sites”.

Our Liability is Limited

You acknowledge and agree that LevitationSystems.com, the “Sites”, or LevitationSystems, Inc. will not be held responsible by you for other user's actions or inactions, including things posted by said users. Additionally, in no event shall the “Sites” guarantee constant or secure access to our websites or services, and normal functioning of the “Sites” may be interfered with or disrupted by numerous factors beyond the scope of our control.

You acknowledge that LevitationSystems.com, the “Sites”, or LevitationSystems, Inc. to the fullest extent permitted by law, excludes all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, incidental or consequential damages arising out of your use of the “Sites”. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. In addition, we stand behind the products we sell on the “Sites” and will work with you with the intent to make you a satisfied customer.

Regardless of the previous paragraph, you acknowledge and agree that if we are found to be liable, our liability to you or to any third party is limited to the purchase cost of the product you bought with no more than $100 in any additional liability.

Indemnity

You agree to indemnify and hold LevitationSystems.com, the “Sites” and/or LevitationSystems, Inc. and its trustees, officers, agents, directors, subsidiaries, joint ventures and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, use of the “Sites”, or the violation of any law or the rights of a third party.

Release

You agree to release LevitationSystems, Inc., and its officers, agents, directors, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, real or imaginary, arising out of or in any way connected to your use of the “Sites”.

Working out Any Disputes

If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and LevitationSystems.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. However, let’s try not to get to this point – so first, just contact us and let’s see what we can do to work something out if you have a problem. We will consider reasonable requests to resolve a dispute through alternative dispute resolution procedures, such as mediation or arbitration, before litigation.

Law and Forum for Disputes – You acknowledge that this Agreement shall be governed in all respects by the laws of the State of Indiana. You agree that any claim or dispute you may have against LevitationSystems.com must be resolved by a court located in Evansville, IN except as otherwise agreed by the parties or as described in the Arbitration Option noted below. You agree to submit to the jurisdiction of the courts located within Vanderburgh County, Indiana for the purpose of litigating any claims or disputes.

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims – You agree that any claims filed or brought contrary to the “Working out Any Disputes” Section shall be considered improperly filed. If you improperly file a claim, LevitationSystems.com may recover attorneys' fees and costs up to $5000, provided that we notify you in writing of the improperly filed claim, and you fail to promptly withdraw the claim.
Severability and Continuation

Should any provision of this Agreement be held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The section titles and headings in this Agreement are for reference or convenience only and have no legal or contractual effect and in no way limit the scope or extent of such section. Failure of LevitationSystems.com to take action in regards to a violation of this Agreement by you or others in no way waives our rights to take action with respect to subsequent or similar violations. In no way do we guarantee that we will take action against all violations of this Agreement. LevitationSystems.com is located at 722 McMillen St., Fort Atkinson, WI 53538.

We may make changes or amendments to this Agreement at any time by posting the amendments on the “Site”. All changes to this Agreement shall automatically become effective immediately after they are first posted unless stated otherwise elsewhere. We might also attempt to notify you through email, but we are in no way required to do so. You acknowledge and agree that this Agreement may not be amended otherwise, with or without our consent, except in a writing signed by both you and us. This Agreement contains the entire understanding and agreement between you and LevitationSystems.com with regards to the subject matter described herein. Various sections in this Agreement survive any cancellation, rescission, or termination of this Agreement, specifically these sections: Commercial and Non-commercial Submissions and Content License, Using the “Sites” Content, No Medical Advice Acknowledgment , Our Liability is Limited, Release, Indemnity, and Working out Any disputes.