Terms of Use

ACCEPTANCE OF THE TERMS OF USE

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.levelup-dmc.com, including any content, functionality, and services offered on or through levelup-dmc.com, b2b.levelup-dmc.com, or any content or interaction on our social media channels (collectively, the “Website”), whether as a guest or a registered user. These Terms of Use are entered into by and between you and Level UP Travel LLC (“Level UP Travel LLC”, “we,” or “us”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website, or clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by both these Terms of Use and our Privacy Policy, found at https://www.levelup-dmc.com/privacy-policy/, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 13 years of age or older, and is governed by the laws of United Arab Emirates, as set forth below under the heading “Governing Law and Jurisdiction.” Users who are under 18 years of age must have the consent of a parent or legal guardian to use this Website. By using the Website, or clicking to accept or agree to the Terms of Use, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are encouraged and expected to check this page from time to time so that you are aware of any changes, as they are binding on you.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any

period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy https://www.levelup-dmc.com/legal/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You are responsible for the actions of anyone using your account, whether with or without your permission. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time and in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Level UP Travel LLC, its licensors, or other providers of such material and are protected by United Arab Emirates and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website: (i) if you are an individual consumer, for your legitimate personal uses for which the Website is intended for consumers (whether as a registered user or a guest); and (ii) if you are a person or entity that sells travel and has executed our Travel Employee contract (a “Level UP Travel LLC Employee”), for the legitimate business purposes for which the Website is intended for such persons or entities (collectively, the “Permitted Uses”). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in temporary memory or caches incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for the Permitted Uses and not for further reproduction, publication, or distribution.
If we provide social media features enabling you to share, repost, or forward certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text or for any purpose other than the Permitted Uses.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

Additionally, please be advised that certain suppliers and/or Level UP Travel LLC Employees have provided the travel product images located within the image galleries on the profile, itinerary, destination, or story pages on this Website or in posts to Level UP Travel LLC social media accounts (“Supplier Images“), and such suppliers and/or Level UP Travel LLC Employees have represented to Level UP Travel LLC that they consent for Level UP Travel LLC Employees (and no other person or entity) to use, reproduce, and distribute the Supplier Images solely in connection with the Level UP Travel LLC Employees’ lawful and accurate marketing and advertising concerning the Level UP Travel LLC Employees’ goods and services and/or the applicable supplier’s and/or Travel Provider’s goods and services. EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING SENTENCE, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NO OTHER PERSON OR ENTITY IS PERMITTED TO USE, REPRODUCE, OR DISTRIBUTE THE SUPPLIER IMAGES OR ANY OTHER IMAGES, GRAPHICS, ILLUSTRATIONS, OR PHOTOGRAPHS (INCLUDING WITHOUT LIMITATION, LEVEL UP TRAVEL LLC PHOTOGRAPHS OR USER CONTRIBUTIONS) ON THE WEBSITE FOR ANY PURPOSE. UNAUTHORIZED USE OF THE SUPPLIER IMAGES OR ANY OTHER IMAGES, GRAPHICS, ILLUSTRATIONS, OR PHOTOGRAPHS ON THE WEBSITE MAY SUBJECT YOU TO LEGAL LIABILITY INCLUDING, AMONG OTHER THINGS, CLAIMS, LAWSUITS, DAMAGES, ATTORNEYS’ FEES, AND CIVIL AND CRIMINAL PENALTIES. If a Level UP Travel LLC Employee is unsure as to whether a particular image on the Website is a Supplier Image, it is the Level UP Travel LLC Employee’s obligation to verify with its Level UP Travel LLC marketing contact.

PLEASE BE ADVISED THAT WE HAVE NOT SELECTED OR RECOMMENDED THE SUPPLIER IMAGES, WE MAKE NO WARRANTIES AS TO THEIR OWNERSHIP, AND WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY TO INVESTIGATE OR VERIFY THE OWNERSHIP OR USE RIGHTS APPLICABLE TO THE SUPPLIER IMAGES OR ANY OTHER IMAGES, GRAPHICS, ILLUSTRATIONS, OR PHOTOGRAPHS ON THE WEBSITE. You expressly waive and agree to indemnify, defend, and hold Level UP Travel LLC harmless from any claims, damages, liabilities, costs, charges, or expenses arising out of or relating to your use, reproduction, or distribution of the Supplier Images or any other images, graphics, illustrations, or photographs on the Website (including without limitation, any claims of infringement of a third party’s proprietary rights).

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Level UP Travel LLC. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARKS

The Level UP Travel LLC name, terms, trademarks and logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Level UP Travel LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Level UP Travel LLC. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use below.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Level UP Travel LLC, a Level UP Travel LLC employee, a Level UP Travel LLC Employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

USER CONTRIBUTIONS

The Website may contain or feature message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, functions for saving and sharing travel ideas, functions for interacting with ratings and reviews, surveys, sweepstakes, contests, promotions, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, notwithstanding whether your account is thereafter deleted or becomes inactive.

You represent and warrant that:

You own, control, or otherwise have sufficient rights in and to the User Contributions to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Level UP Travel LLC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion. However, we have no obligation to review User Contributions either before or after posting, and cannot guarantee removal or correction of material that violates these Terms of Use. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for our performance or nonperformance of the activities described in this section.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Level UP Travel LLC.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS LEVEL UP TRAVEL LLC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LEVEL UP TRAVEL LLC AND/OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER LEVEL UP TRAVEL LLC/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other protected class.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and/or our.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, except for the Permitted Uses by Level UP Travel LLC Employees and/or other users.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, timeliness, or usefulness of this information, including, without limitation, information concerning and/or describing any hotel, air, cruise, tour, car, or other travel products and services displayed on this Website, such as pricing, availability, amenities, general

product descriptions, and photographs. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, creators, Level UP Travel LLC Employees, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Level UP Travel LLC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Level UP Travel LLC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

CHANGES TO THE WEBSITE

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this Website is subject to our Privacy Policy located at https://www.levelup-dmc.com. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

SUPPLIER RULES AND RESTRICTIONS

Level UP Travel LLC does not provide, own, or control any of the travel services and products that may be featured on the Website or provided as part of your trip, such as, but not limited to, flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled, or made available by third parties (the “Travel Providers”) either directly (e.g., airline) or as an agent. The Travel Providers are responsible for the Travel Products. The Travel Provider’s terms and privacy policies apply to your booking so you must agree to and understand those terms. Furthermore, the terms of all actual Travel Providers (airline, hotel, tour operator, etc.) apply to your travel, so you must also agree to and understand those terms.

ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

YOU ARE RESPONSIBLE FOR PAYMENT IN CONNECTION WITH ALL TRAVEL PRODUCTS AND SERVICES PURCHASED, ARRANGED, AND/OR BOOKED BY YOU UTILIZING THE WEBSITE OR FOR YOU BY A LEVEL UP TRAVEL LLC EMPLOYEE ACCORDING TO THE TERMS OF SUCH PURCHASE(S), ARRANGEMENT(S), AND/OR BOOKING(S).

PAYMENT DISPUTES, CANCELLATIONS, AND/OR SERVICE ISSUES MUST BE REFERRED TO THE APPLICABLE LEVEL UP TRAVEL LLC EMPLOYEE AND/OR TRAVEL PROVIDER. ADDITIONAL TERMS AND CONDITIONS OF THE TRAVEL PROVIDER AND/OR LEVEL UP TRAVEL LLC EMPLOYEE MAY APPLY. PRICES AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT NOTICE. FOR INTERNATIONAL TRAVEL, DUE TO CURRENCY EXCHANGE RATE FLUCTUATIONS, THE AMOUNT QUOTED MAY BE DIFFERENT FROM THE AMOUNT CHARGED TO YOUR CREDIT CARD. YOUR STATEMENT MAY ALSO REFLECT CONVERSION FEES FROM YOUR BANK AND/OR CREDIT CARD COMPANY.

AS INDEPENDENT CONTRACTORS, LEVEL UP TRAVEL LLC DOES NOT OWN OR CONTROL THE LEVEL UP TRAVEL LLC EMPLOYEES, AND AS INDEPENDENT VENDORS, LEVEL UP TRAVEL LLC DOES NOT OWN OR CONTROL THE TRAVEL PROVIDERS, AND LEVEL UP TRAVEL LLC IS NOT RESPONSIBLE FOR THEIR ACTS OR OMISSIONS OR ANY INJURIES, DAMAGES, EXPENSES, OR LIABILITIES ARISING THEREFROM. LEVEL UP TRAVEL LLC IS NOT THE SELLER OR PROVIDER OF ANY TRAVEL PRODUCTS OR SERVICES RESERVED OR BOOKED THROUGH THE WEBSITE AND LEVEL UP TRAVEL LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF AVAILABILITY, SATISFACTION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

Only Level UP Travel LLC Employees and Travel Providers are permitted to link to our homepage in accordance with our branding and advertising guidelines.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content with which they are displayed, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS TO OTHER WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience and information only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to on this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in Dubai United Arab Emirates. Access to the Website may be restricted or prohibited in certain jurisdictions. If you access the Website from outside the United Arab Emirates, you do so on your own initiative and are responsible for compliance with the applicable laws in your jurisdiction.

GENERAL PROVISIONS FOR TRAVELERS UTILIZING THE WEBSITE TO BOOK OR ARRANGE TRAVEL

Passports, Visas, and Health Requirements
It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each travel destination. In some countries, entry may be subject to entry (reciprocity) fees and/or departure taxes/exit fees which will be collected at the airports upon entry/departure by local government authorities Please note that entry to any country may be refused even if the required information and travel documents are complete.

Health
Recommended inoculations for travel may change, and you should consult a doctor for current recommendations before departure. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

Review of Travel Documents
You must completely review all travel, itinerary, and other documents related to a trip upon receipt of them, whether from a Level UP Travel LLC Employee or a third party. Any errors, questions, or concerns should be communicated to the Level UP Travel LLC Employee or third party from whom you received such documents.

Insurance
It is recommended that you take out a comprehensive travel insurance policy to cover yourself and all participants of the trip before, during, and after the trip. Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Level UP Travel LLC cannot be held responsible for denied entry if you or one of your travel participants is unable to provide details to authorities of insurance or denial of entry for any reason. Level UP Travel LLC shall not be responsible for any costs incurred by you or any such participant of a trip before, during or after such trip as a consequence of inappropriate or insufficient travel insurance being purchased by you or such participant(s).

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LEVEL UP TRAVEL LLC NOR ANY PERSON ASSOCIATED WITH LEVEL UP TRAVEL LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER LEVEL UP TRAVEL LLC NOR ANYONE ASSOCIATED WITH LEVEL UP TRAVEL LLC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, LEVEL UP TRAVEL LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ASSUMPTION OF TRAVEL RISK; COVENANT NOT TO SUE

You understand and agree that travel may involve hazardous activities, some in remote areas of the world. Inherent hazards and risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other guests, Travel Provider employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any agents or employees of Travel Providers or their third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.

You understand that the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of any trip, you are willing to accept the risks and uncertainty involved as being an integral part of your adventure. You hereby accept and assume full responsibility for any and all risks of illness, injury or death and agree to and shall hold harmless and fully release Level UP Travel LLC from any and all claims associated with a trip, including any claims of third party negligence, and you hereby covenant not to sue Level UP Travel LLC for any such claims or join any lawsuit or action asserting such claims against Level UP Travel LLC.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Level UP Travel LLC, its affiliates, licensors, employees, 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 of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United Arab Emirates or the courts of Dubai. We retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION

At Level UP Travel LLC’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules United Arab Emirates.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by Level UP Travel LLC of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Level UP Travel LLC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Level UP Travel LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Notwithstanding the foregoing or anything to the contrary herein, with respect to users that represent a Travel Provider, or who are Level UP Travel LLC Employees, other written agreements between such persons and/or entities and Level UP Travel LLC may exist now or in the future. Those written agreements remain in full force and effect and these Terms of Use do not alter or amend those other written agreements. In the event of a conflict between these Terms of Use and the terms of any other written agreements with Level UP Travel LLC, Level UP Travel LLC is entitled to determine which terms control, in its reasonable discretion.

YOUR COMMENTS AND CONCERNS

This website is operated by Level UP Travel LLC, Lake Central Tower Office: 1008 Marasi Drive Business Bay PO Box: 191209 Dubai United Arab Emirates

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@levelup-dmc.com