Terms Of Service
Last update November 7, 2022
Agreements to Terms
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and [Climbers Point] (“we,” “us” or “our”), concerning your access to and use of the [climberspoint.com] website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
These Terms of Service contain a binding arbitration clause and class action waiver that impact your rights about how to resolve disputes. Please read it carefully.
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Site and you must discontinue use immediately.
In addition, when using particular services or materials on this Website, Users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
Changes to this Agreement
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.
Conditions of Use
By using the Site, you represent and warrant that:
- You have the legal capacity and you agree to comply with these Terms of Service
- You are not under the age of 13
- You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise
- You will not use the Site for any illegal or unauthorized purpose
- Your use of the Site will not violate any applicable law or regulation
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not access or use the Site for any other purpose other than that for which we make it available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Prohibited activity includes, but is not limited to:
A. Attempting to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site
B. Attempting to impersonate another user or person or using the username of another user
C. Criminal or tortious activity
D. Deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or in any way making up a part of the Site
E. Engaging in any automated use of the system, such as using any data mining, robots, or similar data gathering and extraction tools
F. Deleting the copyright or other proprietary rights notice from any Site content
G. Except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Site, or using or launching any unauthorized script or other software
H. Harassing, annoying, intimidating or threatening any Site employees or agents engaged in providing any portion of the Site Services to you
I. Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site
J. Making any unauthorized use of the Site Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
By posting information in or otherwise using any communications service, or other interactive services that may be available to you on or through the Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party
- Impersonates any person or entity, including any of our employees or representatives
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Disputes: Informal Negotiations (PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.)
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Disputes: Arbitration Agreement (PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.)
If you and Company are unable to resolve a Dispute through informal negotiations, either you or Company may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Disputes: Arbitration Time For Filing (PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.)
Any arbitration must be commenced by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
Content and Copywrite
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
Visitors may upload and post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, or injurious in any other way to third parties. Content has to be free of software viruses, political campaigns, and commercial solicitation.
We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant the Site non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.
Content published on the Site (digital downloads, images, texts, graphics, logos) is the property of the Site and/or its content creators and protected by international copyright laws. The entire compilation of the content found on the Site is the exclusive property of the Site, with copyright authorship for this compilation by the Site.
You may not upload any images that violate any copyright, trademark, or personal image rights.
Also, you may not upload images that contain nudity, pornography, and other sexually explicit content.
The Site Does Not Provide Medical Advice
The information, including but not limited to text, graphics, images, and other material contained on this Site is for informational purposes only. No material on this Site is intended to be a substitute for professional medical advice, diagnosis or treatment.
Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
You must be at least 13 years old to register for and use the Site (or such greater age required in your country or territory for you to be authorized to register for and use the Site without parental approval). In addition to being of the minimum required age to use the Site under applicable law, if you are not old enough to have authority to agree to our Terms of Service in your country or territory, your parent or guardian must agree to our Terms of Service on your behalf. Please ask your parent or guardian to read these Terms of Service with you.
If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
The Site or its suppliers will not be held accountable for any damages that will arise with the use or inability to use the materials on the Site, even if the Site or an authorized representative of the Site has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.
If you are an owner of an account on the Site, you are solely responsible for maintaining the confidentiality of your private user details (email, password, and additional account details). You are responsible for all activities that occur under your account or password.
We reserve all rights to terminate accounts, edit or remove content in their sole discretion.
Termination and Modification
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with the Site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Third-party Websites and Content
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
As an Amazon Associate, we may earn commissions from qualifying purchases from Amazon.com when you buy through links on the Site.
We reserve the right, but not the obligation, to:
- Monitor the Site for violations of these Terms of Service
- Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities
- In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof
- In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
- Otherwise, manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site
Modification of the Site
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the Site; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
All the materials on the Site are provided "as is". The Site makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, the Site does not make any representations concerning the accuracy or reliability of the use of the materials on the Site or otherwise relating to such materials or any sites linked to the Site.
Content available through the Site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Site spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Site for further information, which policies are incorporated by reference into these Terms of Service.