“Personal Identifiable Information” (PII) as used in this policy, is information that specifically identifies an individual, such as an individual’s name, social security number, telephone number, or e-mail address. Personal information also includes information about an individual’s activities, such as information about his or her activity on the Site or credit history, and demographic information, such as date of birth, gender, address, geographic area, and preferences, when any of this information is linked to personal information that identifies that individual.
We reserve the right, at our sole discretion, to change or modify the Websites or this Agreement(or any portion thereof) at any time. Such changes and modifications become effective immediately upon posting on the Websites. You agree to review this Agreement for any such changes upon your use of the Websites and that your continued use of the Websites or Services constitutes your acceptance of such changes and modifications. The Websites are intended for individuals who are at least 18 years of age and are accessing the internet from a physical location within the United States of America. By using or accessing the Websites, you acknowledge that you are 18 years of age or older and are accessing the internet from a physical location within the United States of America.
Our Consent Agreement for Electronic Disclosures and Communications, hereby incorporated by reference into this Agreement, explains your agreement to receive all current and future notices, disclosures, communications and information, and to do business electronically with us.Your continued use of this site is evidence of your acceptance and agreement to be bound by this Agreement.
All text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces and computer code, including but not limited to the design, coordination, “look and feel” and arrangement of elements contained on the websites (collectively “content”) is owned or licensed by or to us. The content is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the websites or content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted or distributed in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Climb Technologies prior written permission. Nothing on the websites should be construed as granting any license or right to use any content.
The websites, content and services are provided for use “as is” without warranty of any kind. Climb technologies does not warrant that the websites, content or services will be accurate, error-free or uninterrupted. Climb technologies does not warrant that the websites, content or services will provide specific results.
To the maximum extent not prohibited by law:
Under no circumstances will Climb Technologies be liable for any damages whatsoever arising out of your reliance on or use of thewebsites, content, services or other items located on the websites.
Climb technologies disclaims all warranties of any kind, whether statutory, express or implied, including, without limitation, impliedwarranties of merchantability and fitness for a particular purpose.
Additionally, the inclusion or offering of any products or services on the websites does not constitute any endorsement or recommendation of such products or services by us. All such information, products and services are provided “as is” without warranty of any kind.
You agree to indemnify, defend and hold harmless Climb Technologies and its officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, subsidiaries and affiliates (“Climb Technologies Parties”), from and against any and all claims, losses, liabilities, expenses (including attorneys’ fees and costs) and damages arising out of or relating to your use of the Websites or Services, your violation of any third-party right or law, or your violation or alleged violation of this Agreement. You must not settle any such claim or matter without the prior written consent of Climb Technologies. The Climb Technologies Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
Climb Technologies’s liability, if any, shall be limited to direct and foreseeable damages, which shall not exceed the amount provided below. Under no circumstances shall Climb Technologies be liable for indirect, incidental, consequential, special, statutory, punitive or exemplary damages such as, but not limited to, loss of revenue or anticipated profits or lost business, loss of or damage to data, or emotional distress notwithstanding any other provision of this agreement, in no event shall Climb Technologies’s total liability exceed u.S. $100.00. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to any claims related to this agreement or to the services.
The Websites may contain links to websites maintained by third parties. Such links are providedfor your convenience and reference only. We do not operate or control in any respect any information, software, products or services available on non-affiliated third-party websites. Our inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. Your use of any such third-party websites may be subject to other terms and conditions imposed by the third parties maintaining those websites. When you leave the Websites, you agree that We are not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third-party technologies or programs available through that website.
You agree that Climb Technologies is not responsible for any errors or delays in responding to arequest or referral form caused by, including but not limited to, an incorrect email address or other information provided by you or other technical problems beyond our reasonable control.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
You also agree that any dispute or cause of action arising out of or related to the Websites, Services or Content must be commenced within one year from the later of (1) when the dispute or cause of action accrues or, (2) through the exercise of reasonable diligence you should have known about the accrual of the cause of action. Otherwise, such cause of action is permanently barred.
You acknowledge and agree that, in entering into this Agreement, you are not relying on any representation, warranty, statement or promise, express or implied, not explicitly set forth in this Agreement, and you hereby waive any claimed reliance on same. If any provision of this Agreement shall be found to be invalid or unenforceable, you agree such provision shall, to the maximum extent feasible, be modified by to render it enforceable with respect to the Dispute at issue and to reflect to the maximum extent possible the intent of the existing language of the provision when considered in the context of this Agreement as a whole, that such modified provision shall be enforced with respect to the underlying claims in the Dispute at issue, and that such a finding of invalidity or unenforceability shall not affect the validity or enforceability of this Agreement as a whole or of any other provision of this Agreement.