ClimbingTechTips.com is a knowledge repository where professionals and community members offer technical advice, top-rated gear, interviews, multi-media, stories, destination information, and a virtual home for fresh-air adventure, as well as active dialogue amongst pedigreed experts, sponsored climbers, seasoned hobbyists, enthusiastic newcomers, and carefully selected product & service companies (collectively referred to as “ClimbingTechTips Services”) that are offered via the Site, other social media, mobile services and mobile applications.
The Site is open to anyone 13 years of age or older, but some of the ClimbingTechTips Services are only available to registered members (“Members”). You can visit the Site without registering and we will consider you a “User.”
When you become a Member, you agree to the following:
- You have provided true information when you registered to be a Member;
- You have given us a valid email address, and we may confirm upon registration, or at any time thereafter, via a confirming e-mail which may require a response to complete your registration or keep it active;
- You will notify us if something changes;
- You are 13 years of age or older;
- You are not breaking any laws when you use the ClimbingTechTips Services; and
- You will not violate these Terms as a Member.
If you become a Member, you are responsible for the Content and activities in your account, for protecting your Content with a secure password and not sharing your password with anyone. We recommend using a combination of numbers, symbols and lower and upper case letters to create a secure password.
ClimbingTechTips reserves the right to terminate your Membership at any time, without warning for any or no reason, with or without prior notice or explanation and without liability, and can even take legal action if needed.
For example, please note that it is our policy to terminate the accounts of Members who repeatedly infringe the intellectual property rights of others. We have a similar policy for Members who violate these Terms or commit illegal acts using the Site or ClimbingTechTips Services—although we may, in our discretion, instead deny, restrict or suspend access to all or any part of the Site or ClimbingTechTips Services or terminate a Member’s account when something similar occurs.
You may cease use of the ClimbingTechTips Services at any time. Even after you are no longer a Member, you will still be responsible for the promises you have made to us about your Content (defined below). You’ll be responsible for any damages that result from your breaking those promises as further outlined below.
- Types of Content Limits: At ClimbingTechTips, we strive to create a place where everyone feels welcome, so please be mindful of others. Broadly speaking, please do not upload Content you didn’t create, that violates somebody else’s rights, demeans another person, is offensive or harassing, seeks personal information or passwords, is a form of spam or that is illegal. We reserve the right to terminate your use for violation of these prohibitions or similar activities.
Content & Privacy
Your Responsibility. You alone are responsible for Your Content, and once published, it cannot generally be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by ClimbingTechTips. “Content” means text, images, photos, audio, video, location data, route information, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site.
Our Right to Use Your Content. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Site and Other Media the right to access Your Content in connection with their use of the Site. Finally, you irrevocably waive, and cause to be waived, against ClimbingTechTips and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
Ownership. As between you and ClimbingTechTips, you own Your Content. We own the ClimbingTechTips Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user reviews or ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content.
Advertising. ClimbingTechTips and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Other. User Content does not necessarily reflect the opinion of ClimbingTechTips. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you.
You agree not to, and will not assist, encourage, or enable others to use the Site to:
- Violate our Content Guidelines, for example, by writing a fake or defamatory Content, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except as expressly permitted by CLIMBINGTECHTIPS;
- Solicit personal information from minors, or submit or transmit pornography;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site; or
- Violate any applicable laws.
Limits on Use
It is a violation of these Terms to disrupt the Site or the way it functions, interfere with other Users’ enjoyment of the Site or ClimbingTechTips Services or use the Site to deceive, harass or solicit people. It is also a violation to scrape the Site, fusker files or otherwise make any use of data mining, robots or similar data gathering and extraction tools. It is up to ClimbingTechTips whether to terminate your use for violation of these prohibitions or similar activities.
Other Important Guidelines
You are solely responsible for your interactions with other Members or users of the Site. Nonetheless, we reserve the right, but are not obligated, to intervene for the benefit of the Site and ClimbingTechTips Services.
Our Site is hosted in the US. There may be more or fewer protections for you in your country than here. Software available in connection with the Site and services offered through the Site (the “Software”) is further subject to United States export controls. No Software may be downloaded from the ClimbingTechTips Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
These Terms are governed by, and interpreted in keeping with, the laws of the State of New York, regardless of any conflict of law provisions. You and ClimbingTechTips agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the ClimbingTechTips Services.
YOU AND CLIMBINGTECHTIPS HEREBY EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
As a Member of ClimbingTechTips, if you become aware of misuse of the ClimbingTechTips Services by any person, please email abuse@ClimbingTechTips.com and include a URL at which the material in question may be located. If such misuse includes suspected infringement of copyright or other intellectual property, please follow the ClimbingTechTips Copyright and IP Policy.
You use the Site at your own risk and the Site and services are provided “AS IS.”
We are not saying that the Site will meet any of your specific needs or that you will get any particular results if you use the Site. We are not responsible for the conduct of other Users’ conduct on- or off-line.
We encourage you to always keep backups of your Content. ClimbingTechTips is not responsible if any of your Content is deleted, or if any modification, suspension or discontinuation of the Site or services causes you to lose any Content—even if you’re a Paying Member.
While we make an effort to keep the Site up and running at all times, we are not responsible for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication, whether the result of our maintenance of the Site or any problems or technical malfunction of any network, servers, software or equipment, Internet traffic or any other failure of any nature.
We are not responsible for advertisements or applications or services that are posted on or through the Site, nor do we have any responsibility for the goods or services provided by our advertisers or via other websites or applications, including our print vendor.
You agree to indemnify, defend, and hold ClimbingTechTips, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, “ClimbingTechTips Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site or any information derived from the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. ClimbingTechTips reserves 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 with our defense of these claims. You agree not to settle any matter without the prior written consent of ClimbingTechTips. ClimbingTechTips will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Warranty and Damages Disclaimer
You could be seriously injured or die when climbing. ClimbingTechTips recommends you receive professional climbing instruction. Content provided by ClimbingTechTips may be inaccurate or outdated, and ClimbingTechTips makes no claims to the accuracy of any Content. ClimbingTechTips is not responsible for any loss or injury resulting from inaccurate data.
THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. CLIMBINGTECHTIPS MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE’S CONTENT. ACCORDINGLY, CLIMBINGTECHTIPS IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE ADVICE, VIDEOS, CONTENT, BUSINESS LISTINGS OR ADVERTISERS ON OUR SITE.
CLIMBINTECHTIPS ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE ADVICE, VIDEOS, AND CONTENT, AS WELL AS PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF CLIMBINGTECHTIPS ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, THE INFORMATION, ADVICE, VIDEOS, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
CLIMBINGTECHTIPS’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE USE OF THE SITE OR INFORMATION ON THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO CLIMBINGTECHTIPS IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
CLIMBINGTECHTIPS DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
Choice of Law and Venue
California law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and CLIMBINGTECHTIPS, without regard to conflict of law provisions, with Orange County, California having being the sole and exclusive venue for bringing such claim.
Agreement to Arbitrate
You and CLIMBINGTECHTIPS each agree that any and all disputes or claims that have arisen or may arise between you and CLIMBINGTECHTIPS, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND CLIMBINGTECHTIPS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CLIMBINGTECHTIPS AGREE OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR(S) MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PAYPAL USERS.
Release of CLIMBINGTECHTIPS
If you have a dispute with one or more other CLIMBINGTECHTIPS Users, you release CLIMBINGTECHTIPS (and our parent, our Affiliates, and our and their respective officers, managers, directors, members, shareholder, agents, joint ventures, employees and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise – e.g., California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You may terminate these Terms at any time by closing your account, discontinuing your use of the Site, and providing ClimbingTechTips with a notice of termination. All of your warranties and representations and indemnification obligations contained in these Terms shall survive termination.
We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any ClimbingTechTips. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
Any failure on ClimbingTechTips’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Questions? Please contact us at support@ClimbingTechTips.com.
Questions? Please contact us.