Terms of Service

Last Updated: April 2, 2013

The Clymb’s Terms of Service (“Terms of Service”) is a legal agreement between you and The Clymb (“we,” “us,” or “our”) that governs your membership and interaction on TheClymb.com and other The Clymb services (collectively, the “Site”) and your purchases and use of products and services made available through the Site. By using the Site, you signify that you have read, understand and agree to be bound by these Terms of Service. We have the right to change the Terms of Service at any time by posting a temporary notice of the changes in the footer of our Site, and the changes will be effective upon posting such notice to our Site. Your continued use of the Site shall be considered your acceptance to the revised Terms of Service.

You agree to our use of your personal information and content in accordance with our Privacy Policy, which is incorporated herein by reference. The Clymb’s Adventures Terms govern your interactions, activities and purchases through The Clymb Adventures and are incorporated herein by reference. We reserve the right to modify the Site at any time without prior notice, including without limitation, removing or making unavailable areas of the Site from time to time for maintenance.

The Clymb Membership.

The Clymb provides its users with access to sale events of goods, services and activities. To become a member of The Clymb, you are required to register for an account. You agree to provide accurate and current information about yourself in all registration, purchase and checkout forms used with the Site. You agree to keep your information current. The Site is intended solely for users who are 18 years of age or older and it is a violation of these Terms of Service for anyone under 18 to use the Site. Users may not have more than one active account. Users with more than one active account may be suspended or removed from the site and barred from reuse.

Additional Terms and Conditions.

Additional terms and conditions may apply to certain purchases. Such additional terms and conditions are in addition to these Terms of Service and you agree to abide by such additional terms and conditions.

Orders and Payment.

All orders placed through the Site are subject to our acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. This may occur when the booking is no longer available or has been mispriced, when we suspect fraud, and in other circumstances we deem necessary in our sole discretion. If your credit card has already been charged for an order that we later cancel not due to your violation of these Terms of Service, we will issue you a refund.

Sales Tax.

Sales tax will be added to orders when applicable. It will be displayed during checkout along with any other pricing information that may pertain to your order.

Product Availability.

We cannot guarantee that all items listed as “in stock” will ship right away, as inventory changes significantly from day-to-day. In rare cases, an item may be in stock when you place an order, but is sold out by the time we attempt to process the order. We will notify you if this happens and cancel the item from your order. Generally, items that are out-of-stock are no longer available.

Product Descriptions.

We attempt to provide accurate descriptions of the products and services available on our Site. However, we do not warrant that the descriptions are accurate, complete, reliable, current or error-free.

Pricing.

We do not guarantee that we offer the best available rates for the products and services available on the Site. While we try to provide accurate pricing information, we cannot insure against pricing errors or changes. Therefore, we reserve the right, in our sole discretion, to cancel or not process any order placed on the Site if the price was incorrectly provided as a result of an error. In such instances, we will notify you by email and correct the price on the Site.

Shipping and Returns.

For information on shipping, tax and return policies, review our Shipping Policy and Returns Policy, which may change from time to time.

Earning Credits.

Tell all the friends you can. For each one that signs up as a member and makes a purchase of $25 or more, we'll credit your account $10 in Clymb credit after their first order ships.

Referral credits will only be issued when you invite new members to join The Clymb (excludes returning or existing members). Each new member you refer must make a first purchase of $25 or more in order for you to earn the $10 credit. The $25 purchase made by the invited friend must include merchandise or adventures only. The $10 purchase does not include gift certificates or shipping and handling charges.

There is no limit to the number of referral credits you can earn and referral credits will accrue with every eligible friend you refer. You can track your referral credits by visiting the 'Invite History' page in your account.

This offer is limited to one referral and email address per friend. Friends who register using multiple accounts or email addresses will be subject to an expiration of any referral credit associated with fraudulent email addresses.

You may not spam or send unsolicited emails to persons you don't personally know to collect referrals. Likewise, you may not solicit referrals through paid search, push ads, unsolicited text messages and similar online and mobile activities. The Clymb has the right in its sole discretion to deny, cancel or suspend any and all referral credits, and set off against your credit account already spent credits accruing to you from your use of any of these prohibited referral solicitation activities.

Spending Referral Credits.

Referral credits may only be spent on merchandise and cannot be used towards any shipping, handling, or other applicable transaction costs on the site.

You may not use referral credits to buy Gift Certificates.

Referral credits may be used in conjunction with other credit issued to your account but may not be used with promotional codes or other offers.

Referral credits are automatically applied to your purchases at checkout.

Referral credits have no cash value by themselves; they can only be used with purchase of items on theclymb.com.

Referral credits expire one year after date of issue (but we doubt you'll be able to sit on them for that long!)

Safeguard Your Username/Password

You are responsible for any actions that take place while using your account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Site. We are not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

Content Submitted

With respect to any content you submit or make available to The Clymb or on the Site, including but not limited to your biography, comments, endorsements, testimonials, pictures, videos and other content, you grant, and warrant that you have the right to grant, to The Clymb a perpetual, irrevocable, worldwide, royalty-free, transferable, non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense such content, in whole or in part, in any media, now or hereafter known or developed for all purposes, without any additional consideration due to you. Such content is not confidential or proprietary. You represent and warrant that any content you provide does not include anything to which you do not have the full right to grant such a license to us. We take no responsibility and assume no liability for your content, including without limitation, any loss or damage to your content. You grant us the right to collect, use and share your content in accordance with these Terms of Service and our Privacy Policy . You retain all other rights in your content not granted in these Terms of Service.

Content Rules.

You are solely responsible for your user content and your activity on the Site. Do not submit content that (i) is illegal or promotes illegal activity, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, malicious, false, harassing, threatening, insulting, obscene, unsuitable for minors, invasive of privacy or safety or is otherwise objectionable in our sole discretion, (ii) violates or infringes anyone’s intellectual property rights, including copyrights, trademarks, patents and trade secrets, (iii) violates or infringes anyone’s privacy or publicity rights, such as posting images of someone without their permission, (iv) involves the transmission of “junk mail”, unsolicited mass mailings or “spam”, or (v) falsely implies that we sponsor, endorse or are otherwise affiliated with you or your User Content.

User Content is Not Prescreened

We do not prescreen content posted by users and cannot guarantee the Site will be free from content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no liability relating to any user content or activities of users on the Site. Even in the event we choose to monitor any user content, we assume no responsibility for, or any obligation to monitor or remove, such user content.

Restricted Use.

You may use the Site only to the extent that you abide by these Terms of Service and all laws applicable to your use of the Site. We have the right to not process a transaction if we believe it violates any agreement, or exposes you, other users, our partners or us to harm, such as fraud or criminal acts. If we suspect, in our sole discretion, that your account has been used for an unauthorized, illegal or criminal purpose, you agree that we have the right to share your information, your account and your transactions with law enforcement. You may only use the Site in the United States and may not directly or indirectly export our services. The Site may be subject to export restrictions imposed by law. You shall not use the Site for any purpose competitive to The Clymb.

Mobile Use.

The Site may be available with mobile use. Not all carriers and devices are supported. Your use of the Site may be subject to the terms and conditions of your agreements with your mobile device manufacturer and your carrier.

License.

So long as you comply with the these Terms of Service, The Clymb grants you a limited, worldwide, nonexclusive, nontransferable, revocable, personal license to access and use the Site for your personal use solely to make purchases and interact with the Site in accordance with these Terms of Service. We may modify or discontinue offering any or all of our services at any time, for any or no reason, without notice to you and without any liability.

License Restrictions.

You agree to use the Site in a manner consistent with all laws and regulations and in accordance with these Terms of Service. You represent and warrant that your content you post and your activities on the Site do not and will not violate these Terms of Service or the rights of any third party, including infringing or misappropriating any third parties’ intellectual property and publicity rights. Except as expressly and unambiguously permitted in these Terms of Service, you may not, nor may you permit anyone else to, directly or indirectly: (i) use any manual process or robot, spider, scraper, or other automated means to collect information from users of the Site, (ii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from the Site; (iii) transfer any rights granted to you under these Terms of Service; (iv) violate the restrictions in any robot exclusion headers on the Site, work around, bypass, or circumvent any of the technical limitations of the Site, use any tool to enable features or functionalities that are otherwise disabled in the Site, or decompile, disassemble or otherwise reverse engineer the Site, (v) perform or attempt to perform any actions that would interfere with the proper working of the Site, prevent access to or use of the Site by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; (vi) change or delete any ownership notices from the Site, (vii) take any action or use the Site in a way that violates law, would create liability or promote illegal activities, (viii) impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account, or (ix) otherwise use the Site except as expressly allowed under this section.

Ownership.

The Site is protected by U.S. copyright laws, trade secrets, international treaty provisions and other intellectual property laws. The Clymb owns all right, title and interest in and to the Site (including any copies, updates or upgrades and all derivative works thereof), The Clymb’s trademarks and services marks and all intellectual property and other proprietary rights therein. You may not remove or obscure any identifying notices that we have placed on the Site, including without limitation, any copyright or proprietary notices. The Clymb reserves all rights not expressly granted to you in these Terms of Service.

Submissions.

In the event that you submit or post any creative suggestions, proposals, or ideas about the Site or other products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary and will become our sole property without any compensation or credit to you.

Copyright.

If you are a copyright owner and you believe that your work has been copied and used on the Site in a way that constitutes copyright infringement, please contact our copyright compliance officer and provide the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the location of the alleged infringement on the Site; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner. Contact our copyright compliance officer at: privacy@theclymb.com. Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.

Representations and Warranties.

You represent and warrant that: (i) you are 18 years of age or older; (ii) you have provided accurate and current information about yourself in all forms used in conjunction with the Site; (iii) you are eligible to use the Site and have the right and power to enter into these Terms of Service; (v) you and will comply with all federal, state and local laws, including without limitation applicable tax laws; (vi) you will not use the Site, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the operation of the Site; and (vii) you and your use of the Site will be in compliance with these Terms of Service.

Warranty Disclaimer.

The Site is provided “AS IS,” “AS AVAILABLE,” and without warranties of any kind. You use the Site at your own sole risk. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to, implied warranties of title, quality, performance, merchantability, suitability, fitness for a particular purpose, accuracy, title and non-infringement related to or arising out of the Site, any content on the Site, or any products or services purchased or made available on the Site, as well as warranties implied from a course of dealing or course of performance. Without limiting the foregoing, we do not warrant that (i) the Site or other products and services will meet your specific requirements or desired results, (ii) the Site will be uninterrupted, error-free, timely or secure, that any defects will be corrected, or that the Site is free of viruses or anything else harmful, (iii) the results obtained from the use of the Site will be accurate or reliable or (iv) that the Site will be available at any particular time or location or at all. To the fullest extent permitted by law, we do not make any warranties or representations regarding the use of the Site or items placed for display or sale in terms of their correctness, accuracy, adequacy, timeliness, reliability, completeness or otherwise. You understand and agree that you will be solely responsible for your use and any damage to your device in which you access the Site, loss of data or other harm of any kind that may result. We reserve the right to change any and all of the Site and other items used or contained in the Site at any time without notice. No advice or information, whether oral or written, obtained by you from The Clymb or through the Site will create any warranty not expressly stated herein.

Limitation of Liability and Damages.

The providers whose products and services are available on the Site are independent contractors and not agents or employees of The Clymb. The Clymb is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such provider or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. You agree that you assume full responsibility for your use of the Site and the purchase and use of products and services available through the Site. To the maximum extent permitted by applicable law, The Clymb, its affiliates, officers, directors, employees, agents, services providers and licensors shall not be liable to you or anyone for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, goodwill, use, data or other intangible losses (regardless of whether we have been advised of the possibility of such damages), however caused, whether based on upon contract, negligence, strict liability in tort, warranty or any other legal theory, arising out of or related to (i) the use or the inability to use the Site or any errors, omissions or inaccuracies in any content in the Site; (ii) the Site or the conduct of other Site users or third parties; (ii) the performance of the products and services purchased through the Site; (iii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services obtained, messages received or transactions entered into through or from the Site; (iv) unauthorized access to or alteration of your data, content or personal information; (vi) termination or downgrading of your account,(vii) any bugs viruses, trojan horses, or the like that may be transmitted to or through the Site by any third party; (viii) user content or defamatory, offensive, or illegal conduct of any third party, (ix) the services, activities, events and adventure travel made available through the Site, (x) any action we take or fail to take, (xi) any damages or injury arising from any use of products and services made available through the Site, or (xii) any other matter relating to the Site or any products or services made available through the Site.

Our maximum cumulative liability and your exclusive remedy for any claim arising out of or relating to these Terms of Service and/or use of the Site is to stop using the Site. If we are found to be liable to you for any damage or loss which is in any way connected with your use of the Site, our liability shall never exceed the amounts paid by you to us in connection with the Site. Applicable law may not allow certain limitations or exclusions of liability, so some of the above limitations may not apply to you.

Indemnity.

You agree to indemnify, defend and hold harmless The Clymb, its affiliates, officers, directors, employees, agents, services providers and licensors from and against all losses, liabilities, costs (including without limitation attorneys’ fees and costs on appeal or at trial), damages, judgments, claims, of every kind and nature, to the fullest extent permitted by law, arising from or relating in any way to (i) your use of the Site, (ii) the products and services purchased through the Site, (iii) any liabilities, claims, damages and injuries arising from or related to any act or omission of a provider whose products and services are available on the Site or another third party, (iv) your conduct in connection with the Site, or (v) your violation of these Terms of Service, any law or the rights of any third party.

Third Party Links and Service Offers.

The Site may contain links to websites, applications or other products or services operated by other companies and offers provided by third parties (“Third Party Sites”). We do not endorse, monitor or have any control over these Third Party Sites, which are governed by separate terms and privacy policies. We are not responsible for the content or policies of Third Party Sites and you access such Third Party Sites at your own risk. We expressly disclaim any liability for these Third Party Sites.

Electronic Communications.

By using the Site, you agree to receive certain electronic communications from us, whether on our website, through the Site or by email. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails and other communications between you and The Clymb may be recorded.

User Interactions

You are responsible for your interactions with other people, whether through the Site or in person. We are not responsible or liable for any loss or damage resulting from any interaction with other Site users, persons you meet through the Site, or persons who find you because of information posted on, by or through the Site. You agree to take reasonable precautions in all interactions with other users on the Site, whether online or offline, and conduct any necessary investigation before meeting another person.

International Users.

We control and operate the Site from our offices in the United States. We do not represent that the Site (or any content) are applicable, appropriate or available for use in locations outside the United States. If you choose to access or use the Site from locations outside of the United States, you do so at your own initiative and risk and you are responsible for compliance with all applicable United States and local laws and regulations. Unless otherwise stated, the Site is solely directed to individuals, companies, or other entities located in the United States.

Termination.

You may terminate these Terms of Service by closing your account at any time. We reserve the right in our sole discretion to (i) terminate your account, (ii) delete your profile and any of your content, (iii) restrict your use of all or any part of the Site, and (iv) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from certain IP addresses or device numbers and prevent access to the Site. These Terms of Service shall remain in effect even after your account is terminated and termination does not relieve you of any obligations to pay any fees or costs accrued prior to termination and any other amounts owed by you to us. Upon termination, the license provided in these Terms of Service to you shall automatically end and we reserve the right to delete all of your information and data stored on our servers.

Miscellaneous.

  1. Survival.

    The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Service, including without limitation, Content Submitted, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages and Miscellaneous.

  2. Assignment.

    You may not assign these Terms of Service or any rights and licenses in these Terms of Service. These Terms of Service may be assigned by The Clymb without restriction.

  3. Jurisdiction.

    You agree that the Site shall be deemed a website solely based in Oregon, USA, which does not give rise to personal jurisdiction over us in jurisdictions other than Oregon.

  4. Disputes.

    You agree that the Site, Terms of Service, Privacy Policy, Adventures Terms, and any dispute between you and us shall be governed in all respects by Oregon law, without regard to conflict of law provisions that would result in the application of any law other than the law of Oregon, and not by the United Nations Convention on the International Sale of Goods. You agree that the Site, Terms of Service, Privacy Policy, Adventures Terms, and any dispute between you and us shall not be subject to Oregon Revised Statutes Chapter 72, “Sales” (“Chapter 72”). Only the sale of goods shall be subject to Chapter 72 and only to the extent that the Terms of Service, Privacy Policy, Adventures Terms, or a goods/services provider’s additional sales terms do not supersede Chapter 72. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Site (including but not limited to the purchase of products and services) shall be resolved individually, without resort to any form of class action, and exclusively in Multnomah County, Oregon (including the state and federal courts located in Multnomah County, Oregon). You consent to waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the state and federal courts of Multnomah County, Oregon. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between The Clymb, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law and in the state and federal courts located in Multnomah County.

  5. Limitations on Claims.

    Any cause of action or claim you may have with respect to The Clymb or the Site (including without limitation the purchase of products and services) must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.

  6. No Waiver.

    Our failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms of Service.

  7. Severability.

    If any provision in these Terms of Service is invalid or unenforceable, the remaining provisions of these Terms of Service shall continue to be valid and enforceable.

  8. Entire Agreement.

    These Terms of Service, Privacy Policy, and Adventures Terms (if applicable) constitute the entire agreement between you and us and govern your use of the Site. These Terms of Service supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of these Terms of Service.


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