Clymb+ Terms of Service
Last updated February 11, 2021
We look forward to serving you as a Clymb+ member. If you have any questions, please ask our Clymb+ member services team by contacting us at email@example.com.
Welcome to TheClymb+ Terms of Service ("Terms"). These Terms may change from time to time without notice. These Terms are between you and The Clymb, a California corporation ('The Clymb', 'us,' 'we,' or 'Site') and govern our respective rights and obligations. Please note that your use of the TheClymb.com website and Clymb+ membership are also governed by the agreements listed and linked to below, as well as all other applicable terms, conditions, limitations, and requirements on the TheClymb.com website, all of which (as changed over time) are incorporated into these Terms. If you sign up for a Clymb+ membership, you accept these terms, conditions, limitations and requirements.
- Membership is available to all qualifying individuals 18 years of age and over.
- TheClymb reserves the right to refuse membership to any applicant and membership may be terminated at TheClymb's discretion and without cause.
- Membership is subject to any and all rules adopted by TheClymb including our privacy policies and practices, and they may be amended from time to time without notice.
- Membership and benefits are non-transferable
Fees and Renewal
The membership fee for Clymb+ is stated on the Clymb Plus page. From time to time, we may offer different membership terms, and the fees for such membership may vary. The Clymb+ membership fee is non-refundable except as expressly set forth in these Terms. Taxes may apply on the membership fee or other products and services offered through Clymb+.
If you sign up for your Clymb+ membership through us and are billed by us, then the billing terms described below will apply to your membership.
If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method promptly or your membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR CLYMB+ MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
You may cancel your Clymb+ membership any time by visiting My Account and adjusting your membership settings. If you cancel within 3 business days of signing up for or converting from a free trial to a paid membership, we will refund your full membership fee; provided that we may charge you (or withhold from your refund) the value of Clymb+ benefits used by you and your account during this 3-business day period. If you cancel at any other time, we will refund your full membership fee only if you and your account did not make any eligible purchases or take advantage of Clymb+ benefits since your latest Clymb+ membership charge.
Benefits and Eligible Purchases
Clymb+ benefits depend upon inventory availability, manufacturer restrictions, order deadlines, and in some cases the shipping address. They are limited to certain products or services sold by TheClymb and to certain products or services sold by third-parties that offer Clymb+ benefits. Products not eligible for additional discounts or Clymb+ benefits will be designated as such on their product pages. Some special product, order, handling fees, and/or taxes may still apply to eligible purchases. If only some items in your order are eligible for Clymb+, you will pay the applicable price for the ineligible items. Changing or combining orders, or changing your shipping address, speed, or preferences might affect Clymb+ eligibility.
Certain purchases may not be eligible for Clymb+ return shipping benefits because of their size, weight, manufacturer restrictions, and other shipping characteristics. Some items are not returnable and will be marked as such on their product page.
We may exclude products or services from Clymb+ benefits at our discretion.
The $100 annual travel discount benefit is available to you once per year on eligible Clymb Adventures priced at $750 or greater. The discount is only available on trips purchased through TheClymb.com. The benefit expires if you do not use it within 1 year. The benefit will automatically renew on the date of your annual Clymb+ membership renewal.
The 5% Annual Reward is based on eligible merchandise purchases only and excludes travel, gift cards, shipping and handling costs, and taxes. You will be credited in the form of a TheClymb.com store credit for 5% of the merchandise value of orders placed and shipped to you, less any returns. The store credit will be applied to your TheClymb.com account on the anniversary of your membership renewal. You must retain and renew your Clymb+ membership on your Clymb+ membership renewal date to claim this benefit. If you cancel your Clymb+ membership or fail to renew your Clymb+ membership, the 5% credit will not be applied to your account and you will lose this benefit in its entirety. Store credits are not applicable to be used to purchase TheClymb.com gift cards.
- We reserve the right to accept or refuse membership in our discretion.
- We may send you email, text message, and other communications related to Clymb+ and your Clymb+ membership (regardless of any settings or preferences related to your TheClymb account).
- You may not transfer or assign your Clymb+ membership or any Clymb+ benefits, including promotion codes for Clymb+ memberships or benefits, except as allowed in these terms.
- Clymb+ members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using Clymb+ benefits.
- Some Clymb+ benefits may require certain purchase thresholds, have quantity or shipping address limitations, or require members to meet specified criteria in order to access them.
- From time to time, TheClymb may choose in its sole discretion to add or remove Clymb+ membership benefits or change the membership fee amount.
We sometimes offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial members may at any time (through My Account) choose not to continue to paid membership at the end of the trial period.
We may in our discretion change these Terms, TheClymb.com's Terms of Service and Privacy Notice, or any aspect of Clymb+ membership, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
Termination by Us
We may terminate your Clymb+ membership at our discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Clymb+ membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THECLYMB.COM'S TERMS OF SERVICE, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR CLYMB+ MEMBERSHIP.
CHOICE OF LAW, ARBITRATION AND VENUE
This Agreement and any claim or controversy relating to or arising from the use of the Site or Services, including, but not limited to, any transactions made or entered into at the Site or Services, any information, content, products, services or promotions herein contained or provided from the Site or Services, or any functionality, software or programming contained or provided at or from the Site or Services (hereafter, "Claims"), shall be governed by the laws of the State of California without regard to principles of conflicts of law and, as applicable, the laws of the United States of America.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES, OR THE CAUSE OF ACTION OR CLAIM SHALL BE FOREVER BARRED.
YOU AGREE TO ARBITRATE ANY AND ALL CLAIMS, INCLUDING ALL STATUTORY CLAIMS, AND ANY STATE OR FEDERAL CLAIMS. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in Orange County, California. For more information on JAMS and/or the rules of JAMS, visit http://www.jamsadr.com. All Claims shall be brought solely in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR AND, TO THE EXTENT PERMITTED BY LAW, EACH PARTY HEREBY WAIVES (A) ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, ENHANCED, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND (B) ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, shall be conducted in the Superior Court of the State of California, in and for the County of San Luis Obispo or, where applicable, the federal District Court sitting in the County of Los Angeles, State of California. Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal court located in Los Angeles County or state court located in San Luis Obispo County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
BY USING THE SITE OR SERVICES IN ANY MANNER, YOU AGREE TO THE TERMS OF THE ABOVE ARBITRATION AGREEMENT. IN DOING SO, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND US. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.