Updated July 30, 2020
These Terms thus govern your access to and use of our Site and App, applying to all aspects of your experience with the Site and App and your use of its features, curriculum and community supports – including email notifications, applications, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services, as defined below, (collectively referred to as “Content”). This also includes all commentary added or included on the Site and App by you and by third parties. Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms and you may not use the Services if you do not agree to these Terms.
Please review this Agreement periodically for changes to ensure you are aware of the latest version of the Terms, as any revised Terms shall supersede all previous Terms. If you do not agree to any of the current Agreement or any changes to this Agreement, do not use, access or continue to access the Site/App or discontinue any use of the Site/App immediately.
Violation of any of the terms below may result in the termination of your subscription and rights to use the Site and App at our sole discretion. While Climb and Impact Collective prohibit certain conduct and Content associated with the Site and App, you understand and agree that Climb cannot be responsible for all individual commentary users may post on the Site or App and you nonetheless may be exposed to such prohibited materials. You agree to use the Site and App at your own risk.
4.1 To sign up for the Site or download the App for adults, you must be a natural person 18 years of age or older. To sign up for the Site or download the App for teens, you must be a natural person 13 years of age or older. Users under the age of 13 are not permitted. Accounts registered by “bots” or other automated methods are not permitted.
4.2 To use the Climb Site or Climb App and its Services, users will need to register and obtain an Account and create a password. When users register, the information provided during the registration process will help Climb in offering Content, customer service, network management and other Services.
4.3 Climb users represent and warrant that Account information will be accurate at all times.
4.4 Climb users are solely responsible for maintaining the confidentiality of their account, username, and password (collectively, "Account") and for all activities associated with or occurring under the Account. You agree that you shall take all steps necessary to protect your login details (username and password) for the Service and keep them secret. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. Climb cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
4.5 Although your account is completely private and anonymous, for credit card processing purposes (for the adult Site or App), you must provide your legal full name, and any other information requested by Climb in order to complete the payment process.
4.6 Users must notify Us (a) immediately of any unauthorized use of their Account and any other breach of security, and (b) to ensure proper termination of your Account or of an add-on feature within your account such as coaching or groups.. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Climb users’ failure to comply with the foregoing requirements or as a result of use of their Account, either with or without a user’s knowledge, prior to a Climb user notifying Us of unauthorized access to an Account.
4.7 Climb users may not transfer an Account to any other person. Users may not use anyone else's Account at any time without the permission of the Account holder. In other words, your login may only be used by one person. A single login shared by multiple people is not permitted.
4.7.1 You are responsible for all Content posted and activity that occurs in connection with your use of the Site or App.
4.7.2 You may not use the Site or App for any illegal or unauthorized purpose. You must not, in the use of the Site or App, violate any laws in your jurisdiction (including but not limited to copyright laws).
5.1 For adult users, a valid credit card is required for obtaining a Climb account. (Teen users between ages 13-17 can apply for a free scholarship to be applied towards the cost of a Climb account (with no credit card information needed). Your subscription will show up as “Impact Collective Services” on your bank or credit card statement.
5.2 Climb offers several options for tuition or payment to the Site as a whole."
5.2.1 Monthly Subscription: Billing at the price indicated on the signup page will occur on the same day of initial signup each month.
5.2.2 Annual Subscription: A discount from the monthly subscription happens when someone signs up for a year (at the price indicated on the signup page). After the annual subscription ends, the user will be given an option of whether to proceed with additional subscription or not.
5.2.3 Lifetime Subscription: The full amount at the price indicated on the signup page will be paid upon signup.
5.3 At the end of the first two subscription periods, payment can either automatically or manually renew. If you would prefer to not continue, it is your responsibility to cancel your account by emailing email@example.com and providing your username and email address associated with your Climb account.
5.4 All Climb fees are exclusive You are responsible for remitting the taxes, if any, to the appropriate taxing authority (which may be different to the tax authority in your own location). Climb will charge, collect and remit payment of any taxes for which, by any law, we are required to do. Climb is unable to provide you with tax advice and you should consult your own tax advisor.
5.5 You are solely responsible for all service, internet, telephony, data charges and/or other fees and costs associated with your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
5.6 As an adult user, you agree to pay the fees for a subscription you purchase, and hereby authorize Us to charge your credit card for such fees. If you elect to access or use our additional Services that involve payment of a fee (Climb Coaching, Advanced Coaching or Climb Groups), then you also agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If you provide credit card information to pay for such fees then you hereby represent and warrant that you are authorized to supply such information and hereby authorize Climb to charge your credit card on a regular basis to pay the fees as they are due.
5.7 If your credit card is declined, you will no longer have access to the platform. This means there are no late charges or need to collect payment from you. If you would like to reinstate access, all you need to do is select and pay for a service option.
5.8 We reserve the right to increase Subscription payment amounts or to institute new fees at any time upon reasonable notice posted in advance. We also reserve the right to change the features included in a Subscription, including discontinuing a feature.
5.9 Errors and Inaccuracies. Our goal is to provide complete, accurate, up-to-date information through the Services. Unfortunately, it is not possible to ensure that any website or mobile application is completely free of human or technological errors. The Services may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions—including after a subscription has started—and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.
6.1 Climb, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Site or App, or any other of the Services, for any reason at any time. Such termination of the Site or App will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
6.2 If you breach or violate any of these Terms or any of our applicable policies, as posted on our Site or App from time to time, Climb may take action immediately without prior notice to you. If we take action pursuant to this section, we shall not have any liability to you for any service period you may have purchased nor for any other use of our Services associated with your Account. For avoidance of any doubt, you understand and agree that you will not be compensated nor be eligible for any refund under any circumstances for any such access lost to our Site/App or its features and services.
6.3 You may terminate your Account access to the Site or App at any time, by visiting the profile page in your Climb account and “deactivating” or “deleting” your account (depending on whether or not you would like to have the option of returning and using the account again one day). You are solely responsible for properly canceling your account.
6.4 Your Climb Account will be accessible until the end of your last paid period. You can reinstate your account at anytime without losing any information. We have no obligation to retain any of your Account or submitted Content for any period of time. Any accrued rights to payment and all representations and warranties shall survive termination.
6.5 If you cancel your Account before the end of your current paid up period, termination of your Account will take effect at the end of the paid period and you will not be charged again.
6.6 There is no guaranty of refunds and all refunds are handled on a case-by-case basis at the sole discretion of Climb. All requests for refunds must be sent to firstname.lastname@example.org where they will be handled and reviewed as if received on the date of the email. If you are granted a refund, we typically grant refunds within three business days of the initial transaction.
The Services that Climb provides are always evolving and the form and nature of the Services that Climb provides may change from time to time without prior notice to you. Climb users acknowledge this and agree to the following:
7.1 Climb reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and App (or any part thereof) with or without notice.
7.2 Climb may modify the Services or discontinue their availability at any time.
7.3 Prices of all features and services, including but not limited to monthly subscription plan fees to the Site, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Site (joinclimb.com) and by sending an email to all users.
7.4 Climb shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Site or App.
8.1 The Site, App and its original content, features, services and functionality are owned by Impact Collective LLC or its subsidiaries and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
8.2 We claim no intellectual property rights over the commentary, responses and other material you or other third-parties provide to the Site or App. Your profile image and other organic contributions you make to the site remain yours. However, by posting content on a forum or comment thread publicly viewable to other Climb users, you agree to allow others to view and share your Content and you provide an irrevocable license to post and share such shared content on our Site, App, any future website or application or in any of the Services.
8.3 Climb does not pre-screen Content posted in the forum, but Climb and its agents have the right (but not the obligation) to refuse or remove any Content posted by users.
8.5 You consent to the entry of injunctive or other special relief to protect the copyright, patent, trademark, and trade secret rights of Climb in the Site or App, as determined necessary by Climb.
8.6 In the event that individuals provide permission to share their story in written, audio or video form, on Climb, there will be a separate arrangement whereby their visual, audio and written content become owned by Climb and Impact Collective.
9.2 As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving and which you expressly consent to receive at the email address you provide to us.
9.3 We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv)respond to user support requests, or (v) protect the rights, property or safety of Climb, its users and the public.
As a Climb user, you represent, warrant and commit that:
10.1 You have read, understood, and agree to be bound by the pricing information (see the Pricing section) before using Climb features or services.
10.2 For users in the adult Climb Site or App, you agree that you are over the age of 18. For users in the teen Climb Site or App, you agree that you are 13 years of age or older.
10.3 You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, SMSs (or “spam” messages), chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or App and its features or services.
10.4 You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous Content or information.
10.5 You agree not to reproduce, copy, reverse engineer, reproduce, distribute, sell, resell, modify, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit any Climb material or any portion of the Site or App (or access to the Site and App) without the express written permission of Climb.
10.6 You shall not modify, adapt, or hack the Site and App or modify another website so as to falsely imply that it is associated with the Site, App, Climb, or any other Climb feature or service.
10.7 You will not impersonate another person or gain unauthorized access to another person's Account.
10.8 You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services.
10.9 You will not disclose any personal information to another Climb user, and otherwise will assume responsibility for controlling how your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information.
10.10 You will not solicit personal information from any other Climb user.
As a Climb user, you also acknowledge that you understand:
10.11 Your use of the Site or App is at your sole risk. The features and Services on the Site and App are provided on an “as is” and “as available” basis.
10.12 Technical support is only provided to registered account holders and is available via either email at email@example.com or by clicking the “Support” link in the bottom left corner once you’ve logged in.
10.13 Climb relies partly upon third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Site and App.
10.15 We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Climb be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
10.16 You understand that the technical processing and transmission of the Site and App, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Climb is not responsible for errors, disclosures, data losses, or any other damages resulting from processing and transmission of the Site and App.
10.17 Climb does not warrant that (i) the Site or App will meet your specific requirements, (ii) the Site and App will be uninterrupted, timely, secure, or error-free, (iii) the quality of any products, Site, App information, or other material purchased or obtained by you through the Site will meet your expectations, and (iv) any specific errors in the Site or App will be corrected.
10.18 You understand that verbal, physical, written or other abuse (including threats of abuse or retribution) of any Climb customer, employee, member, or officer will result in immediate account termination, and other remedies at the sole discretion of Climb.
10.19 Climb does not make any warranty, express or implied, with respect to the Site or App, including without limitation any warranty of merchantability, fitness for a particular purpose, results, or operation. You expressly understand and agree that Climb shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Climb has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site or App; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site or App; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site or App; (v) or any other matter relating to the Site or App.
10.20 You understand that all Content submitted by users (in the community or comment threads) is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
As a Climb user signing up for Climb Coaching, you acknowledge that you understand:
11.1 No diagnosis or assessment. Climb Coaching does not involve the diagnosis or treatment of mental disorders as defined by the National Psychiatric Association. Climb Coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care, medical treatment or substance abuse treatment and Climb users will not use it in place of any form of diagnosis, treatment or therapy. Nothing contained in this Site or App is intended to be used as medical advice or to diagnose, treat, cure or prevent any disease.
11.2 No prescription or treatment. Although Climb Coaches offer encouragement and a chance to explore possibilities, they in no case dictate or “prescribe” a specific course of action. As noted, the assistance of a Climb Coach is not a substitute for independent professional advice from a medical/health professional – nor does it replace professional advice by legal, financial, business, spiritual or other qualified professionals. Climb users are encouraged to seek independent professional guidance for legal, medical, financial, business, spiritual or other matters. Climb users should not stop a medication or treatment protocol or alter your treatment plan without first consulting their mental health, medical or healthcare provider(s). All decisions in these areas are exclusively that of the individual Climb user and she/he acknowledges that her/his decisions and actions regarding personal mental and emotional wellness are her/his sole responsibility.
11.3 Liability. Climb users are fully responsible for themselves and their actions within and outside of the coaching relationship. You are liable for any and all damages, losses, liabilities, claims, suits, costs and expenses (including attorney fees) (collectively, "Claims") resulting from or relating to any action by you. You further agree to indemnify and hold harmless Climb and its officers, directors and agents, from and against any and all damages, loss, cost, liability or expense (including attorney fees and costs) incurred by any such party in connection with any complaints, demands, claims, or legal actions alleging illness, injury, death, or damage caused by you except in the event the Claims are solely the result of the gross negligence or willful misconduct of Climb.
11.4 Confidentiality. Climb Coaches will not at any time, either directly or indirectly, voluntarily use any personal information about Climb users for the coach's own benefit, or disclosure, or communicate this information to a third party.
11.5 Exceptions to confidentiality. For the purposes of Climb Coaching, user information, including email address, may be provided to the designated Climb Coach so that they may contact users regarding Climb business. Climb users also recognize that their coach may consult with their Climb supervisor or Climb team leaders.
11.6 Duty to report. The general requirement that a Climb Coach keeps information confidential does not apply when disclosure is required to comply with government laws governing individuals. When deemed appropriate at its sole discretion, Climb may provide user information, including identifying information that may have been entered into the Site or App by the user, to authorized law enforcement agencies. Such situations are include but are not limited to child pornography, child abuse, and a rape of a child, as well as evidence of abuse, assault or rape of an adult. Any of these situations would require disclosure to the proper authorities. In cases of threatened self-harm, or threatened (or actual) harm to an adult friend or family member, we may also take action to disclose information, on a case by case basis.
11.7 Coaching updates. Climb reserves the right to modify or change the rules of coaching without prior notification to current or new users. Any substantial modifications or changes, of course, would be subsequently shared with current and new users.
11.8 By using Climb Coaching, you agree with all the terms and conditions of this agreement.
As a Climb user signing up for Climb Groups, you acknowledge that you understand:
12.1 Technical adjustments. Climb Group participation may require you to configure your software settings on your web-device upon first use.
12.2 No diagnosis or assessment. Climb peer support groups do not involve the diagnosis or treatment of mental disorders as defined by the National Psychiatric Association. Climb Group support is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care, medical treatment or substance abuse treatment and the Climb user will not use it in place of any form of diagnosis, treatment or therapy. Nothing contained in this Site or App is intended to be used as medical advice or to diagnose, treat, cure or prevent any disease.
12.3 No prescription or treatment. Although Climb Group Leaders offer encouragement and while groups provide a chance to explore possibilities, they in no case dictate or “prescribe” a specific course of action. The assistance of a Climb Group is not a substitute for independent professional advice from a medical/health professional – nor does it replace professional advice by legal, financial, business, spiritual or other qualified professionals. Climb users are encouraged to seek independent professional guidance for legal, medical, financial, business, spiritual or other matters. Climb users should not stop a medication or treatment protocol or alter your treatment plan without first consulting their mental health, medical or healthcare provider(s). All decisions in these areas are exclusively that of the individual Climb user and she/he acknowledges that her/his decisions and actions regarding personal mental or emotional wellness are her/his sole responsibility.
12.4 Incidental discussion about professional intervention. Discussion of any particular personal or professional intervention during group meetings by any participant does not indicate endorsement from Climb. Climb does not endorse or recommend the use of any specific professional intervention for addiction – or any other mental, emotional or physical condition. For advice about specific interventions, individuals should consult a medical practitioner or mental health care provider.
12.5 Climb Group Leaders. Climb support groups are overseen by a trained group leader. Information and encouragement shared by this leader is expected to meet a certain ethical and practice standard, with accountability and supervision safeguards in place to ensure that happens.
12.6 Liability. Climb users are fully responsible for themselves and their actions within and outside of a Climb Group. They are liable for possible damages if incurred. Climb is released from any liability claims, except if these are based on intentional harmful behavior of the Climb group leader.
12.7 Confidentiality. Climb Group Leaders will not at any time, either directly or indirectly, voluntarily use any personal information from Climb users for the group leader's own benefit, or disclosure, or communicate this information to a third party.
12.8 Exceptions to confidentiality. For the purposes of Climb support groups, user information, including email address, may be provided to the designated support group leader so that they may contact users regarding the support group. Climb users also recognize that the Group Leader may consult with their Climb supervisor or Climb team leaders as well.
12.9 Duty to report. The general requirement that a group leader keeps information confidential does not apply when disclosure is required to comply with government laws governing individuals. When deemed appropriate at its sole discretion, Climb may provide user information, including identifying information that may have been entered into the Site or App by the user, to authorized law enforcement agencies. Such situations include but are not limited to child pornography, child abuse, and a rape of a child, as well evidence of the abuse, assault or rape of an adult. Any of these situations would constitute disclosure to the proper authorities. In cases of threatened self-harm, or threatened (or actual) harm to an adult friend or family member, we may also take action to disclose information, on a case by case basis.
12.10 Group updates. Climb reserves the right to modify or change the rules of the support groups without prior notification to current or new users. Any substantial modifications or changes, of course, would be subsequently shared with current and new users.
12.11 By using Climb Groups, you agree with all the terms and conditions of this agreement.
As a Climb user participating in a Climb Webinar, you acknowledge that you understand:
13.1 Technical adjustments. Webinar participation may require you to configure your software settings on your web-device upon first use.
13.2 Ownership. The materials and replay of webinars are for Climb users only and should not be forwarded on to third parties. Webinar participants will enter into a separate arrangement whereby their visual, audio and written content become owned by Climb.
As a Climb user participating in Climb Community, you acknowledge that you understand:
14.1 Information posted in the Climb Community (forum) is the opinion of the user who submitted the content and does not represent an official statement from Climb itself nor reflect an official endorsement from Climb.
14.2 Postings by other Climb users should not take the place of consultation with your health provider. Do not stop a medication or treatment protocol or alter your treatment plan without first consulting your mental health, medical or healthcare provider(s). Climb does not endorse or recommend the use of any specific professional intervention for addiction – or any other mental, emotional or physical condition. Any use or reliance on any Content or materials posted via the forum or obtained by you through the forum is at your own risk.
14.3 Information posted in the Climb Community is not confidential. All messages posted in these categories become Climb Content and may be reused for other purposes without the author's prior consent.
14.4 Climb administration reserves the right, but is not obligated, to monitor postings and disallow postings that we believe to be inappropriate, inaccurate, or in conflict with these Terms, or Climb principles, standards and guidelines, without prior consent from the author. Climb administration reserves the right to terminate, suspend, modify, or delete, at our sole discretion, any Content submitted by users.
14.5 Posting any of the following may result in deletion of the post and termination of your ability to use the Climb Community.
14.5.1 Derogatory or offensive remarks directed towards other users - including those involving sexual content
14.5.2 Argumentative messages or messages that are posted for the sole purpose of starting or maintaining arguments with other users.
14.5.3 Messages used to conduct or encourage any illegal activities, including software infringement, spreading computer viruses, gambling, distribution of pornography, or other illegal activities.
14.5.4 Messages used to upload, post, email, transmit, or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
14.5.5 Messages that appear to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
14.5.6 Messages used to conduct polls, research or otherwise gather information from users, or that contain advertising, product promotion, or promotion of professional services, clinical trials, research, or links.
14.6 Climb users agree to use the Climb Community (Forum) and message boards only to post, send and receive messages and material that are proper and related to Climb. By way of example, and not as a limitation, you agree that when using a Climb feature or service, you will not:"
14.6.1 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
14.6.2 Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information."
14.6.3 Advertise or offer to sell or buy any goods or services for any business purpose, unless given permission by Climb administrators.
14.6.4 Conduct or forward surveys, contests, pyramid schemes or chain letters.
14.6.5 Restrict or inhibit any other user from using Climb features including interaction opportunities.
14.6.6 Violate any code of conduct or other guidelines which may be applicable for any particular Climb feature or service.
14.6.7 Harvest or otherwise collect information about others, including email addresses, without their consent.
14.6.8 Violate any applicable laws or regulations.
14.7 We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Climb Community (forum) or endorse any opinions expressed there. You understand that by using the Community, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Climb be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Community or broadcast elsewhere.
14.8 By using the Climb Community, the user agrees to indemnify and hold Climb, its staff, and its agents, harmless from and against any liability, claims, damages, losses, costs, and expenses (including attorneys' fees) relating to any acts or omissions by users or to materials or information transmitted by users in connection with the use of the Climb Community.
14.9 Forum updates. Climb reserves the right to modify or change the rules of the Community (forum) without prior notification to current or new users. Any substantial modifications or changes, of course, would be subsequently shared with current and new users.
14.10 By using Climb allies, you agree with all the terms and conditions of this agreement.
As a Climb user using the Climb ally feature, you acknowledge that you understand:
15.1 No substitute. Climb allies are not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment and Climb users will not use it in place of any form of diagnosis, treatment or therapy. Nothing contained in this Site or App is intended to be used as medical advice or to diagnose, treat, cure or prevent any disease. The assistance of a Climb ally is not a substitute for independent professional advice from a medical/health professional – nor does it replace professional advice by legal, financial, business, spiritual or other qualified professionals. Climb users are encouraged to seek independent professional guidance for legal, medical, financial, business, spiritual or other matters. Climb users should not stop a medication or treatment protocol or alter your treatment plan without first consulting their mental health, medical or healthcare provider(s). All decisions in these areas are exclusively that of the individual Climb user and she/he acknowledges that her/his decisions and actions regarding personal mental or emotional wellness are her/his sole responsibility.
15.2 Climb allies. Climb allies receive general guidance to encourage patience, generosity and other basic behavioral qualities that contribute to safety and positive support. This guidance does not constitute “training” and Climb does not take or presume responsibility for the actions (or lack of action) for allies that Climb users recruit and access on the Climb platform. Unlike Climb Coaches or Climb Group leaders, Climb allies are thus independent relationships that Climb users identify in their own community and networks as possible supports to their recovery. No supervision or approval is provided by Climb that would warrant approval or authorization of a particular ally. Given all this, you agree to not hold Climb responsible for advice an ally may or may not give.
15.3 Liability. Climb users are fully responsible for themselves and their actions within and outside of the ally relationship. You are liable for any and all Claims resulting from or relating to any action by you. You further agree to indemnify and hold harmless Climb and its officers, directors and agents, from and against any and all damages, loss, cost, liability or expense (including attorney fees and costs) incurred by any such party in connection with any complaints, demands, claims, or legal actions alleging illness, injury, death, or damage caused by you except in the event the Claims are solely the result of the gross negligence or willful misconduct of Climb.
15.4 Ally updates. Climb reserves the right to modify or change the rules of allies without prior notification to current or new users. Any substantial modifications or changes, of course, would be subsequently shared with current and new users.
15.5 By using Climb allies, you agree with all the terms and conditions of this agreement.
You hereby indemnify, defend and hold harmless Climb, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third-party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of your actions or breach of any representation or warranty hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you under this Section 16 and in such case, you agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
Notice for California Users. Under California Civil Code Section 1789.3, California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Statute of Limitations. Any claim or cause of action arising out of or related to use of the Services, the Terms, or any services or information available through Third Party Platforms, must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1-year period, such claim or cause of action are forever barred.
THE SERVICES, CLIMB CONTENT, SUBMITTED CONTENT, TRAINING, RESOURCES AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF THE SITE AND APP ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLIMB AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. CLIMB AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE AND APP WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SITE AND APP AND ITS FEATURES AND SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF CLIMB OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.
18.1 Inaccuracies. A possibility exists that the Services provided on any Third Party Platform could include inaccuracies or errors, or information or materials that violate these Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Services available on any Third Party Platform. Although Climb attempts to ensure the integrity of the Services on Third Party Platforms, we make no guarantees as to the Services' completeness or correctness. In the event that a situation arises in which the Services' completeness or correctness is in question, please submit a request to firstname.lastname@example.org (with the subject line" + ' "Inaccuracies in Services on Third Party Platform Name") with, if possible, a description of the Services to be checked and the location (URL) where such Services can be found on our Services or Third Party Platform at issue, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
18.2 System Outages. Climb periodically schedules system downtime for the Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Climb has no responsibility and is not liable for: (a) the unavailability of the Services including those available on Third Party Platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services, any Internet service providers, any Third Party Platforms, or any Internet facilities and networks.
By using the Climb site or communicating with Climb, you agree that Climb may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site and its features and Services, as well as your compliance with these Terms. If Climb learns of a security system's breach, Climb may attempt to notify you electronically by posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to Climb at email@example.com. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid.
20.1 Entire Agreement. These Terms and any policies applicable to you posted on our Services constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
20.2 Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
20.3 Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. Once again, the failure of Climb to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
20.4 No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither Climb nor any other party to these Terms shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
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