Terms of Service
1. Agreement to Terms
These Terms of Service (“Terms”) govern your access to and use of the website climbitsolutions.com (the “Site”) and any related products or services (collectively, the “Services”) provided by ClimbIT Solutions, Inc. (“we”, “us” or “our”).
By accessing or using the Site or Services, you agree to these Terms. If you do not agree, do not use the Site or Services.
2. Eligibility
- You must be at least 18 years old (or the legal age of majority in your jurisdiction) to use the Services.
- If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
- You agree to comply with all applicable laws in your use of the Services.
3. Account Registration
- Some features of the Services may require you to create an account. You agree to provide accurate, current, and complete information, and to keep your account information up to date.
- You are responsible for safeguarding your account credentials (e.g. username, password) and for any activity that occurs under your account. Notify us immediately of any unauthorized use.
4. Use of Services; Acceptable Use
- You agree to use the Services only for lawful purposes and in accordance with these Terms.
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You must not misuse the Services. For example, you must not:
- violate any applicable law or regulation;
- infringe our or others’ intellectual property rights;
- send spam or unsolicited communications;
- use the Services for any fraudulent purpose;
- interfere with or disrupt the integrity or performance of the Services;
- attempt to gain unauthorized access to the Services or other users’ accounts.
5. Intellectual Property Rights
- All content, features, and functionality of the Services (including text, graphics, logos, software, images, and other materials) are the property of ClimbIT Solutions or its licensors, and are protected by copyright, trademark, and other intellectual property laws.
- You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use our Intellectual Property except as expressly permitted by us.
- If you provide content (e.g. feedback, suggestions, or user-generated content) to us, you grant us a non-exclusive, worldwide, royalty-free, transferable license to use, reproduce, modify, publish, distribute, and otherwise exploit such content in connection with the Services.
6. Payment, Fees, and Refunds
- If there are paid features or services, you agree to pay all applicable fees. Payments are due in advance unless otherwise specified.
- We may charge, collect, and remit any taxes (e.g. sales tax, VAT) as required by law.
- Refund policies (if any) will be as set out in a separate Refund Policy or as described at the point of sale.
7. Termination and Suspension
- We may suspend or terminate your account or access to the Services, or remove or disable content, at our discretion, for violation of these Terms or for any conduct we deem harmful to us, other users, or third parties.
- Upon termination, the licenses granted to you will terminate, and you must cease all use of the Services.
- Sections of these Terms that by their nature should survive (e.g. Intellectual Property, Disclaimers, Limitation of Liability) will survive termination.
8. Disclaimers
- The Services are provided “as is” and “as available,” without warranties of any kind, either express or implied (including but not limited to merchantability, fitness for a particular purpose, non-infringement).
- We do not warrant that the Services will be uninterrupted, error-free, or secure.
9. Limitation of Liability
- To the maximum extent permitted by law, ClimbIT Solutions (and its officers, directors, employees, agents, etc.) will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or data use, arising out of or in connection with your use of or access to the Services, even if we have been advised of the possibility of such damages.
- Our total liability to you for all claims arising under these Terms shall not exceed the amount you have paid us in the past 12 months (if any), or a specified small amount if no payments were made.
10. Indemnification
You agree to indemnify, defend, and hold harmless ClimbIT Solutions and its affiliates, officers, directors, employees, and agents, from and against any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
11. Modifications to Terms / Services
- We may modify these Terms from time to time. If we make material changes, we will notify you (e.g. via email or a notice on the Site) before the changes take effect. Your continued use after changes constitutes acceptance of the new Terms.
- We may also modify, suspend, or discontinue any part of the Services at any time, with or without notice.
12. Governing Law and Dispute Resolution
- These Terms shall be governed by the laws of the State of [Insert State] without regard to its conflict of law rules.
- Any dispute arising under or relating in any way to these Terms or the Services shall be resolved through [negotiation / mediation / binding arbitration] (choose which applies), and you consent to [the jurisdiction or venue – e.g. courts of [City], [State]].
13. Miscellaneous
- Waiver: Failure to enforce any right or provision under these Terms does not waive that right.
- Severability: If any part of these Terms is found invalid or unenforceable, that part will be limited or removed to the minimum extent necessary, and the remainder will continue in full force.
- Assignment: You may not assign these Terms without our prior written consent. We may assign or transfer them in connection with a merger, acquisition, sale, or other reorganization.
- Entire Agreement: These Terms, along with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and ClimbIT Solutions regarding the Services.