TERMS AND CONDITIONS
Last Updated: August 2020
These Site Terms are not intended to alter the terms or conditions of any agreement you may have with USA Climbing, its subsidiaries or affiliates, such as an agreement to participate in any USA Climbing event. To the extent of any conflict, the terms of your agreement will prevail. By using the Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify USA Climbing for violations of these Site Terms.
2. OWNERSHIP OF THE SITE AND ITS CONTENTS
The Site is owned by USA Climbing. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics or logos, data (including results of competitions and other records), photos, video, sound, illustrations, software, and the selection and arrangement thereof ("Content"), is owned by USA Climbing, its licensors, or its third-party partners. All elements of the Site, including the Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. We also appreciate any feedback or other suggestions that you may submit to us, but you understand that we own such feedback and that we may use such feedback or suggestions without any obligation to compensate you for them.
3. USE OF THE SITE
You may not use the Site or the Content for any purpose not related to your business with USA Climbing. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Content without USA Climbing’s express written agreement; (b) using any data mining, data scraping, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Content by using framing or similar navigational technology; (d) reverse engineering, altering or modifying any part of the Site or the Content; (e) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (f) selling, licensing, leasing, or in any way commercializing the Site or the Content without specific written authorization from USA Climbing; and (g) using the Site or the Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
4. COPYRIGHT INFRINGEMENT POLICY
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, USA Climbing has adopted a policy of terminating, in appropriate circumstances and at USA Climbing’s sole discretion, account holders who infringe the intellectual property rights of USA Climbing or any third party.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
ATTN: Copyright Agent
537 West 600 South
Salt Lake City, UT 84101
5. TRADEMARKS AND PUBLICITY
USA Climbing trademarks, the USA Climbing logo, and any other product, event, or service name or slogan contained on the Site are trademarks of USA Climbing and its suppliers or licensors, and may not be copied, imitated, or used, whether in whole or in part, without the prior written permission of USA Climbing or the applicable trademark holder. You may not use meta tags or any other "hidden text" utilizing "USA Climbing" or any other name, trademark or product or service name of USA Climbing without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of USA Climbing and may not be copied, imitated or used, whether in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
6. LINKS AND LINKING
You may not use a USA Climbing logo or other proprietary graphic of USA Climbing to link to the Site without the express written permission of USA Climbing. Further, you may not frame any USA Climbing trademark, logo or other proprietary information, including the Content, without USA Climbing’s express written consent. USA Climbing makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible from the Site, or websites linking to the Site. Such sites are not under the control of USA Climbing and USA Climbing is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. USA Climbing provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by USA Climbing of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that USA Climbing shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
7. REGISTRATION DATA AND ACCOUNT SECURITY
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to USA Climbing, to keep it accurate, current and complete; (c) maintain the security of any passwords or logins; (d) notify USA Climbing immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
You agree to defend, indemnify and hold harmless USA Climbing, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the Site, your breach or alleged breach of these Site Terms or of any representation or warranty contained herein, your unauthorized use of the Content or Site, or your violation of any rights of another person.
9. LIMITATION OF LIABILITY AND DISCLAIMER
THE SITE, INCLUDING THE CONTENT, ARE PROVIDED "AS IS" AND USA CLIMBING AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OR CONTENT OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT USA CLIMBING, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. USA Climbing uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability. Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL USA CLIMBING, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY CONTENT OR INFORMATION OBTAINED FROM USA CLIMBING, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO USA CLIMBING’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF USA CLIMBING, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO USA CLIMBING FOR ACCESS TO OR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT USA CLIMBING WOULD NOT YET YOU USE THE SITE OR THE CONTENT WITHOUT THIS LIMITATION OF LIABILITY. IN THE EVENT THIS LIMITATION OF LIABILITY IS NOT ALLOWED UNDER APPLICABLE LAW, USA CLIMBING’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE.
11. APPLICABLE LAW AND VENUE
Any dispute relating in any way to your use of the Site or the Content shall be submitted to confidential arbitration in Salt Lake City, Utah, except that, to the extent you have in any manner violated or threatened to violate USA Climbing’s intellectual property rights, USA Climbing may seek injunctive or other appropriate relief in any state or federal court in the State of Utah, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Site Terms shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
Notwithstanding any of these Site Terms, USA Climbing reserves the right, without notice and in its sole discretion, to terminate your account and/or to block or suspend your use of the Site. You may terminate your agreement to these site terms by both writing to USA Climbing using the contact information below AND immediately ceasing use of the Site and all Content. Any subsequent use of the Site or Content will constitute re-agreement to the Site Terms.
13. MISCELLANEOUS PROVISIONS
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by USA Climbing. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
14. CHANGES TO SITE TERMS
USA Climbing reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.
15. QUESTIONS AND CONTACT INFORMATION
Please contact us if you have any questions or comments about the Site or Site Terms.