Last Updated: November 19, 2021
Changes to These Terms
Clymb reserves the right to change these Terms at any time and at its sole discretion. Clymb may modify or amend the Terms by posting a copy of the modified or amended license on the Clymb website. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the software following the date in which the modified or amended license is posted on the company website in the license agreement link. Please check frequently for updates to these terms. Clymb encourages you to review the Terms regularly to ensure that you understand the terms and conditions that apply to your use of the Service. If you do not agree to the changed Terms, you must stop using the Service.
To access certain areas and features of the Service, you must register for an account using the activation key provided to you by Clymb. You must register for an account using a link provided to you by Clymb. Your account is personal to you and must not be shared by various users or used for the benefit of other persons or companies. You must not share the Clymb link with any other persons or companies. If you register an account, you will (a) provide accurate, complete account information; (b) maintain and promptly update your account information to keep it accurate, current, and complete; (c) maintain the security of your account; (d) promptly notify Clymb if you discover or otherwise suspect any security breaches related to the Service; and (e) accept all risks of unauthorized access to your account information and any other information you provide to Clymb.
Copyright and Limited License
Unless otherwise indicated, the Service and all content and other materials in the Service, including, without limitation, the Clymb logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the “Clymb Materials”) are the proprietary property of Clymb or its licensors and are protected by United States and international copyright laws.
Notwithstanding any agreement you may have with Clymb that includes broader license rights to the Service or any Clymb Materials therein, you are granted a limited, non-exclusive, non-sublicensable, revocable license to (i) access and use the Service, (ii) download Clymb Materials that are expressly provided through the Service for download, and (iii) electronically copy (except where prohibited without a license) and print to hard copy parts of the Clymb Materials, but in each instance solely for your informational, noncommercial, and personal use or otherwise in accordance with a written agreement between you and Clymb. This license is subject to these Terms and, except as expressly permitted on the Service or under a separate written agreement between you and Clymb, you do NOT have the right to do any of the following: (a) sell, resell, or commercially use the Service or the Clymb Materials; (b) may not share Clymb curriculum, emotional wellness resources, or any Clymb videos in any format, via email, video sharing platforms, or any other way that was not mentioned here; may not share Clymb student data with anyone without the express permission of parents for students under 13, (c) distribute, publicly perform, or publicly display any part of the Clymb Materials; (d) publish or reproduce any part of the Clymb Materials on the Internet or any external websites, networks, or servers; (e) modify or otherwise make any derivative uses of any part of the Service or the Clymb Materials; (f) use any data mining, robots, or similar data gathering or extraction methods; (g) download (other than via page caching) any part of the Service or the Clymb Materials that are not expressly provided by Clymb for download; or (h) use any part of the Service or the Clymb Materials for anything other than for their intended purposes. You will not obscure any copyright notices or other legends or notices appearing on any part of the Clymb Materials and will ensure that all permitted copies of the Clymb Materials contain the same copyright notice and other legends or notices that appear on the copies provided by Clymb or as otherwise may be instructed by Clymb. Any use of the Service or the Clymb Materials other than as specifically authorized by these Terms or in writing by Clymb is strictly prohibited and will terminate your license to the Service and the Clymb Materials. Such unauthorized use also may violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Clymb has adopted a policy of terminating, in appropriate circumstances and at Clymb’s sole discretion, accounts of account holders who are deemed to be repeat infringers. Clymb also may, at its sole discretion, limit access to the Service and terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything in the Service infringes on any copyright you own or control, you may file a notification with Clymb’s Designated Agent as set forth below:
Agent Designated to Receive Notification of Claimed Infringement: Ashley Williams, President
Address to Send Notification: 901 S Bond St UNIT 400, Baltimore, MD 21231
Telephone Number of Designated Agent: 434-298-4541
Email Address of Designated Agent: email@example.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by Clymb or the alleged infringer as the result of Clymb relying on such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
“Tackle the Mountain” and “Clymb,” the Clymb logos, and any other Clymb product or service name or slogan contained in the Service are trademarks of Clymb and its licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Clymb or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Tackle the Mountain” or “Clymb” or any other name, trademark, or product or service name of Clymb without Clymb’s prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark, or trade dress of Clymb and may not be copied, imitated, or used, in whole or in part, without Clymb’s prior written permission. All other trademarks, registered trademarks, product names, and names or logos mentioned in the Service are the property of their respective owners. Reference to any products, Service, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Clymb.
You are granted a limited, non-exclusive right to create a text hyperlink to the homepage of the Service for noncommercial purposes, provided that (a) such link does not portray Clymb in a false, misleading, derogatory, or otherwise defamatory manner, and (b) the linking site does not contain any obscene, pornographic, sexually explicit, or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use any Clymb logo or other proprietary graphic of Clymb to link to the Service without Clymb’s express written permission. You may not, without Clymb’s express written permission, use, frame, or utilize framing techniques to enclose Clymb’s trademark, logo, or other proprietary information, including the images found in the Service, the content of any text, or the layout or design of any page or form contained on a page of the Service.
Clymb makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of any third-party websites accessible via hyperlink or linking to the Service. These websites are not under the control of Clymb, and Clymb is not responsible for any embedded content or the contents of these websites, or any changes or updates to these websites. Clymb and its users may provide these links to you as a convenience, and the inclusion of any link does not imply any affiliation, endorsement, or adoption by Clymb of any site, or any information contained therein. When you visit other websites via links or embedded content, you should understand that these Terms no longer govern and that the terms and policies of those third-party websites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Service.
Third Party Products and Service
Clymb may provide information about or links to third-party products or Service. Clymb does not control, endorse, or adopt any third party information in the Service and makes no representation or warranties of any kind regarding third-party information in the Service, including, without limitation, regarding its accuracy or completeness. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties, or representations associated with these dealings, correspondence, or promotions, are solely between you and such third party. Clymb is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, correspondence, or promotions, or any third-party information in the Service. You may “opt out” of receiving marketing or promotional communications from us by following the directions in the communications. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
No Unlawful or Prohibited Use
As a condition of your use of the Service, you warrant to Clymb that you will not use the Service for any purpose that is unlawful or prohibited by these Terms, any notices, policies, or guidelines contained within the Service, or any other agreement you may have with Clymb. You may not use the Service in any manner that could damage, disable, overburden, or impair the functioning of the Service or could interfere with, disrupt, negatively affect, or inhibit any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
Permitted Use of the Service
The Service may contain interactive areas or Service (“Interactive Areas”), such as discussion forums, blogs, private messages, emails, or other interactive features or areas in which you or other users can create, post, transmit, or store content, including, without limitation, text, music, sound, photos, images, video, graphics, code, and other items or materials (collectively, “User Content”). User Content posted on Interactive Areas may be publicly viewable to others. You are solely responsible for your User Content and for your use of Interactive Areas, which you use at your own risk. You will use Interactive Areas only to post, send, and receive messages and material that are proper and related to the Interactive Areas.
You will not post, upload to, transmit, distribute, store, create, or otherwise publish through the Service any of the following:
- Log Information: We log information about your use of our Service, such as your Internet Protocol (“IP”) address, the type of browser you use, the address of a referring website, and your activity with our Service.
- Device Information: We collect information about the computer or device you use to access our Service, including the operating system and version, and network information.
- Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to your computer or device. Cookies are small data files that are stored on your hard drive or in device memory that help us recognize users who have visited the Service previously and retain certain information, such as customer preferences and history. We also may collect information using web beacons (also called “tracking pixels”). Web beacons are electronic images that may be used in our Service or emails to help deliver cookies, count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon. For more information about cookies and how to disable them, please see “Your Choices” below.
You are solely responsible for your conduct while accessing or using the Service and will not violate any law, contract, intellectual property, or other third-party right, or commit any tort in connection with your access to or use of the Service. You will abide by these Terms and will not do any of the following in connection with the Service or its users:
- Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, surveys, contests, pyramid schemes, or chain letters;
- Download any file posted by another user of the Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Restrict or inhibit any other user from using and enjoying any Interactive Areas;
- Engage in any harassing, intimidating, predatory, or stalking conduct;
- Use or attempt to use any account you are not authorized to use;
- Harvest or otherwise collect information about others, including user names, e-mail addresses, or other contact information, without their consent or for the purpose of sending spam or other commercial messages;
- Use any robot, spider, crawler, scraper, or other automated means or interface not provided by Clymb to access the Service or to extract data;
- Attempt to circumvent any content filtering techniques Clymb employs, or attempt to access any service or area of the Service that you are not authorized to access;
- Reverse engineer any aspect of the Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service (except as otherwise expressly permitted by law);
- Attempt to indicate in any manner that you have a relationship with Clymb or that Clymb has endorsed you or any products or Service for any purpose;
- Develop any third-party applications that interact with User Content and the Service without Clymb’s prior written permission; or
- Use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms or any code of conduct or other guidelines that apply to the Interactive Areas.
Clymb takes no responsibility and assumes no liability for (a) any User Content posted, stored, or uploaded by you or any third party; (b) any associated loss or damage; (c) any user conduct; or (d) any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Your use of Interactive Areas is at your own risk. These Terms do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules. As a provider of interactive Service, Clymb is not liable for any statements, representations, or User Content provided by its users in any public forum, personal home page, or other Interactive Areas. Although Clymb has no obligation to screen, edit, or monitor any of the Content posted in any Interactive Areas, Clymb reserves the right, and has absolute discretion, to remove, screen, or edit any User Content posted or stored through the Service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store through the Service at your sole cost and expense. Any use of the Interactive Areas or other parts of the Service in violation of the foregoing violates these Terms and may result in, among other things, termination, or suspension of your rights to use the Service.
Rights in User Content
By submitting or posting User Content to the Service, you hereby grant Clymb a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media on or in connection with the Service and the promotion of the Service or Clymb’s products and Service, including, without limitation, the right to use your name, likeness, voice, or identity. You grant Clymb and its sublicensees the right to use the name, location, and other information that you submit in connection with such User Content. The use of your or other users’ name, likeness, voice, or identity in connection with various features in connection with the Service does not imply any endorsement of such feature or of the Service unless explicitly stated otherwise. You represent and warrant that (a) the User Content is not confidential; (b) you own and control all of the rights to the User Content that you post, or otherwise have the right to post such User Content to the Service; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the use and posting of the User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original, or creative materials or other information about Clymb, the Service, or Clymb’s products or Service (collectively, “Submissions”). Submissions, whether posted to the Service or provided to Clymb by email or otherwise, are non confidential and shall become the sole property of Clymb. Clymb shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY CLYMB, THE SERVICE AND CLYMB MATERIALS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CLYMB HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICE AND THE CLYMB MATERIALS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY CLYMB, CLYMB DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY CONTENT CONTAINED THEREIN IS ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS YOUR RESPONSIBILITY TO USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLYMB OR ITS INDEPENDENT CONTRACTORS, SUPPLIERS, AND CONSULTANTS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, and AGENTS (COLLECTIVELY, THE “ Clymb PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED SERVICE OR THE CONTENT CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM CLYMB OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF INFORMATION, 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 THE SERVICE OR CLYMB’S RECORDS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY OF THE Clymb PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
You will defend, indemnify, and hold harmless the Clymb Parties from and against any third party claims, damages of any kind, costs, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or related to (a) your use of the Service, (b) your conduct in connection with the Service, (c) any User Content or Submissions you provide, (d) your violation of these Terms, and (e) your violation of the rights of another.
Termination; Modification to the Service
Clymb reserves the right, without notice and in its sole discretion, to terminate your license to use the Service and to block or prevent your future access to and use of the Service. Clymb reserves the right to modify or discontinue, temporarily or permanently, the Service, or any features or parts thereof, without prior notice, and disclaims all liability for any modification, suspension, or discontinuance of the Service, or any part thereof.
Governing Law and Venue
To the maximum extent permitted by law, these Terms are governed by, and will be construed in accordance with and enforced by, the laws of the State of Maryland, USA, without regard for its choice of law provisions. You hereby consent to the exclusive jurisdiction and venue of courts in Baltimore, Maryland, USA in all disputes arising out of or relating to the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms (including this paragraph).
Enforcement of these Terms is solely at Clymb’s discretion, and failure to enforce any part of these Terms in some instances does not constitute a waiver of Clymb’s right to enforce the same or other part of these Terms in other instances.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Questions or Comments
Questions or comments about the Service may be directed to Clymb by email or by mail at:
901 S Bond St UNIT 400, Baltimore, MD 21231
Infinite Focus, Inc.