Effective Date: May 3, 2021


TERMS OF USE:

By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.


Climber Monkeys Abroad, LLC is a Nevada Limited Liability Company (“Climber Monkeys Abroad”). These Terms of Use describe your rights and responsibilities when using the Climber Monkeys Abroad products and services, including all materials, online communications and other information that is or becomes available. Please read them carefully.


Climber Monkeys Abroad’s products are hosted on the Teachable, Inc. (“Teachable”) website. They provide us with the platform that allows us to sell our products and services to you.


1. Introduction and Acceptance of Terms


The terms and conditions set forth in this Terms of Use agreement (“Terms of Use”) governs your use of the Teachable website as it relates to Climber Monkeys Abroad (the “Site”) and the Climber Monkeys Abroad Site content, products and services, including videos and other instructional materials (“Content”) available for sale on the Site. By purchasing and downloading any of the Climber Monkeys Abroad Content, you agree to abide by and will comply with the Policies and any modifications thereto that are then posted. These Terms of Use constitute a written agreement regarding your use of the Site that affects your legal rights and obligations.


2. Ownership


All right, title and interest in and to the Content available through the Site are owned and controlled by Climber Monkeys Abroad, LLC. The Site and Content are protected by U.S. and international copyright, trademark, right of publicity or other intellectual property rights and laws to the fullest extent possible. The Content and other features of the Site as well as the selection, arrangement, assembly, compilation and/or enhancement of the Content and any modifications, are owned by or licensed to Climber Monkeys Abroad, LLC.


3. General Use of the Site – Permissions and Restrictions 


If you do not agree to any of the terms contained in the Policies, please do not participate on the Site or download any Content. 


3.1 Age Restrictions. You must be at least eighteen (18) years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Site or Content. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Content only under the supervision of your parent or guardian who has agreed to these Terms of Use. Those under the age of 13 may not use the Site or Content. Parents or legal guardians of a child under the age of 18 may use the Site or Content on behalf of such minor child.


3.2 Prohibited Activities. You agree not to:


  • Copy, alter, reproduce, create derivative works, remove, republish, post, publicly perform, publicly display, distribute, modify, broadcast, download, transmit, license or commercially exploit, in whole or in part, except as expressly permitted by Climber Monkeys Abroad herein or by the respective Content owner as applicable and as permitted in any required end user license agreement if any provided that you include without any modification or alteration all copyright and other propriety notices contained in the Site or Content;


  • Collect or otherwise obtain any personally identifiable information from the Site or any Content available from or on the Site for any advertising, promotion or solicitation purposes, regardless of whether or not this is for commercial or non-profit purposes;


  • Disable, circumvent or otherwise interfere with security features of the Site or other features that prevent or restrict use or copying of any Content; and


  • Use the Site to generate unsolicited email advertisements or spam, to conduct or promote any illegal activity, for political campaigning, and/or soliciting support for legislative or other related initiatives.


4. Intellectual Property


All rights, including any intellectual property rights therein, and to this Site and Content are owned by or licensed to Climber Monkeys Abroad, or otherwise used by Climber Monkeys Abroad as permitted by applicable law or agreement. In the case of User Content, the contents are licensed to Climber Monkeys Abroad by the user as provided for herein.


4.1 Trademarks. All trademarks, service marks, design marks, logos, positioning statements and trade names are proprietary to Climber Monkeys Abroad or of the respective owner. All rights are reserved by the respective owners. You may not use any Climber Monkeys Abroad provided service marks, logos or graphics, without Climber Monkeys Abroad’s prior written consent, except that you have the right and obligation, to use any Climber Monkeys Abroad or other content provider service mark or logo included in, or required to be used in connection with, Content or other portion or capability of the Site, subject to the requirements set forth in these Terms of Use for the use of the Content or other functionalities of the Site.


4.2 Copyrights. 


Claimed Copyright Infringement. If you are a copyright owner or an agent of a copyright owner and believe in good faith that any Content on the Site infringes upon your copyright, you may send a notice of claimed infringement to Climber Monkeys Abroad’s Designated Agent pursuant to the Digital Millennium Copyright Act (“DMCA”) section 17 USC 512 (c) (3). 


The notice must include the following information:


  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; 
  • Identification of works or materials being infringed; 
  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Climber Monkeys Abroad is capable of finding and verifying its existence; 
  • Contact information about the notifier including address, telephone number and, if available, email address; 
  • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and 
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.


All notifications of claimed copyright infringement should be forwarded to our Designated Copyright Agent at the address provided at the end of these Terms of Use. 


5. Product Information

The products displayed on the Site can be ordered and delivered only within the U.S. All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. All prices are subject to change without notice.


All material and information presented by Climber Monkeys Abroad is intended to be used for personal, educational or informational purposes only. You are responsible for your own health and decisions; therefore, Climber Monkeys Abroad requires that you consult with your physician or health care practitioner before starting any training or exercise routine. By downloading and using the Content, you certify that you are a healthy individual or have received consent from your physician to engage in activity related to the Content. You should understand that when participating in any exercise or exercise program including climbing activity, there is a possibility of physical injury or death.  

Climber Monkey Abroad is not responsible for the accuracy, reliability, effectiveness, or correct use of Content or information you receive through the Site, or any health problems or injuries that may result from use of the products, services or techniques you learn about through the Content or Climber Monkey Abroad. If you engage in any activity or exercise program you receive through the Content, you agree that you do so at your own risk and are voluntarily participating in these activities. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding the activities or any health condition.

6. Payments

 

By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable government taxes or fees and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. If any of the items in your order are unavailable, we will charge only the prices, Taxes and other applicable charges associated with the items that are included in the shipment.


7. Links to Third Party Sites and Other Services


Climber Monkeys Abroad services contain links to other Internet sites, applications and services maintained by third parties, over which Climber Monkeys Abroad has no control. Climber Monkeys Abroad does not endorse or approve of the content, operators, products or services of such sites, and Climber Monkeys Abroad is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such third-party sites. You further acknowledge and agree that Climber Monkeys Abroad shall not have any liability whether direct or indirect or otherwise, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Please be aware that any third party services are unrelated to Climber Monkeys Abroad and that your use of the third party services is subject to the terms and policies of those specific services.


9. User’s Obligations to Abide by Applicable Law


In connection with the Terms of Use of the Site, you shall abide by all applicable federal, state and local laws, including, but not limited to the laws regarding those such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement (“Applicable Laws”). The Content may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, audio samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.


10. Disclaimer of Warranties


You acknowledge that we have no control over, and no duty to take any action regarding: (a) which users gain access to the Site, (b) what Content you access, (c) what effects the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired, you having not acquired, or your use of Content. We make no representations or warranties regarding suggestions or recommendations of services or products referenced in the Site. We have no special relationship with or fiduciary duty to you.


YOUR USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK. THIS SITE AND CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SITE, CONTENT AND CLIMBER MONKEYS ABROAD’S SERVICES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES THAT THE CONTENT, SERVICES AND/OR PRODUCTS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. CLIMBER MONKEYS ABROAD DOES NOT WARRANT THAT ANY CONTENT IS ACCURATE, COMPLETE OR RELIABLE, THAT CLIMBER MONKEYS ABROAD’S SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND/OR THAT ANY CONTENT IS FREE OF ERROR, BUGS, MALICIOUS OR ROGUE SOFTWARE, CONTAMINANTS OR OTHER HARMFUL ITEMS. NO INFORMATION, DATA OR CONTENT OBTAINED BY YOU FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOUR DOWNLOADING OF ANY CONTENT FROM OR THROUGH THE SITE AND IS AT YOUR OWN DISCRETION AND RISK. WITHOUT LIMITATION, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, PHYSICAL OR OTHERWISE, TO YOURSELF, TO OTHERS, AND PROPERTY INCLUDING BUT NOT LIMITED TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.


11. Release and Indemnity


YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST CLIMBER MONKEYS ABROAD AND/OR ITS AFFILITATES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE CLIMBER MONKEYS ABROAD SITE OR CONTENT. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, CLIMBER MONKEYS ABROAD and its affiliates, and/or licensors, and their respective trustees, directors and employees FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE CLIMBER MONKEYS ABROAD SITE OR CONTENT, FAILURE TO ABIDE BY APPLICABLE LAW, OR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT OR ANY RESULTING PHYSICAL, BODILY OR PROPERTY HARM THAT MAY RESULT FROM YOUR USE OF THE SITE OR THE CONTENT.


12. Limitation of Damages


UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CLIMBER MONKEYS ABROAD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE THE CLIMBER MONKEYS ABROAD SITE OR CONTENT OR THE OR INABILITY TO USE SUCH SITE OR CONTENT, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON CONTENT AVAILABLE ON THE CLIMBER MONKEYS ABROAD WEBSITE, PHYSICAL OR BODILY INJURY TO YOURSELF OR OTHERS, INJURY TO PROPERTY, ERRORS, DEFECTS, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF CONTENT, DISCLOSURE OF COMMUNICATIONS OR ANY OTHER FAILURE OF PERFORMANCE.


IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”


13. Modifications


The terms listed within the Site may be modified by Climber Monkeys Abroad from time-to-time without notice. Continuing to use the Site after a modification has been made will indicate your acceptance of the revisions made. You should refer back to the Site for future updates and modifications.


14. Privacy Policy


Climber Monkeys Abroad respects the privacy of the visitors to the Site. We will not sell or rent your personal identifying information to anyone. We only have access to information collected that you voluntarily give us via email, via direct contact with you or when you place an order. We will use your information to respond to you regarding the reason you contact us and to process your order. We do not share your information with any third party outside organization, other than as necessary to fulfill your request. Please consult the privacy policy of Teachable as to how they collect and use information. If you would like to see or change any information held by Climber Monkeys Abroad, you may contact us at at the address provided at the end of these Terms of Use. 


15. Dispute Resolution; Binding Arbitration

 

If a dispute should arise between you and Climber Monkeys Abroad, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable at the address provided at the end of these Terms of Use. 


If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

15.1 Agreement to Arbitrate Disputes


You and Climber Monkeys Abroad agree to resolve any claims relating to these Terms of Use through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Climber Monkeys Abroad’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Climber Monkeys Abroad may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.


Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court. Any arbitration under these Terms of Use will be conducted pursuant to the prevailing rules of JAMS. These rules are different from those found in court because, among other reasons, there is no judge or jury, and review by a court is very limited. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com.


An arbitrator can award the same damages and relief as a court, however, and must honor the same limitations stated in these Terms of Use as a court would. The arbitrator’s award shall be binding and may be entered as a judgement in court of competent jurisdiction to the fullest extent permitted by applicable law.


All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and will not affect any other customer. You and Climber Monkeys Abroad agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in doing so you waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind.


YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.


16. Governing Law


These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. For any action or disputed related to these Terms or your purchase of an item through the Site that is not subject to arbitration under these Terms, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Orange County, California.


17. Severability


If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.


18. General Information


These Terms of Use constitute the entire agreement between you and Climber Monkeys Abroad and govern your use of the Site and Content, superseding any prior version of these Terms of Use between you and Climber Monkeys Abroad with respect to the Site and Content. Any headings or summaries provided on this page are used for reference purposes only and do not serve any legal effect. By accessing the Site and Content, you agree to be bound by the terms and conditions herein.


19. Questions OR CONTACT

 

If you have any questions regarding these Terms of Use, please contact us at


Attn: Ryan Blanchard

Climber Monkeys Abroad LLC

1930 Village Center Cir. #3-7891

Las Vegas, Nevada 89134

E-mail: [email protected]