Everclimb Terms and Conditions
Last Updated: June 2, 2026
Agreement to Our Legal Terms
These Terms and Conditions, together with any documents, policies, or additional terms that expressly reference them, are a legally binding agreement between you and Everclimb LLC (“Everclimb,” “Company,” “we,” “us,” or “our”).
Everclimb operates products and services under the Climbary and AMPclimb brands.
Our Services include, without limitation:
Climbary, a mobile application and related services for climbers to track climbs, log attempts and sends, maintain a climbing diary, connect with gyms, follow gym updates, and use other climbing-related features;
AMPclimb, a web and mobile platform for climbing gyms, gym owners, managers, routesetters, staff, and authorized representatives to manage routes, wall photos, route tags, reset planning, analytics, announcements, events, leagues, competitions, and related gym operations;
websites, including Climbary.com, AMPclimb.com, and any other website that links to these Terms;
physical products, digital products, subscriptions, paid features, support services, communications, and related business activities.
Collectively, these are referred to as the “Services.”
You can contact us at:
Climbary inquiries: hello@climbary.com
AMPclimb inquiries: kyle@ampclimb.com
Mailing address: [11482 SW 175th Ct Dunnellon FL 34432]
By accessing or using the Services, creating an account, purchasing a subscription, buying a product, using Climbary, using AMPclimb, or otherwise interacting with the Services, you agree that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, you may not access or use the Services.
Table of Contents
Our Services
Eligibility and Minors
Accounts and Registration
Gym, Staff, and Business Accounts
Climbing Risk and Safety Disclaimer
Subscriptions, Purchases, Trials, and Payment
Cancellation and Refunds
Physical Products and Route Tag Supplies
User Content and Contributions
Contribution License
Feedback
Intellectual Property Rights
License to Use the Services
Mobile Application License
App Store and Google Play Terms
Acceptable Use and Prohibited Activities
Community, Events, Leagues, Competitions, and Challenges
Gym Data, Route Data, and Staff Responsibilities
Privacy Policy
Third-Party Services
Service Management
Beta, Experimental, and Early Access Features
Service Availability, Modifications, and Interruptions
Term and Termination
User Data and Backups
Copyright and Intellectual Property Complaints
Disclaimers
Limitations of Liability
Indemnification
Governing Law
Dispute Resolution and Arbitration
Class Action Waiver
Exceptions to Arbitration
Electronic Communications and Signatures
California Users and Residents
Miscellaneous
Contact Us
1. Our Services
Everclimb provides software, tools, and related services for climbers and climbing gyms.
Climbary is designed to help climbers track their climbing activity, record route attempts and sends, maintain a climbing diary, follow gyms, receive gym updates, and use related climbing features.
AMPclimb is designed to help climbing gyms and authorized staff manage gym route data, wall photos, route tags, reset workflows, staff tasks, announcements, events, analytics, and related operations.
The Services are not intended for use in any jurisdiction where access or use would violate applicable law or require us to register in that jurisdiction. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
The Services are not designed to comply with every industry-specific regulation. Unless we expressly agree otherwise in a separate written agreement, the Services are not intended for use with information subject to specialized legal regimes such as HIPAA, GLBA, FISMA, or similar laws.
2. Eligibility and Minors
By using the Services, you represent and warrant that:
you have the legal capacity to agree to these Terms;
you are not prohibited from using the Services under applicable law;
the information you provide is accurate, current, and complete;
you will comply with these Terms and all applicable laws.
The Services are not directed to children under 13. If you are under the age of majority in your jurisdiction, you may use the Services only with the permission and supervision of a parent or legal guardian.
If you are a parent or guardian allowing a minor to use the Services, you are responsible for the minor’s use of the Services and agree to these Terms on the minor’s behalf.
Climbing gyms, coaches, teams, schools, youth programs, or organizations using the Services in connection with minors are responsible for obtaining all legally required permissions, consents, waivers, and approvals.
3. Accounts and Registration
You may be required to create an account to use certain features of the Services.
When creating or using an account, you agree to:
provide accurate, complete, and current information;
maintain and promptly update your account information;
keep your login credentials confidential;
notify us promptly if you suspect unauthorized access to your account;
accept responsibility for all activity that occurs under your account.
We may remove, reclaim, suspend, or change usernames, profile names, gym names, or account identifiers if we determine, in our discretion, that they are inappropriate, misleading, infringing, offensive, confusing, inactive, or otherwise problematic.
You may not create an account for someone else without authorization. You may not sell, rent, transfer, or share your account except as expressly permitted by us.
4. Gym, Staff, and Business Accounts
AMPclimb may be used by gym owners, managers, routesetters, staff, contractors, coaches, and other authorized representatives.
If you create, claim, manage, or use a gym account, you represent and warrant that:
you are authorized to act on behalf of the gym, organization, or business;
you have authority to bind that gym, organization, or business to these Terms;
all information you provide about the gym is accurate and current;
you will manage staff access responsibly;
you will comply with all applicable laws and gym policies;
you will not misuse climber, staff, member, or customer information;
you will not grant access to anyone who is not authorized to access the gym’s account or data.
Everclimb may approve, deny, suspend, or revoke gym claims, staff permissions, or business access in our discretion.
If your gym, organization, or business enters into a separate written agreement with Everclimb, that separate agreement will control to the extent it conflicts with these Terms.
5. Climbing Risk and Safety Disclaimer
Climbing is inherently dangerous.
Indoor climbing, outdoor climbing, bouldering, rope climbing, lead climbing, training, competitions, leagues, events, and related activities involve serious risks, including injury, paralysis, death, property damage, equipment failure, falls, collisions, improper spotting, belay errors, route-setting hazards, and other risks.
The Services are digital tools only. The Services do not replace:
professional instruction;
gym rules;
staff supervision;
proper training;
safe route setting;
safe equipment use;
proper belaying;
spotting;
inspection of holds, walls, pads, ropes, anchors, harnesses, or other equipment;
personal judgment;
medical advice;
legal advice;
emergency services.
Everclimb does not guarantee that any route, wall, hold, tag, grade, reset notice, route description, recommendation, training suggestion, competition route, league route, or gym-posted content is safe, accurate, complete, suitable, or appropriate for you.
You are solely responsible for deciding whether to climb, attempt a route, follow a recommendation, participate in an event, use a gym feature, or rely on any information in the Services.
Use the Services at your own risk.
6. Subscriptions, Purchases, Trials, and Payment
Certain Services, products, subscriptions, premium features, physical products, digital products, or add-ons may require payment.
You agree to provide current, complete, and accurate billing, payment, shipping, and account information for all purchases.
We may use third-party payment processors, app stores, or commerce platforms to process payments. Depending on how you purchase, your payment may be subject to the terms and policies of Apple, Google, Stripe, PayPal, Shopify, or another payment processor or platform.
Prices, features, product availability, subscription plans, and trial offers may change at any time unless otherwise required by law or agreed in writing.
If you purchase a recurring subscription, you authorize the applicable payment provider to charge your selected payment method on a recurring basis until you cancel. The renewal period, price, trial terms, and cancellation instructions will be disclosed at or before purchase.
We reserve the right to correct pricing errors, even if we have already requested or received payment. We may refuse, limit, or cancel orders in our discretion, including orders that appear fraudulent, abusive, unauthorized, or placed by resellers or distributors.
7. Cancellation and Refunds
You may cancel a subscription according to the instructions provided in the Services, your account settings, or the applicable app store or payment platform.
Cancellation generally takes effect at the end of the current billing period unless otherwise stated or required by law.
Unless otherwise required by law or stated in writing at the time of purchase:
digital purchases are non-refundable;
subscription payments are non-refundable after the billing period begins;
physical product purchases are non-refundable once processed, except for defective, damaged, or incorrect items as determined by us.
If you purchased through Apple App Store or Google Play, refund requests may need to be handled through Apple or Google according to their policies.
For Climbary billing questions, contact hello@climbary.com.
For AMPclimb billing, gym, or product questions, contact kyle@ampclimb.com.
8. Physical Products and Route Tag Supplies
Everclimb may sell physical products, including route tag supplies, grade card placards, sticker sheets, printed materials, or related climbing gym operations products.
Physical products are provided for operational, labeling, display, or organizational purposes only. They are not safety equipment.
Gyms and purchasers are responsible for:
selecting appropriate products;
installing products safely;
ensuring products are suitable for their walls, surfaces, and environment;
complying with gym rules, building requirements, and applicable laws;
inspecting products before use;
replacing worn, damaged, or unsuitable products.
We do not guarantee that any physical product will be suitable for every climbing wall, surface, adhesive condition, gym environment, or operational use case.
Product photos, mockups, previews, colors, finishes, dimensions, and digital renderings may vary from the final manufactured product.
Shipping times, fulfillment estimates, and availability are not guaranteed unless expressly stated in writing.
9. User Content and Contributions
The Services may allow you to create, submit, upload, post, display, transmit, store, or share content, including:
climbing logs;
attempts and sends;
diary entries;
“No Climb” notes;
route notes;
session notes;
feedback;
ratings;
route photos;
wall photos;
profile photos;
gym photos;
event content;
announcements;
competition or league submissions;
comments;
messages;
support communications;
route tags;
gym data;
other text, images, files, or materials.
This content is referred to as “User Content.”
You are solely responsible for your User Content and represent and warrant that:
you own your User Content or have all necessary rights, licenses, permissions, and consents to submit it;
your User Content does not violate any law or regulation;
your User Content does not infringe any third-party intellectual property, privacy, publicity, contractual, or other rights;
your User Content is not false, misleading, defamatory, obscene, harassing, hateful, abusive, threatening, discriminatory, sexually explicit, exploitative, or otherwise objectionable;
your User Content does not contain malware, spyware, tracking mechanisms, or harmful code;
your User Content does not expose private information about another person without permission;
your User Content does not endanger climbers, staff, gyms, or others.
We may remove, restrict, disable, or refuse User Content at any time in our discretion.
10. Contribution License
You retain ownership of your User Content.
By submitting User Content through the Services, you grant Everclimb a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, copy, display, process, transmit, modify, adapt, publish, distribute, and use your User Content as reasonably necessary to:
provide the Services;
operate Climbary and AMPclimb;
display content to you, gyms, staff, or other users according to the feature used;
process route logs, diary entries, wall photos, route tags, gym data, and related workflows;
maintain, secure, improve, and develop the Services;
provide support;
comply with law;
enforce these Terms.
The visibility of User Content depends on the feature used.
For example:
private diary content is intended to remain private unless shared by you or as described in the Privacy Policy;
private quick routes and private climbing lists are intended to remain user-owned and private unless shared by you;
official gym route interactions may be visible to authorized gym staff in gym-connected features;
gym announcements, wall photos, route tags, events, leagues, competitions, or staff-created data may be visible to climbers, staff, or other users depending on the feature;
public, social, partner, group, league, competition, challenge, or event content may be visible to other users.
We do not claim ownership of your User Content.
11. Feedback
If you send us ideas, suggestions, comments, feature requests, improvements, concepts, or other feedback about the Services (“Feedback”), you agree that we may use, copy, modify, publish, distribute, commercialize, or otherwise exploit that Feedback for any purpose without compensation, attribution, or obligation to you.
Feedback is not confidential unless we separately agree in writing.
12. Intellectual Property Rights
The Services, including software, source code, databases, systems, designs, interfaces, graphics, logos, trademarks, service marks, text, images, documentation, workflows, features, and other materials, are owned by or licensed to Everclimb and are protected by copyright, trademark, trade secret, and other intellectual property laws.
The names Everclimb, Climbary, AMPclimb, and related logos, marks, product names, and branding are trademarks or service marks of Everclimb or its licensors.
Except as expressly permitted by these Terms, you may not:
copy;
reproduce;
modify;
distribute;
sell;
license;
publicly display;
reverse engineer;
scrape;
extract;
create derivative works from;
use for competitive purposes;
exploit any part of the Services, Content, Marks, or software.
All rights not expressly granted are reserved.
13. License to Use the Services
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for their intended purpose.
For Climbary users, this generally means personal use of the climbing diary, route logging, gym connection, and related climber features.
For AMPclimb users, this generally means authorized use on behalf of a gym, business, or organization for gym operations and route management.
You may not use the Services for any purpose not expressly permitted by these Terms.
We may suspend or terminate this license at any time if you violate these Terms or if we discontinue the Services.
14. Mobile Application License
If you access the Services through a mobile application, we grant you a limited, revocable, non-exclusive, non-transferable license to install and use the application on a device that you own or control, solely for your permitted use of the Services.
You may not:
decompile, reverse engineer, disassemble, attempt to derive source code from, or decrypt the application, except as permitted by law;
modify, adapt, translate, or create derivative works from the application;
remove or obscure proprietary notices;
use the application for unauthorized commercial purposes;
make the application available over a network for unauthorized use by multiple users;
use the application to build or support a competing product or service;
use the application to send automated requests, spam, or unsolicited messages;
violate applicable laws or third-party terms while using the application.
15. App Store and Google Play Terms
If you download Climbary or any Everclimb mobile application through the Apple App Store, Google Play, or another app distributor, you agree to comply with that distributor’s applicable terms, rules, and policies.
For applications downloaded through the Apple App Store:
these Terms are between you and Everclimb, not Apple;
Apple is not responsible for the application or its content;
Apple has no obligation to provide maintenance or support for the application;
the license granted to you is limited to use on Apple-branded products you own or control, as permitted by Apple’s usage rules;
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you as a third-party beneficiary;
you represent that you are not located in a country subject to a U.S. government embargo or designated as a terrorist-supporting country and are not listed on any U.S. government restricted-party list.
For applications downloaded through Google Play, you agree to comply with Google Play’s applicable terms and policies, including payment, subscription, refund, and usage rules.
16. Acceptable Use and Prohibited Activities
You may use the Services only for lawful purposes and only in accordance with these Terms.
You agree not to:
use the Services for any illegal, fraudulent, harmful, abusive, or unauthorized purpose;
violate any law, regulation, contract, gym policy, or third-party right;
impersonate another person, user, gym, staff member, company, or organization;
submit false, misleading, or inaccurate information;
create unauthorized accounts;
sell, transfer, or share your account without authorization;
access or use another user’s account without permission;
scrape, harvest, mine, extract, or collect data from the Services without written permission;
use bots, scripts, crawlers, scrapers, automated systems, or data extraction tools without written permission;
interfere with, disrupt, overload, damage, or impair the Services;
bypass access controls, permissions, staff roles, paywalls, subscriptions, or security features;
attempt to gain unauthorized access to systems, accounts, data, APIs, databases, or networks;
upload malware, viruses, spyware, tracking tools, or harmful code;
reverse engineer, decompile, or attempt to derive source code except as permitted by law;
copy or use the Services to build a competing product or service;
misuse route data, gym data, member data, staff data, or user data;
harass, threaten, intimidate, abuse, defame, exploit, or harm another person;
post discriminatory, hateful, sexually explicit, violent, exploitative, or otherwise objectionable content;
expose private information about another person without permission;
submit fake route interactions, fake sends, fake witness confirmations, fake competition results, fake gym claims, or fraudulent data;
manipulate leaderboards, leagues, competitions, challenges, ratings, analytics, or route feedback;
use the Services to endanger climbers, staff, gyms, or the public;
use the Services to violate gym safety rules or event rules;
use the Services in a way that damages Everclimb’s reputation, goodwill, systems, or users.
Violation of these rules may result in suspension, termination, removal of content, loss of access, cancellation of purchases, removal from events, or legal action.
17. Community, Events, Leagues, Competitions, and Challenges
The Services may allow gyms, staff, or users to create or participate in events, leagues, competitions, challenges, circuits, partner boards, groups, or related community features.
Participation is voluntary and at your own risk.
Everclimb is not responsible for:
the safety of any event, league, competition, challenge, or gym activity;
the accuracy of gym-posted rules, scoring, route data, grades, schedules, or results;
disputes between participants, gyms, staff, coaches, or users;
injuries, damages, losses, or claims arising from participation;
disqualification, scoring decisions, witness confirmations, or gym-managed outcomes.
Gyms and event organizers are responsible for establishing and enforcing their own rules, eligibility requirements, waivers, safety practices, scoring methods, and participant communications.
We may remove, restrict, or modify event, league, competition, or challenge features at any time.
18. Gym Data, Route Data, and Staff Responsibilities
AMPclimb allows gyms and authorized staff to create and manage data such as:
gym profiles;
wall photos;
wall sections;
route tags;
grades;
route attributes;
setter names;
reset information;
staff tasks;
announcements;
events;
member lists;
analytics;
leagues;
competitions;
challenges;
other gym operations data.
Gyms and authorized staff are solely responsible for the accuracy, legality, safety, and appropriateness of the data they create or manage.
Gyms and staff agree not to:
upload content they do not have the right to use;
upload photos of people without appropriate rights, permissions, or legal basis;
misuse member, climber, staff, or customer information;
assign staff roles to unauthorized people;
publish false or misleading reset, event, competition, route, or safety information;
rely on AMPclimb as a substitute for professional judgment, safety inspections, route-setting standards, or gym operations procedures.
Everclimb may provide tools, analytics, suggestions, or workflows, but gyms remain responsible for their own operations, safety practices, employees, contractors, members, visitors, and legal compliance.
19. Privacy Policy
Your use of the Services is also governed by our Privacy Policy.
The Privacy Policy explains how we collect, use, disclose, retain, and protect personal information.
By using the Services, you agree that we may process information as described in the Privacy Policy.
The Privacy Policy is available through the Services and at the privacy pages for Climbary and AMPclimb.
20. Third-Party Services
The Services may integrate with, link to, or rely on third-party services, including:
payment processors;
app stores;
authentication providers;
cloud hosting providers;
analytics providers;
crash reporting tools;
mapping services;
email and communication tools;
shipping and fulfillment providers;
gym systems;
waiver systems;
POS systems;
social platforms;
other integrations.
We do not control third-party services and are not responsible for their content, availability, security, privacy practices, terms, or actions.
Your use of third-party services may be governed by separate terms and privacy policies.
21. Service Management
We reserve the right, but do not have the obligation, to:
monitor the Services for violations of these Terms;
investigate suspected misuse, fraud, abuse, or security issues;
remove, restrict, disable, or refuse content;
suspend or terminate accounts;
revoke gym claims or staff permissions;
restrict access to certain features;
block IP addresses or devices;
report unlawful conduct to law enforcement;
manage the Services to protect users, gyms, Everclimb, and our systems.
We may take any of these actions at any time in our discretion, without notice, to the fullest extent permitted by law.
22. Beta, Experimental, and Early Access Features
Some Services or features may be released as beta, experimental, preview, early access, or limited availability features.
These features may be incomplete, unstable, inaccurate, unavailable, or changed at any time.
We may add, remove, limit, or modify beta or experimental features without notice.
You use beta and experimental features at your own risk.
23. Service Availability, Modifications, and Interruptions
We may modify, suspend, discontinue, remove, replace, or limit any part of the Services at any time.
We do not guarantee that the Services will be uninterrupted, secure, accurate, error-free, or available at all times.
The Services may experience downtime, bugs, maintenance, data delays, technical problems, third-party outages, or other interruptions.
We are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services.
24. Term and Termination
These Terms remain in effect while you use the Services.
We may suspend, restrict, or terminate your access to the Services at any time if:
you violate these Terms;
you violate applicable law;
you misuse the Services;
your account creates risk or potential liability;
your payment fails;
your gym claim or staff authorization is invalid;
we discontinue the Services;
we determine that suspension or termination is appropriate.
If your account is terminated or suspended, you may not create another account without our permission.
Termination does not limit any rights or remedies available to us.
Sections that by their nature should survive termination will survive, including intellectual property, User Content licenses, disclaimers, limitations of liability, indemnification, dispute resolution, and miscellaneous provisions.
25. User Data and Backups
We may maintain data that you submit or generate through the Services for the purpose of operating, securing, improving, and supporting the Services.
Although we may perform backups, we do not guarantee that any data will be preserved, recoverable, or free from loss or corruption.
You are responsible for maintaining your own copies of information that is important to you, where appropriate.
We are not liable for loss, corruption, deletion, or failure to store data, except where liability cannot be limited under applicable law.
Some gym route history, logs, analytics, transaction records, security logs, or operational records may be retained as described in the Privacy Policy.
26. Copyright and Intellectual Property Complaints
If you believe content on the Services infringes your copyright or intellectual property rights, please contact us with:
your name and contact information;
identification of the copyrighted work or intellectual property;
identification of the allegedly infringing content;
the location of the content in the Services;
a statement that you have a good-faith belief the use is unauthorized;
a statement that the information you provide is accurate;
your physical or electronic signature.
Send copyright or intellectual property complaints to:
kyle@ampclimb.com
We may remove content alleged to be infringing and may terminate accounts of repeat infringers where appropriate.
27. Disclaimers
The Services are provided on an “as is” and “as available” basis.
To the fullest extent permitted by law, Everclimb disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, and security.
We do not warrant or represent that:
the Services will be uninterrupted, secure, or error-free;
defects will be corrected;
the Services will meet your expectations;
route data, grades, wall photos, analytics, reset notices, recommendations, event information, or gym content will be accurate or complete;
the Services will prevent injury, loss, disputes, or operational issues;
the Services are suitable for your specific climbing, gym, business, safety, legal, medical, or operational needs.
Everclimb does not provide medical, legal, safety, coaching, route-setting, engineering, insurance, tax, accounting, or professional advice through the Services.
You are responsible for your own decisions, actions, and use of the Services.
28. Limitations of Liability
To the fullest extent permitted by law, Everclimb, its owners, officers, employees, contractors, agents, affiliates, licensors, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, including lost profits, lost revenue, lost data, business interruption, goodwill loss, personal injury, property damage, or other damages arising out of or related to your use of the Services.
To the fullest extent permitted by law, Everclimb’s total liability for any claim arising out of or related to the Services or these Terms will not exceed the greater of:
the amount you paid to Everclimb for the Services giving rise to the claim during the six months before the claim arose; or
$100 USD.
Some jurisdictions do not allow certain limitations or exclusions of liability. In those jurisdictions, our liability will be limited to the maximum extent permitted by law.
29. Indemnification
You agree to defend, indemnify, and hold harmless Everclimb, its owners, officers, employees, contractors, agents, affiliates, licensors, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
your use of the Services;
your violation of these Terms;
your violation of applicable law;
your User Content;
your violation of another person’s rights;
your misuse of gym, staff, member, climber, route, or account data;
your participation in events, leagues, competitions, challenges, or climbing activities;
your gym’s operations, staff actions, route-setting decisions, safety practices, or member management;
your products, services, or business activities connected to your use of the Services.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.
30. Governing Law
These Terms and your use of the Services are governed by the laws of the State of Florida, without regard to conflict of law principles.
Except where arbitration is required below, you agree that any legal action or proceeding will be brought in the state or federal courts located in Florida, and you consent to the personal jurisdiction and venue of those courts.
31. Dispute Resolution and Arbitration
Please read this section carefully. It affects your legal rights.
Before filing a claim, you and Everclimb agree to first attempt to resolve any dispute informally for at least 30 days.
A party seeking to begin a dispute must send written notice describing the dispute and requested relief.
For notices to Everclimb, contact:
kyle@ampclimb.com
If the dispute is not resolved within 30 days, either party may proceed to binding arbitration, except for disputes excluded below.
To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration rather than in court.
The arbitration will be administered by the American Arbitration Association under its applicable rules. Arbitration may be conducted by phone, video, written submissions, or in person, as determined by the arbitrator and applicable rules.
The arbitrator will have authority to award the same individual remedies that a court could award, subject to these Terms.
Judgment on the arbitration award may be entered in any court of competent jurisdiction.
32. Class Action Waiver
To the fullest extent permitted by law, you and Everclimb agree that each party may bring claims only in an individual capacity and not as a plaintiff or class member in any class, collective, consolidated, private attorney general, or representative proceeding.
No arbitration or proceeding may be joined with another without the consent of all parties.
If this class action waiver is found unenforceable for a particular claim, that claim must proceed in court and not arbitration, unless otherwise required by law.
33. Exceptions to Arbitration
The following disputes are not required to be arbitrated:
disputes that qualify for small claims court;
disputes seeking to enforce or protect intellectual property rights;
disputes involving unauthorized access, theft, piracy, privacy invasion, or misuse of the Services;
claims for injunctive or equitable relief;
claims that cannot be subject to arbitration under applicable law.
Either party may seek temporary or preliminary injunctive relief in court to protect rights while arbitration is pending.
34. Electronic Communications and Signatures
By using the Services, sending emails, creating accounts, clicking buttons, completing forms, or making purchases, you consent to receive electronic communications from us.
You agree that electronic communications, notices, disclosures, agreements, policies, records, signatures, and transactions satisfy any legal requirement that such communications or records be in writing.
You consent to the use of electronic signatures, contracts, orders, and records.
35. California Users and Residents
If a complaint with us is not satisfactorily resolved, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
Department of Consumer Affairs
Consumer Information Center
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Phone: (800) 952-5210 or (916) 445-1254
36. Miscellaneous
These Terms, together with our Privacy Policy and any additional terms that apply to specific Services, constitute the entire agreement between you and Everclimb regarding the Services.
Our failure to enforce any provision of these Terms is not a waiver of that provision.
If any provision of these Terms is found unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity of the remaining provisions.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign or transfer our rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, financing, reorganization, or by operation of law.
There is no joint venture, partnership, employment, agency, franchise, or fiduciary relationship created between you and Everclimb by these Terms or your use of the Services.
We are not liable for failure or delay caused by events beyond our reasonable control, including acts of God, natural disasters, labor disputes, internet outages, cyberattacks, war, terrorism, government actions, supply chain issues, power failures, or third-party service interruptions.
37. Contact Us
To resolve a complaint, ask a question, request support, or receive further information about the Services, please contact us:
Everclimb LLC
[11482 SW 175th Ct Dunnellon FL 34432]
United States
Climbary: hello@climbary.com
AMPclimb: kyle@ampclimb.com