Website Terms of Use
These Website Terms of Use ("Agreement") constitute a binding agreement between you and Project NORA, LLC, operating as Climb NORA, a Washington limited liability company ("Climb NORA," "we," or "our"). This Agreement governs your access to and use of the website www.climbnora.com and its associated subdomains (the "Site") and any content, services, or functionalities offered on the Site (collectively, the "Services").
1. Limitation of Liability
1.1 Warranty Disclaimer
The Site and Services are provided to you on an "as-is" basis, without any warranties of any kind, whether express or implied. Climb NORA disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Site or Services will meet your expectations, operate without interruptions, or be free of errors.
1.2 Limitation of Damages
Climb NORA is not liable for any damages arising out of or related to your use of the Site or Services, including direct, indirect, incidental, special, or consequential damages. This includes but is not limited to damages resulting from personal injury, loss of data, or disruptions to service, even if Climb NORA was notified of the potential for such damages. Climb NORA's maximum liability is limited to the amount you paid for the Services in the prior year.
2. Third-Party Links
The Site may contain links to third-party websites or applications that are not owned or controlled by Climb NORA. We do not endorse these third-party sites and are not responsible for their content, terms of use, or privacy practices. You use these third-party sites at your own risk and agree that Climb NORA will not be held liable for any issues arising from your use of third-party sites
2.1 Third-Party Content
Content on third-party websites or services linked from the Site ("Third-Party Content") is provided "as-is" and may not be copied, used, or redistributed without permission from the third-party owner. Climb NORA does not verify the accuracy or safety of Third-Party Content and disclaims any responsibility for it. You waive any claims against Climb NORA for any damages arising from your use of Third-Party Content.
2.2 Third-Party Product and Service Providers
Climb NORA may engage third-party providers to assist in the operation of the Site or Services (such as hosting, networking, payment processing, etc.). While we will try to address any service failures, we are not responsible for any third-party provider's failure to deliver services required to operate the Site.
2.3 Third-Party Software
The Site may include third-party software components that are governed by separate license agreements. You are permitted to use such third-party software only in accordance with these Terms and any relevant third-party terms.
2.4 Interoperation with Third-Party Systems
The Site may also be compatible with third-party operating systems and applications that are not provided or authorized by Climb NORA. It is your responsibility to obtain the necessary licenses for these third-party systems.
3. Termination of Access
Climb NORA may terminate or suspend your access to the Site and Services at any time for any reason, including violations of these Terms. Upon termination, you must immediately cease using the Site and Services and, if applicable, delete any copies in your possession.
4. Intellectual Property Rights
4.1 Ownership of Content
All content on the Site, including but not limited to text, graphics, images, software, logos, and audio files (collectively, "Content") is the exclusive property of Climb NORA or its licensors and is protected by copyright and other intellectual property laws. You are granted a limited, non-transferable license to use the Content only for personal, non-commercial purposes.
4.2 License Grant
Climb NORA grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and Services for personal, non-commercial purposes, provided that you comply with this Agreement.
5. Indemnification
You agree to indemnify, defend, and hold harmless Climb NORA and its affiliates, officers, agents, and employees from any claims, losses, or damages, including legal fees, arising out of or related to your use of the Site or Services, or your violation of these Terms.
6. Jurisdiction and Dispute Resolution
6.1 Governing Law
This Agreement shall be governed by the laws of the State of Washington. You and Climb NORA agree to attempt to resolve any disputes through good-faith negotiations. If negotiations fail, disputes will be resolved by binding arbitration in Washington State under the rules of the American Arbitration Association.
6.2 Venue
Any arbitration or dispute resolution will take place in the State of Washington, and any judgment resulting from such proceedings may be enforced in a court of competent jurisdiction.
7. Modification of Agreement
Climb NORA reserves the right to amend or update this Agreement at any time by posting a revised version on the Site. You are responsible for reviewing the updated Terms, and your continued use of the Site constitutes your acceptance of any changes.
8. Geographic Restrictions
The Site and Services are controlled and operated from the United States, and Climb NORA makes no claims about the accessibility or appropriateness of the Site or Services outside the United States. If you access the Site from outside the U.S., you do so at your own risk and are responsible for complying with local laws.
9. Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of law, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable.
10. General Provisions
10.1 Governing Law, Jurisdiction, and Dispute Resolution
This Agreement is governed by the laws of the State of Washington. Any disputes arising from or relating to these Terms will be resolved through binding arbitration, as described in Section 6.
10.2 Transferability
This Agreement is binding on you and Climb NORA and their respective successors, assigns, and personal representatives. You may not transfer or assign any rights under this Agreement without Climb NORA's written consent.
10.3 Completeness and Severability
This Agreement, along with any legal notices posted on the Site, constitutes the entire understanding between you and Climb NORA regarding the use of the Site and Services. If any provision is found to be invalid, it will be severed, and the remaining provisions will continue in effect.
10.4 Waivers
No waiver of any provision of this Agreement will be considered valid unless it is in writing and signed by Climb NORA. A waiver of any breach of this Agreement does not constitute a waiver of future breaches.
10.5 Other Terms
Words such as "hereof," "herein," and similar terms refer to this entire Agreement. Terms like "includes" or "including" are intended to be illustrative and not limiting.
10.6 Modification of Terms and Services
Climb NORA may modify or suspend the Site or Services or any part thereof at any time. We will post notifications of changes on the Site, and your continued use after such modifications constitutes acceptance.
10.7 Questions or Concerns
For any questions regarding this Agreement, please contact Climb NORA at hello@climbnora.com or mail us at: Project NORA, LLC, Attn: Website Terms of Use Questions 30820 Pacific Hwy S, Federal Way, WA 98003