TERMS AND CONDITIONS OF USE 

Last Updated: 8/6/2021 

The following Terms and Conditions of Use (“Terms”) are entered into by and between You and Face The Climb, LLC (“Company,” “we” or “us”). 

These Terms, together with our Privacy Policy, Disclaimer, and any other documents expressly  incorporated by reference, govern your use of the website www.facetheclimb.com (“Website”), including  all materials, resources, information, and services on the Website, whether as a guest or  registered user. 

Your access to and use of the Website is conditioned on your acceptance of and compliance  with these Terms. These Terms apply to all visitors, users, customers, and others who access or  use the Website. 

By accessing or using the Website you agree to be bound by these Terms, without  modification, and acknowledge reading them. If you disagree with any part of the Terms, you  may not access the Website. 

PRIVACY POLICY 

Your use of the Website is also subject to the Company’s Privacy Policy https://facetheclimb.com/privacy-policy. Please  review our Privacy Policy, which also governs the Website and informs users of our data  collection practices. Your agreement to the Privacy Policy is hereby incorporated into these  Terms. 

DISCLAIMER 

Your use of the Website is also subject to the Company’s Disclaimer https://facetheclimb.com/disclaimer . Please  review our Disclaimer, which also governs the Website and informs users of various limitations  regarding the information provided on the Website. Your agreement to the Disclaimer is hereby  incorporated into these Terms. 

USE OF THE WEBSITE 

To access or use the Website, you must be 18 years of age or older and have the requisite  power and authority to enter into these Terms. Children under the age of 18 are prohibited  from using the Website. Information provided on the Website and any resources provided on  or available for download from the Website are subject to change. The Company makes no  representation or warranty that the information provided, regardless of its source, is accurate,  complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy,  error, or incompleteness in the information provided.

The Company reserves the right to withdraw or amend this Website and any service or material  provided on the Website in its sole discretion without notice. The Company will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From  

time to time, the Company may restrict access to some parts of the Website, or the entire  Website, to users, including registered users. 

LAWFUL PURPOSES 

You may use the Website for lawful purposes only. You agree to be financially responsible for  all purchases made by you or someone acting on your behalf through the Website. You agree to  use the Website and to purchase services or products through the Website for legitimate, non commercial purposes only. You shall not post or transmit through the Website any material  that violates or infringes the rights of others, or that is threatening, abusive, defamatory,  libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise  objectionable, contains injurious formulas, recipes, or instructions, that encourages conduct  that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. 

USE OF FREE DOWNLOADABLE CONTENT 

The Company may make resources on this Website accessible to users in exchange for providing an e-mail address (“Gated Content”). The Company grants you a limited, personal,  non-exclusive, non-transferable license to use the Gated Content for your own personal or  internal business use. Except as otherwise provided, you acknowledge and agree that you have  no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter,  enhance or in any way exploit any of the Gated Content in any manner. 

By accessing or downloading the Gated Content, you agree that the Gated Content you may  only be used by you for your personal or internal business use and may not be sold or  redistributed without the express written consent of the Company. 

By accessing downloading the Gated Content, you further agree that you shall not create any  derivative work based upon the Gated Content and you shall not offer any competing products  or services based upon any information contained in the Gated Content. 

MATERIAL YOU SUBMIT TO THE WEBSITE 

By posting, uploading, submitting, inputting, providing, or otherwise making available any  artwork, photos, written works, or other media, including feedback and suggestions (collectively, “Submissions”), you are granting the Company, our affiliated companies, and any  necessary sub-licensees a worldwide, nonexclusive, irrevocable license to use your Submission  for promotional, business development, and marketing purposes including, without limitation,  the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit,  translate, and reformat your Submission; and to publish your name in connection with your  Submission.

We claim no intellectual property rights over the Submissions you supply to the Company. You  retain copyrights and any other rights you may rightfully hold in any Submissions that you  submit through the Website.  

You shall not upload, post, submit, input or otherwise make available on the Website any  Submissions protected by copyright, trademark, or other proprietary right without the express  written permission of the owner of the copyright, trademark, or other proprietary right, and the  burden of determining that any Submissions are not so protected rests entirely with you. You  shall be liable for any damage resulting from any infringement of copyrights, trademarks, or  other proprietary rights, or any other harm resulting from such a Submission.  

For all Submissions submitted by you to the Website, you automatically represent or warrant  that you own or otherwise control all the rights to your Submission described herein including the authority to use and distribute the Submission, and that the use or display of the  Submission as contemplated in this section will not violate any laws, rules, regulations, or rights  of third parties. You agree to hold the Company harmless from and against all claims, liabilities,  and expenses arising out of any potential or actual copyright or trademark misappropriation or  infringement claimed against you arising from Submissions you submit through the Website. 

You further you grant us the right to use your Submission for the purpose of improving our  Website, products or services (and for any other purpose we deem necessary or desirable)  without being obliged to pay you any compensation for our use of your Submission. The  Company is under no obligation to post or use any Submission you may provide and may  remove any Submission at any time in the Company’s sole discretion. If you do send us  unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to  provide any acknowledgement of their source. 

OUR INTELLECTUAL PROPERTY 

The Website contains intellectual property owned by the Company, including trademarks,  copyrights, proprietary information, and other intellectual property. We reserve all rights in and  to our common law and registered trademarks, service marks, copyrights, and other intellectual  property rights, including but not limited to text, graphics, photographs, video, design, and  packages, belonging to the Company or to our licensors (“IP”). You may not modify, publish,  transmit, participate in the transfer or sale of, create derivative works from, distribute, display,  reproduce or perform, or in any way exploit in any format whatsoever any of our IP in whole or  in part, without our prior written consent. We reserve the right to immediately block your  access to the Website and remove you from any service, without refund, if you are caught  violating this intellectual property policy. 

You are granted a non-exclusive, non-transferable, revocable license to access and use the  Website and the resources available for download from the Website (the “Content”) strictly in  accordance with these Terms of Use.

As a condition of your use of the Website, you warrant to the Company that you will not use  the Content for any purpose that is unlawful or prohibited by these Terms. You may not use the  Content in any manner that could damage, disable, overburden, or impair the Website or  interfere with any other party’s use and enjoyment of the Website. You may not obtain or  attempt to obtain any materials or information through any means not intentionally made  available or provided for through the Website. 

All content included as part of the Content, such as text, graphics, logos, images, as well as the  compilation thereof, and any software used on the Website, is the property of the Company or  its suppliers and protected by copyright and other laws that protect intellectual property and  proprietary rights. You agree to observe and abide by all copyright and other proprietary  notices, legends or other restrictions contained in any such content and will not make any  changes thereto. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale,  create derivative works, or in any way exploit any of the Content, in whole or in part. 

The Content is not for resale. Your use of the Content does not entitle you to make any  unauthorized use of any protected content, and in particular you will not delete or alter any  proprietary rights or attribution notices in any Content. You will use protected content solely  for your individual use and will make no other use of the Content without the express written  permission of the Company and the copyright owner. You agree that you do not acquire any  ownership rights in any protected content. We do not grant you any licenses, express or  implied, to the intellectual property of the Company or our licensors except as expressly  authorized by these Terms. 

The Company name, the Company logo, the Company slogan, and all related names, logos,  product and service names, designs, and slogans are trademarks of the Company or its affiliates  or licensors. You must not use such marks without the prior written permission of the  Company. All other names, logos, product and service names, designs and slogans on this  Website are the trademarks of their respective owners. 

CHANGED TERMS 

We may at any time amend these Terms, including our Privacy Policy and Disclaimers. The date  of the last revision will be indicated by the “Last updated” date at the top of this page. Such  amendments are effective immediately upon notice to you by us posting the new Terms on this Website. We reserve the right to update any portion of our Website, including these Terms, at  any time. If you continue to use our Website after we have made revisions, your continued use  constitutes consent to the revised Terms, Privacy Policy and Disclaimers.

WARRANTIES 

While we make every effort to ensure that the content on this Website is free from errors, we  do not give any warranty or other assurance as to the accuracy, completeness, timeliness or  fitness for any particular purpose of the content and materials on this site beyond reasonable  efforts to maintain the site. To the maximum extent permitted by law, we provide our website  and related information and services on an "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY  WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND (WHETHER EXPRESS,  IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING BUT NOT LIMITED TO WARRANTIES OF  NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. 

LIMITATION OF LIABILITY 

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT,  INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES  ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS OR SERVICES  AVAILABE THROUGH THE WEBSITE.  

ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY  FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION,  DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR  SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS,  GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED  ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF  OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER  SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL  LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE  FORESEEN THE DAMAGES.  

IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE  DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO  EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE  OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM THE COMPANY. 

AVAILABILITY 

Your use of the Website and any associated services may sometimes be subject to interruption  or delay. Due to the nature of the Internet and electronic communications, we and our service  providers do not make any warranty that our Website or any associated resources or services  will be error-free, without interruption or delay, or free from defects in design. We will not be  

liable to you should our Website or the resources or services supplied through our Website  become unavailable, interrupted or delayed for any reason. 

MALICIOUS CODE

Although we endeavor to prevent the introduction of viruses or other malicious code  (“malicious code”) to our Website, we do not guarantee or warrant that our Website, or any  data available on the Website, does not contain malicious code. We will not be liable for any  damages or harm attributable to malicious code. You are responsible for ensuring that the  process you employ for accessing our Website does not expose your computer system to the  risk of interference or damage from malicious code. 

SECURITY 

The security of your contact information is of utmost importance to us. However, you  acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such  unauthorized access or alteration. All information transmitted to or from you is transmitted at  your own risk, and you assume all responsibility and risks arising in relation to your use of this  Website and the internet. We do not accept responsibility for any interference or damage to  your computer system that may arise in connection with your access of this Website or any  outbound hyperlinks. 

THIRD PARTY RESOURCES 

The Website contains links to third party websites and resources. You acknowledge and agree  that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement  by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk  arising from your use of any such websites or resources. 

The Company may, from time to time, provide information from a third party in the form of a  guest post or interview, in written, audio, video, or other medium. The Company does not  control the information provided by such third-party guests, is not responsible for investigating  the truth of any information provided, and cannot guarantee the veracity of any statements  made by such guests. 

INDEMNIFICATION 

You shall indemnify and hold us harmless from and against any and all losses, damages,  settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims  and causes of action, including, without limitation, attorney’s fees, arising out of your breach of  any of these Terms, your use of the Website, its content, and any product or service purchased  from the Website, or your failure to maintain the confidentiality and/or security of your  password or access rights to this Website and its resources. You shall provide us with such  assistance, without charge, as we may request in connection with any such defense, including,  without limitation, providing us with such information, documents, records, and reasonable  access to you, as we deem necessary. You shall not settle any third-party claim or waive any  defense without our prior written consent.

EFFECT OF HEADINGS; SEVERABILITY 

The subject headings of the paragraphs and subparagraphs of this Agreement are included for  convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms are held to be unenforceable or contrary to law, such portion shall  be construed in accordance with applicable law so as to best accomplish the objectives of the  original provision to the fullest extent allowed by law, and the remainder of the provisions shall  remain in full force and effect. 

ENTIRE AGREEMENT; WAIVER 

These Terms, together with the Privacy Policy and Disclaimers, constitute the entire agreement  between you and the Company pertaining to the Website and supersedes all prior and  contemporaneous agreements, representations, and understandings between us. Any waiver  by us of a breach of or right under these Terms will not constitute a waiver of any other or  subsequent breach or right. No waiver shall be binding unless executed in writing by the  Company. 

GOVERNING LAW; JURISDICTION; MEDIATION 

These Terms, including with the Privacy Policy and Disclaimers shall be construed in accordance  with, and governed by, the laws of the State of CT, and the courts of CT shall  have jurisdiction to hear and determine any dispute arising in relation to these Terms. You  agree that any proceeding relating to use of this site must be filed exclusively in the appropriate  courts located in CT and you submit to the jurisdiction of those courts and waive any  objection based on an inconvenient forum or other reasons. 

The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or  relating to these Terms by mediation. The parties further agree that their respective good faith  participation in mediation is a condition precedent to pursuing any other available legal or  equitable remedy, including litigation, arbitration, or other dispute resolution procedures. 

ALL RIGHTS RESERVED 

All rights not expressly granted in these Terms are reserved by us. If you do not see a usage  scenario here that applies to your intended usage contact us at jen@facetheclimb.com

CONTACT INFORMATION 

The owner of this website is Face The Climb, LLC. You may contact us by email at jen@facetheclimb.com