Terms and Conditions
Last updated: 9/24/18
Please read these Terms and Conditions ("Terms," "Terms and Conditions") carefully before using this website www.everlastclimbing.com (”Website”) operated by Everlast Climbing.
Your access to and use of this Website is conditioned upon your acceptance of and compliance with the following Terms. These Terms apply to all visitors, users, and others who wish to access or use this Website.
By accessing or using this Website you agree to be bound by these Terms. If you disagree with any part of the Terms, you do not have permission to access this Website.
If you purchase any product or service made available through this Website ("Purchase"), you may be asked to supply certain information relevant to your Purchase, including but not limited to, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal authority to use any credit card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you supply to Everlast Climbing is true, correct, and complete.
Everlast Climbing reserves the right to refuse or cancel your order at any time for any reason. This may include product or service availability, product or service errors in the description or price, errors in your order, or other reasons.
Everlast Climbing reserves the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors, and Inaccuracies
Everlast Climbing is constantly updating product and service offerings on this Website. Everlast Climbing may experience delays in updating information on this Website and in its advertising on other websites. The information found on this Website may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on this Website; therefore, Everlast Climbing cannot guarantee the accuracy or completeness of any information found on this Website.
Everlast Climbing reserves the right to change or update information. This may include correcting errors, inaccuracies, or omissions.
Contests, Sweepstakes, and Promotions
When you create an account with Everlast Climbing, you guarantee you are over the age of 18 and that the information you provide is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on this Website.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to, the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with this Website or a third-party service. You must notify Everlast Climbing immediately if you become aware of any breach of security or unauthorized use of your account.
In choosing a username, you may not use the name of another person or entity not lawfully available for use. This includes a name or trademark subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
Everlast Climbing reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Everlast Climbing respects the intellectual property rights of others. It is Everlast Climbing’s policy to respond to any claim alleging Content posted on this Website infringes on the copyright or other intellectual property rights of others.
If you are a copyright owner, or authorized on behalf of one, and you believe the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim, via email, to: email@example.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims."
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through this Website on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Everlast Climbing’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on this Website where the material you claim is infringing is located;
- your address, telephone number, and email address;
- a statement that you have good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement, made under penalty of perjury, that the above information in your notice is accurate and you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact Everlast Climbing’s Copyright Agent, via email, at firstname.lastname@example.org.
This Website and its original content, features, and functionality are and will remain the exclusive property of Everlast Climbing and its licensors. This Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Everlast Climbing’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Everlast Climbing.
Links To Other Websites
This Website may contain links to third-party websites or services not owned or controlled by Everlast Climbing.
Everlast Climbing has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. Everlast Climbing does not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Everlast Climbing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
Everlast Climbing strongly advises you to read the terms and conditions and privacy policies of any third-party websites or services you visit.
Everlast Climbing may terminate or suspend your account without prior notice, at its sole discretion. This includes any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using this Website.
All Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree to defend, indemnify, and hold harmless Everlast Climbing and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of this Website, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Everlast Climbing, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use this Website; (ii) any conduct or content of any third party on this Website; (iii) any content obtained from this Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Everlast Climbing has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of this Website is at your sole risk. This Website is provided on an "AS IS" and "AS AVAILABLE" basis. This Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Everlast Climbing, its subsidiaries, affiliates, and its licensors do not warrant: a) this Website will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) this Website is free of viruses or other harmful components; or d) the results of using this Website will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Tennessee, United States, without regard to its conflict of law provisions. The parties agree that any cause of action be filed in the Jurisdiction of the United States District Court for the Eastern District of Tennessee and all Tennessee state courts sitting in Hamilton County, Tennessee, for the purpose of any litigation in which the parties may be involved which concerns this Agreement. It is further agreed that venue for any such action shall lie exclusively with courts sitting in Hamilton County, Tennessee.
Everlast Climbing’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between the parties regarding Everlast Climbing’s Website and supersede and replace any prior agreements the parties might have had regarding this Website.
Everlast Climbing reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, Everlast Climbing will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Everlast Climbing’s sole discretion.
By continuing to access or use Everlast Climbing’s Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use this Website.
If you have any questions about these Terms and Conditions, please contact us.
Attn: Corporate Director of Digital Engagement
544 Chestnut Street
Chattanooga, TN 37402
Phone: (877) 762-7563