Climer Cards

Terms of Use

Welcome to the Climer Cards Website and related web application (https://www.climercards.com/) (collectively “Website”) of Climer Consulting, LLC. (“Climer Consulting”), a firm located in Ashsville, NC. These Terms of Use (“Terms of Use”) apply to users visiting or otherwise utilizing the Website, as visitors, licensees of Climer Consulting software, or sublicensees. Users may be referred to in these Terms of Use as “User”, “You”, “Your”, or “Yourself.” By accessing the Website and any pages thereof, You hereby consent to and accept these Terms of Use. If You do not agree to these Terms of Use, You may not use the Website.

 

Introduction

Climer Consulting will from time-to-time make changes to its Terms of Use, and when changes are made, Climer Consulting shall post such changes to its Website and request that all Users review the same. Then, Your continued use of the Website, or any services accessible through it after such posting or notification, shall serve as Your explicit consent to the modifications.

If You violate any of these Terms of Use, in Climer Consulting’s sole discretion, your right to use the Website will be terminated.

SERVICES & AUTHORIZED USE

Services offered by Climer Consulting on the Website are subject to applicable underlying agreements and licenses (collectively “Underlying Agreements”) for such services that You executed with Climer Consulting (including, but not limited to, the Master License Agreement and End User License Agreement). Additionally, these Terms of Use shall apply to any of Your sublicensees who are utilizing the Website pursuant to the Master Services Agreement. These Terms of Use are intended to supplement the underlying agreements and licenses and such underlying agreements and licenses shall control in the case of a conflict with these Terms of Use.

You are authorized to use the Website for Your own personal use (or the use of Your sublicensees, if any) and in accordance with these Terms of Use and the Underlying Agreements.

UNAUTHORIZED USE

You shall not use the Website in any illegal activity nor to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations.

You shall provide true, accurate, current and complete information about Yourself during sign up and as prompted by the registration form, if applicable. If any information provided by You is untrue, inaccurate, not current or incomplete, Climer Consulting has the right to terminate Your account and refuse any and all current or future use of the Website.

You shall not:

Monitor, gather or copy any content on this Website by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind;

Copy, modify or distribute any portion of the Website;

Use the Website to process data on behalf of any third party that is not subject to these Terms of Use or the underlying agreements and licenses;

Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout of the Website);

Engage in any activities through or in connection with this Website that seek to attempt to harm others or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party;

Attempt to circumvent the security systems of the Website;

Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any server controlled or utilized by Climer Consulting;

License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Website available to any third party;

Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;

Engage in any activity that interferes with a user’s access to this Website or the proper operation of this Website;

Impersonate any person or entity;

Resell or transfer the Website, or use of, or access to the Website to any third-party.

IF CLIMER CONSULTING BECOMES AWARE THAT YOU ARE ENGAGING IN ANY OF THE PROHIBITED ACTIVITIES LISTED ABOVE, OR OTHER CONDUCT, WHICH IN CLIMER CONSULTING’S SOLE DISCRETION IS HARMFUL TO CLIMER CONSULTING OR THE WEBSITE, CLIMER CONSULTING RESERVES THE RIGHT TO REVOKE YOUR RIGHT TO THE WEBSITE AND ANY PERMITTED USES THEREOF.

SITE MONITORING & COOKIES

Climer Consulting uses electronic means to track and monitor Your use of the Website. You acknowledge and agree that Climer Consulting has the right to electronically monitor Your use of the Website using various methods, and to disclose any of the collected information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or its subscribers. Climer Consulting reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.

Climer Consulting may use a cookie or similar text files on some pages of the Website. A cookie is an element of data that a website can send to your browser, which may then store it on your computer. A cookie does not retrieve any other data from Your hard drive, does not carry computer viruses and does not reveal anything about You that You have not already revealed. The Website makes extensive use of cookies to speed up certain functions by utilizing the processing capability of your browser and provide other benefits. You agree to turn on the use of cookies on your browser and acknowledge that the Website may not function properly without cookies being enabled.

Your interactions with Climer Consulting are further governed by the Climer Consulting Privacy Policy with we encourage You to read at the link https://app.climercards.com/privacy-policy.

LINKS TO OTHER WEBSITES

The Website may contain web links to third-party websites. These links are provided as a convenience to You and such third-party websites are not under Climer Consulting’s control. Climer Consulting makes no representations or warranties as to the accuracy and information on or from other websites. Please be advised that the privacy policy and security policy of third-party linked websites are not that of Climer Consulting.

ELECTRONIC MAIL SECURITY

Electronic mail over the Internet is not secure or confidential. Climer Consulting is not responsible for any damages in connection with electronic mail You send to Climer Consulting or electronic mail sent to You, at your request.

SOFTWARE AND HARDWARE REQUIREMENTS

To access the Website, You must obtain at your own expense access to the Internet which involves computer hardware (e.g., computers, cable modems, wi-fi routers, printers) and software (e.g., web browser) requirements. You are solely responsible for any fees and charges related to your access to the Internet, including but not limited to any Internet Service Provider (ISP) fees, telephone charges and cellular provider charges. Certain segments of the Website may require additional hardware and/or software to effectively use the Website. A .pdf file viewer software product may also be needed to view certain online documents. Climer Consulting requires You to use a web browser that supports adequate security measures which includes the use of Secure Socket Layer (SSL) encryption technology with minimum 128 bit encryption, and such standards may change from time-to-time as determined by Climer Consulting.

Climer Consulting recommends You use adequate anti-virus and anti-spyware software and that You keep such software current to help You avoid data compromise and related losses. You are responsible for selecting all such systems, hardware and your ISP. You are also responsible for any defect, malfunction or interruption in service or security due to hardware failure, your choice of ISP and systems and computer services. Climer Consulting is not responsible for any computer virus or related computer hardware and software problems that may arise with your use of the Website services over the Internet.

COPYRIGHTS, TRADEMARKS AND/OR RESTRICTIONS ON USE

You acknowledge and agree that Climer Consulting owns all right, title, and interest to the Website and all content and works of authorship displayed on the Website, except where expressly noted; including without limitation photos, text, icons, source code, video, software, graphics and sound recordings (including how such information and materials are arranged on the Site).

Such items are protected by copyright and/or other laws. You are authorized to view such information and materials on the Website only for Your own purposes. You may not copy, distribute, disseminate, sell, reproduce, display, link to, license, create derivative works of or republish the Website or any portion of the Website for any commercial or public purpose without Climer Consulting’s prior express written consent.

In addition, you acknowledge and agree, that Climer Consulting (or others, as indicated) owns the trademarks, service marks, registered service marks or registered trademarks and logos (each referred to as “Marks”) which are displayed on the Website. You shall not use such Marks without the prior express written consent of Climer Consulting or the indicated third-party that may own the Marks. You agree that except as expressly provided herein, Climer Consulting has granted You no license, rights in or rights to use any of the Marks; Climer Consulting and/or applicable third parties and licensors retain all rights to the Marks.

YOUR ACCOUNT, YOUR INFORMATION, AND HACKING

You are responsible for maintaining the confidentiality of Your account, usernames and passwords, and for restricting access to Your computer. You agree to accept responsibility for all activities that occur under your account or password and shall immediately notify Climer Consulting of any unauthorized use of Your account or credentials.

If you need help accessing or removing any of Your information, please contact Climer Consulting at help@climercards.com

Climer Consulting tries to ensure that the Website is secure and that the information shared with us is safe. However, no security measure is perfect, and unauthorized intrusions into the Website are possible. You acknowledge and agree that Climer Consulting shall not be responsible for any damages stemming from such unauthorized intrusions or disruption of the Website.

WARRANTY DISCLAIMER

THE INFORMATION, MATERIALS AND SERVICES CONTAINED IN THE SITE, INCLUDING TEXT, LINKS, GRAPHICS OR OTHER ITEMS ARE PROVIDED “AS AVAILABLE” and “AS IS. ” CLIMER CONSULTING MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND SERVICES HEREUNDER, OR ANY RELATED SERVICE, OR THE FITNESS OF THE WEBSITE AND/OR SERVICES FOR YOUR USE.

CLIMER CONSULTING HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. NO ORAL OR WRITTEN INFORMATION GIVEN BY CLIMER CONSULTING, ITS EMPLOYEES, LICENSORS OR THE LIKE WILL CREATE A WARRANTY HEREUNDER. ALSO, CLIMER CONSULTING DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE OR SERVICES PERTAINING TO NON-INFRINGEMENT, SECURITY, ACCURACY, NON-INTERRUPTION AND FREEDOM FROM COMPUTER VIRUS(ES). CLIMER CONSULTING DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR ADEQUACY OF THE INFORMATION AND MATERIALS ON THE SITE.

CLIMER CONSULTING MAKES NO REPRESENTATION THAT MATERIALS ON THIS WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES. ACCESS TO THIS WEBSITE FROM COUNTRIES OR TERRITORIES WHERE SUCH ACCESS IS ILLEGAL IS PROHIBITED. IF YOU ACCESS THIS WEBSITE OUTSIDE THE UNITED STATES, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER YOU OR CLIMER CONSULTING (AND THEIR RELATED PARTIES) (collectively, “THE PARTIES”) BE LIABLE FOR ANY OF THE FOLLOWING: (I) DIRECT DAMAGES IN EXCESS OF THE ACTUAL FEE(S) PAID BY YOU TO CLIMER CONSULTING FOR ACCESS TO THE WEBSITE (IF ANY) OR, (II) ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER INDIRECT DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE OR ITS RELATED SERVICES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PARTY OR ITS RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE PARTIES INTEND THAT THE LIMITATIONS AND DISCLAIMERS CONTAINED IN THIS SECTION SHALL BE VALID AND ENFORCED EVEN IF THEY FAIL OF THEIR ESSENTIAL PURPOSE.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Climer Consulting and its respective directors, officers, employees, and agents from and against all claims and expenses (including reasonable attorneys’ fees) arising out of Your violation of these Terms of Use or misuse of the Website.

GOVERNING LAW

These Terms of Use are governed by and shall be interpreted under the internal laws of the State of North Carolina, excluding its conflict of law principles.VENUE AND JURISDICTION FOR ANY FEDERAL OR STATE COURT LITIGATION OR ANY ALTERNATIVE DISPUTE RESOLUTION INCLUDING MEDIATION AND ARBITRATION SHALL BE BUNCOMBE COUNTY, STATE OF NORTH CAROLINA.