Terms Of Use

LAST UPDATED 2018-02-26

By using the website, software applications, and other services provided by Marcacci Labs, Inc., (“Services"), you agree to follow and be bound by these terms of use (''Terms of Use"), and the Privacy Policy and Full Disclaimer. In these Terms of Use, the words "you" and "your" refer to each user of the Services, "we", "us" and "our" refer to Marcacci Labs, Inc., and any and all Services. We may revise these Terms of Use at any time without notice to you. It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use the Services.

YOU AGREE THAT BY USING THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT, AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

We provide Services to give visitors the location and general information about rock climbing routes. Although we do our best to maintain the information accurately, completely, and up-to-date, for a variety of reasons we cannot guarantee that all of the information we provide is completely accurate, current, or up-to-date. Much of the information we provide, including ratings of climb difficultly, is user provided and we cannot and do not verify user provided information. By using our Services, you agree that the information we provide is not a substitute for your own independent evaluation and judgment of a climb and your climbing abilities prior to you starting a climb.

The condition of climbing locations may change over time or rapidly with changes in weather and other changed conditions. By using the Services, you agree that no general information can fit every circumstance, weather pattern, or account for the degradation of bolts or other equipment or terrain conditions. The information provided by the Services is not advice and is not guaranteed to be correct, complete or up-to-date. We are not a guide service, we do not provide training, and we do not provide advice specific to your abilities or climbing conditions at any point in time under any specific or particular conditions. If you need a guide, training, or advice about a specific climb, you should contact an individual with the experience and local knowledge you require prior to attempting a climb. By using the Services, you agree that you assume all the risk in undertaking a climb and we shall have no liability to you whatsoever, in contract, tort, or otherwise, as more fully described below and unless expressly provided for herein.

1. Privacy Policy.

We respect your privacy. A complete statement of our Privacy Policy can be found by CLICKING HERE. The Privacy Policy is expressly incorporated into this Terms of Use by this reference. In order to use the Services., you may be required to provide complete and accurate information as requested on the registration form. You may also be asked to provide a user name and password. If required, and if you choose to register, you agree to: (a) supply the information requested in the registration process, (b) ensure that all the information you supply to us is accurate, and (c) update your personal information. You are entirely responsible for maintaining the confidentiality of any password you create. You may not use a third party's account, user name or password at any time. You agree to notify us immediately of any unauthorized use of your account, user name or password. We shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password. In connection with the use of certain portions of the Services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant to us a worldwide, royalty-free, nonexclusive, and fully sub­licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate our rights at any time by requesting that we remove your personal information from the Services.

2. Ownership.

This Site is owned and operated by Marcacci Labs, Inc. All right, title and interest in and to the information and materials provided in the Services, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned or licensed either by us or by our respective third-party authors, developers, or vendors. Except as may be expressly stated in the Services or in these Terms of Use, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing in the Services shall be construed to confer any license under any of our intellectual property rights, whether by estoppel, implication or otherwise. We do not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by us. Any rights not expressly granted herein are reserved by, for, and to us.

3. Limited Permission to Use.

We hereby grant you permission to use the Materials in the Services solely for your personal and informational use. All permitted uses shall leave intact all copyright and trademark notices appearing in the Materials, the Materials not be used on any other website, software application, or service nor in a networked computer environment, that the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on the Services may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.

4. Links to Third Parties.

This Services may contain links to information and content controlled by parties other than us. We may work with a number of partners and affiliates whose information and content may be linked with the Services. We are not responsible for, and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third-Party Site, any Website accessed from a Third-Party Site, or any changes or updates to such sites. We make no guarantees about the content or quality of the products or services provided by such third parties. We are not responsible for any transmission received from any third party. We provide links to third party information and content to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the third party. You acknowledge that you bear all risks associated with access to and use of information and content provided by a third party and agree that we are not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable third party if you have any concerns regarding information or content located provided by a third party.

5. User Content.

At various locations in the Services, we may permit visitors to post information, photos, reviews, comments, and other content (the "User Content"). Contributions to, access to and use of the User Content is at your own risk and subject to the below terms and all other terms and conditions of these Terms of Use.

5.1. Our Rights and Responsibilities for User Content.

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the site;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Mike Marcacci
mike@marcacci-labs.com
619-227-6795

Marcacci Labs, Inc
3104 Poe St.
San Diego, CA
92106

We are not the publisher or author of the User Content. Allowing User Content is a way to build an online climbing community and for members of that online community to disseminate information about climbing locations, general information, and the rating of the difficulty of any climbs (whether or not such climb is initially added as User Content) that users may choose to post and distribute as User Content. We do not screen User Content before it is posted, no prior approval is required for posting of User Content by users, and we expressly disclaim any liability, and provide no warranty whatsoever for, User Content. We take reasonable steps to maintain system security, however, we assume no liability, and provide no warranty, for the maintenance of system security. If our technical staff finds that files or processes pose a threat to the proper technical operation of the system or to the security of other members, we reserve the right to delete those files or to stop those processes. If our technical staff suspects a user name is being used by someone who is not authorized by the proper user, we may disable that user's access in order to preserve system security. We have the right, in our sole and absolute discretion, but not the responsibility, to (i) edit, redact or otherwise change any User Content; (ii) re-categorize any User Content to place it in a more appropriate location; or (iii) pre-screen or delete any User Content that is determined to be inappropriate or otherwise in violation of these Terms of Use, including but not limited to User Content containing offensive language and advertisements. We reserve the right to refuse service to anyone and to cancel user access at any time.

5.2 Rights and Responsibilities of Posters of User Content.

You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using the Services that allows interaction or dissemination of information. In posting User Content, you are responsible for honoring the rights of others, including intellectual­ property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, you are responsible for first obtaining the copyright holder's permission.

Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. By posting such User Content, you grant an unlimited, irrevocable, and perpetual license to us to use, reprint, distribute, modify, sublicense through any number of levels, and create derivative works, which will be solely owned by us. In posting a work as User Content, you authorize other users who have access to the Services to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give permission to us to copy your works as part of the normal backup process. Once posted, you shall not have the right to remove any of your works from User Content. The use of your user account or posting User Content for any illegal activity under any and all applicable laws is a violation of these Terms of Use. Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside our and your locations of domicile. The Services are open to users worldwide, and we cannot and do not make any representations or guarantees about the legality of any User Content you choose to post. You agree not use the Services in any way that could damage, disable, or impair any Services (or the network(s) used by the Services), violate the privacy and security of other users, or interfere with any user's use and enjoyment of any of the Services. You agree not to attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

5.3. Your Rights and Responsibilities as a Reader of User Content.

You are not required to provide your real name when signing up as a user. We permit anonymous or pseudonymous accounts. Any user may request that such member's e-mail address be hidden to provide for additional privacy. If you have a complaint about the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. Normally, our staff will not take a role in mediating conflicts between you and other users. We do not take responsibility for your behavior or that of other users. Your access to the postings that users have posted as User Content is for your personal use only. If you want to redistribute postings you find as User Content, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).

6. No Warranty.

THE SERVICES AND ALL INFORMATION, CONTENT, AND MATERIALS, PROVIDED ON OR THROUGH YOUR USE OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (A) THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR ANY MATERIALS OFFERED THROUGH THE SERVICES, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SERVICES OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES. OBTAINING ANY MATERIALS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR ELECTRONICS, OR DATA THAT RESULTS FROM ACCESSING ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE FROM THE SERVICES.

7. Limitation of Liability.

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES OR MATERIALS AVAILABLE FROM THE SERVICES, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THE SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF US TO YOU IS THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.

8. Indemnification.

You agree to defend, indemnify and hold harmless us, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

9. Unsolicited Submissions.

We do not want you to submit confidential or proprietary information to us through the Services. All comments, feedback, information, or material submitted to us through or in association with the Services shall be considered non-confidential. By providing such submissions to us, you hereby grant us an unlimited, irrevocable, and perpetual license to us to use, reprint, distribute, modify, sublicense through any number of levels, and create derivative works, which will be solely owned by us. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

10. Compliance with Intellectual Property Laws.

When accessing the Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your user account.

If you believe that any Content on the Services is infringing on your copyright, you may seek the removal of such Content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act at 3104 Poe St. San Diego, CA 92106 as described above in Section 5.1.

11. Inappropriate Content.

When accessing the Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate or delete such material from our servers. We will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

12. Compliance with Export Restrictions.

You may not access, download, use or export the Services or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

13. Children.

Minors are not eligible to use the Services and we ask that they do not submit any personal information to us.

14. Governing Law; Venue.

By using the Services, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of California, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in the State of California.

You and we agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving the Services.

15. Copyrights.

All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2018, Marcacci Labs, Inc. ALL RIGHTS RESERVED.

16. Trademarks.

Marcacci Labs, Inc., Bolt Line, Boltline and all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Marcacci Labs, Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

17. Acknowledgement.

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

18. Contact.

If you have any questions about these Terms of Use, the practices of the Services, or your dealings with us or the Services, you can contact us at:

Mike Marcacci
mike@marcacci-labs.com
619-227-6795

Marcacci Labs, Inc
3104 Poe St.
San Diego, CA
92106