LAST UPDATED 2018-02-26
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.
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.
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:
Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Marcacci Labs, Inc
3104 Poe St.
San Diego, CA
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.
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).
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.
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.
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.
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.
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.
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.
Minors are not eligible to use the Services and we ask that they do not submit any personal information to us.
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.
All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2018, Marcacci Labs, Inc. ALL RIGHTS RESERVED.
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.
Marcacci Labs, Inc
3104 Poe St.
San Diego, CA