### **Terms and Conditions for IceClimb.org** Welcome to **IceClimb.org** ("IceClimb," "we," "us," or "our"). These **Terms and Conditions** ("Terms") govern your access to and use of our website located at **IceClimb.org** (the "Site") and our mobile applications for iOS and Android (collectively, the "Apps"). By accessing or using the Site or App, you agree to be bound by these Terms. --- ### 1. **User Accounts** 1.1 **Eligibility**: You must be at least 13 years old to create an account on the Site or App. 1.2 **Account Responsibility**: You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. 1.3 **Security**: You agree to notify us immediately of any unauthorized use of your account or any other security breach. 1.4 **Account Suspension or Termination**: We reserve the right to suspend or terminate your account at any time for any reason, including, but not limited to, violations of these Terms. --- ### 2. **User Content** 2.1 **Responsibility for Content**: You are responsible for all content that you upload, post, or otherwise transmit through the Site or App ("User Content"). 2.2 **Grant of License**: By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, distribute, and modify your content as part of the Site and App services, including for promotional or operational purposes. 2.3 **Crowdsourced Information**: By contributing content such as ice climbing routes, reviews, ratings, or other data to the Site or App, you acknowledge that this information will be shared publicly with the community. You agree that we may use, display, and share your crowdsourced information for the benefit of the platform and other users. 2.4 **Prohibited Content**: You agree not to transmit any User Content that is unlawful, harassing, defamatory, obscene, invasive of privacy, or otherwise objectionable. 2.5 **Removal of Content**: We reserve the right to remove or modify any User Content at any time for any reason, without prior notice. --- ### 3. **Third-Party Content** The Site and App may contain content from third-party sources ("Third-Party Content"). We are not responsible for the accuracy, completeness, reliability, or legality of Third-Party Content. --- ### 4. **Intellectual Property** The Site, App, and all content and materials contained therein (including text, graphics, logos, images, software, and other content) are protected by copyright, trademark, and other intellectual property laws. You may not use any content or materials on the Site or App without our prior written permission. --- ### 5. **Disclaimers** THE SITE AND APP ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR APP OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. --- ### 6. **Limitation of Liability** YOU AGREE THAT YOU WILL NOT HOLD **IceClimb.org**, **Jesse Waites**, OR ANY AFFILIATES LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR APP. THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS ARISING FROM YOUR USE OF CROWD-SOURCED INFORMATION, PARTICIPATION IN ICE CLIMBING ACTIVITIES, OR ANY OTHER ASPECT OF THE SITE OR APP. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE OR APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. --- ### 7. **Termination** We may terminate these Terms at any time for any reason. You may also terminate these Terms by deleting your account on the Site or App. Upon termination, you must immediately cease all use of the Site and App. --- ### 8. **Governing Law** These Terms shall be governed by and construed in accordance with the laws of the State of **Massachusetts**, United States of America, without regard to its conflict of law principles. --- ### 9. **Dispute Resolution** Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the rules of the **American Arbitration Association**. The arbitration shall be held in **Boston, Massachusetts**, and the arbitrator's decision shall be final. --- ### 10. **Entire Agreement** These Terms constitute the entire agreement between you and us regarding your use of the Site and App. Any previous agreements or understandings between you and IceClimb.org are superseded by these Terms. --- ### 11. **Severability** If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect. --- ### 12. **Waiver** Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision. No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of IceClimb.org. --- ### 13. **Updates to These Terms** We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on the Site and App. You are advised to review these Terms periodically for any changes. --- ### 14. **Contact Us** If you have any questions about these Terms, please contact us at: **By email**: Hi@IceCLimb.org --- ### **Effective Date** These Terms are effective as of **February 5, 2025**. --- ### **Acknowledgment of Risks** Ice climbing is an inherently dangerous activity that involves significant risks, including but not limited to falls, injuries, and even death. By engaging in ice climbing activities, you acknowledge and accept these risks. **IceClimb.org**, **Jesse Waites**, and its affiliates are not liable for any injuries, accidents, or damages that may occur during your participation in ice climbing, whether on our guided trips, through equipment rental, out on your own, or via any other services we offer now or in the future. Participants are strongly encouraged to consult with a medical professional and ensure they are physically fit for ice climbing. All users of this website and affiliated apps must follow safety guidelines, use proper equipment, and take personal responsibility for their actions. By using our services, you agree to hold **Jesse Waites** and **IceClimb.org** harmless from any and all claims arising from your participation in ice climbing or other activities. --- This version makes it clear that users cannot sue you for using the site, including crowdsourced content, and that you disclaim liability for any injuries or damages from activities related to ice climbing or the use of the platform.