Terms and Conditions
Welcome to Climber.com. Please read this web page carefully. It contains the Terms and Conditions governing your access to and use of the Climber.com Web Site. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site. If you are an employer using the Site, you may have entered into a Service Agreement with Climber.com, in which case these Terms and Conditions, including the Exhibits attached hereto, are part of and incorporated into that Service Agreement. These Terms and Conditions are effective as of July 1, 2006.
These Terms and Conditions, together with all Exhibits to these Terms and Conditions (as they may be amended from time to time by Climber.com) form a binding agreement (the "Agreement") between you and Mingle, LLC through Climber.com. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
The following definitions apply to this Agreement: "Climber.com Web Site" or the "Site" includes www.climber.com in its entirety and its related sites owned or operated by Climber.com, and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.
"Content" includes all Text, Graphics, Design and Programming used on the Site. "Text" includes all text on every page of the Site, whether editorial, navigational, or instructional. "Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
"Document" refers to any posting to the Site, whether job or resume. "Services" means any services provided on the Site by Climber.com or its agents. "User" refers to any individual or entity who uses any aspect of the Site. "Job Seeker" means a User who is accessing the Site to search for a job or in any other capacity except as an Employer.
"Employer" means a person or entity that is accessing the Site to post a job or for any reason related to the purpose of seeking candidates for employment.
"You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions
Acceptable Use of the Site:
General Use Rules. The Site is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use this Site only for lawful purposes within the stated context of Climber's intended and acceptable use of the Site. Climber.com is the sole interpreter of the Site's intended and acceptable use
License to Use by Users who are Job Seekers. Climber.com hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting. Your use of the Site is a privilege. Climber.com reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
License to Use by Users who are employers. Please Refer to Terms and Conditions for Employers.
Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.
House Rules for Posting, Conduct and Security. You agree to comply with the "House Rules" for posting, conduct and security on the Site, which are attached hereto as Exhibit A.
Intellectual Property Rights. The Site and all right, title and interest in and to the Site is the sole property of Climber.com or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, Climber.com reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. "Climber," the Climber.com design logo and certain other names or logos are service marks or trademarks of Climber, and all related product and service names, design marks and slogans are the service marks or trademarks of Climber. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Climber's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.
Disclaimers and Limitations on Climber.com's Liability.
Allocation of Responsibility Climber.com assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Climber.com acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to this agreement, Climber.com may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. Climber.com has no liability or responsibility to Users for performance or nonperformance of such activities. Climber.com may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
No endorsements by Climber.com. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
No Guaranty of Results. Climber.com is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the employment objectives of Users. Climber.com does not guarantee that Documents posted by Users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any User.
(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CLIMBER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. CLIMBER.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) Without limitation on the foregoing:
(i) CLIMBER.COM DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CLIMBER.COM IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) Climber.com makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) Climber.com makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.
DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL CLIMBER.COM (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLIMBER.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN CLIMBER'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL CLIMBER.COM (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH CLIMBER, THE AMOUNTS ACTUALLY PAID BY YOU TO CLIMBER.COM UNDER THIS AGREEMENT IF GREATER THAN US$200.00).
(e) Due to the nature of this Agreement, in addition to money damages, you agree that Climber.com will be entitled to equitable relief upon a breach of this agreement by you.
Payment of Services upon Termination of Service Agreement. If at any time during the course of this Agreement you should terminate a Service Agreement in which these Terms and Conditions have been incorporated by reference, not to include your termination in the case of breach of this Agreement or the Service Agreement by Climber.com.
Links to Other Sites. Climber.com contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Climber.com of the contents on such third-party web sites. Climber.com is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
Amendments to this Agreement and Changes to Site. Climber.com may revise this Agreement s at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions (including any Exhibits thereto). If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by Climber.com unless Climber.com agrees to them in a signed writing specifically including those new or different terms. Climber.com may change the Site at any time.
Indemnity. You agree to defend, indemnify, and hold harmless Climber.com (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any Document posted by you, or your breach of this Agreement. Climber.com shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
Questions and Notices. Questions concerning the use of the Site should be directed to Feedback. Notices shall be sent, for Climber, to the address listed on the Site, and, for you, to the address submitted by you or such other address as Climber.com reasonably determines is an appropriate address for you.
General. Climber.com contact information is listed on the Site. The Climber.com makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access Climber.com from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Agreement, if you have one, are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Agreement shall lie exclusively with the state or federal courts in the State of California. The sole relationship between You and Climber.com is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Climber.com in a particular "Legal Notice," or software license or material on particular Web pages of the Site, this Agreement and your Service Agreement where applicable, constitute the entire agreement between you and Climber.
Telephone Consumer Protection Act (TCPA) Compliance: By creating an account on Climber.com or through third parties and providing your telephone number you are expressly providing written consent for us to contact you using phone calls, auto-dialed calls, prerecorded calls, and or text messages. Should you not want to be contacted by us at any time, simply cancel your account or let send and email to email@example.com.
Exhibit A -House Rules regarding Posting, Conduct and Security
Climber.com is the sole interpreter of these rules. Users who violate these rules may have their access and use of the Site suspended or terminated, at Climber's discretion. Climber.com reserves the right to change these rules in accordance with the amendment policy in the Terms and Conditions to which this Exhibit A is attached.
A1. Posting Rules:
(a) Your Document may not contain: (i) URLs or links to Web sites (to advertise your company or Web site, see our Advertising Info page.); (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.
(b) You may not use your Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements or solicitations of business (including, but not limited to, Email Processors, Project 21, franchises, "club memberships," distributorships, or anything requiring a monetary investment by the User, including a request for payment to obtain job listings); (iv) post chain letters or pyramid schemes; or (v) post opinions or notices, commercial or otherwise.
(c) Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or your qualifications as a candidate for employment. Documents that encourage the User to "email for more details" are not permitted. Documents from any third party charging a fee or restricting complete access to all resume information are prohibited.
(d) Job postings must be individual openings for traditional, W-2 or 1099 employees.
(e) Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
(f) Climber.com is under no obligation to monitor the Documents posted on the Site, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at Climber's discretion.
A2. Conduct Rules:
(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the employer's business by our competitors are prohibited.
(b) You may not send unsolicited commercial email to Users.
(c) Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify Climber.com immediately of any unauthorized use of your registration and password.
(d) Report inappropriate postings or conduct to Feedback.
(e) You may not delete or revise any material posted by any other person or entity.
(f) If at any time during the term of this agreement Climber.com comes to the understanding that you: (i) misled Climber.com of your business practices and/or services, or (ii) purchased services that do not represent your precise business, Climber.com reserves the right to terminate this agreement.
(g) Climber.com is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported.
A3. Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
(b) Violation of these Security Rules may result in civil or criminal liability. Climber.com will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Cancel Your $39.99, One-Month Account within the first 30 days – Satisfaction Guarantee
We are here to help in your career and happy that your tried our service. Follow these simple instructions to receive a full, 30- Day Refund. First, cancel your Climber Premier in one of two ways: 1) Calling 800-374- 0120 or 2) Sending an email to firstname.lastname@example.org within the first 30 days of service. Please be sure to request a refund, simply canceling your account will not trigger an automatic refund. Refunds will be processed the same day or next business day. Customers may send a cancel/refund request to email@example.com and receive an email with request the refund link. Should the customer be within the eligible time frame for the 30-Day Trial, they will be supplied with the link to the refund page where they may log their request. No other form of refund request is acceptable. After 30 days all sales are final. Limit one 30-day risk-free trial per customer. Pre-paid Membership Packages, Resume Services, LinkedIn Services, and Interview Preparation Coaching are not included in the 30-Day Risk Free Trial promotion.
At any point a member may cancel his or her account online, by calling 800-374-0120 or sending an email to firstname.lastname@example.org. Your billing will stop the same that day that you cancel online and Climber.com will honor phone and email messages on the day they are received even though it might be after business hours. If you experience billing problems please reach out to us at 800-374-0120, we are here to help.
Climber.com does not offer refunds under the 30-day Satisfaction Guarantee to users who have been incentivized to sign-up for Climber Premier. Examples of Incentivized Sign-Ups include, but are not limited to: Members of websites who receive fees, points, or other rewards for joining Climber Premier.
Cancel Your Account and You Won’t be Charged Again
Once you cancel, you won't be charged again, but you are responsible for whatever charges have already been incurred for the current billing period. For example, if your billing cycle is on the 18th of every month, and you cancel on the 24th, you'll still have to pay for the current month, but you won't be charged again after that. In order to treat everyone equally, no exceptions will be made. What is the policy for refunds requested after 30 days? If you or Climber.com cancel your account at any time after the first 30 days, Climber.com will discontinue charging your credit card for your monthly service fee or otherwise cease assessing charges under your direct billing arrangement, but will not refund any amounts for the current or previous months of service.
Pre-Paid Membership Packages
In addition, Climber.com will not refund any amount of prepaid service. For example, if you purchased four (4) months of prepaid service and cancel your account after or within one (1) months, there will be no refund of any amount to you on your account. The package is pre-paid and the term of the membership is just at its title suggests.
There is no grace period on service renewals. There are no prorated refunds for mid-term cancellations.
What is Climber.com's cancellation policy for recurring billing products?
What is Climber.com's cancellation policy for recurring billing products?
The customer may cancel their recurring billing subscription product at any time.
If customer requests a cancellation for their recurring billing product, no future re-bills will be charged to their account. Keep in mind, a cancellation will not generate an automatic refund if you are eligible - it will only stop any future rebills. Please call 800-374-0120 for any billing questions.
If a customer requests a refund, the money for the requested transaction may be refunded back to the customer per the Climber.com refund policy. If the refund is for a recurring billing product, and the Customer is in the Trial period then the refund policy allows for the most recent payment to be returned. A refund on a recurring billing product will also result in an automatic cancellation.
Climber.com will use commercially reasonable efforts to complete the Resume Services in a timely manner, subject to acts of nature, mechanical failure, or other occurrences beyond the control of Climber.com. Following your agreement to these terms and payment, Climber.com shall assign a writer to You who will provide you with a resume questionnaire that you are required to complete in order to receive the Resume Services. You hereby agree that you are responsible for verifying the accuracy of all data on your documents; Climber.com is not responsible for errors on your source documentation or on revised resumes after the resume has been provided to you for proofreading.
The Resume Services will be deemed to be complete on the earlier of (a) delivery of a final resume or (b) six months from the date of purchase. You acknowledge and accept that the Resume services commences only upon receipt of Your fully completed questionnaire. You understand that if You fail to fully complete and return the questionnaire, Climber.com may not complete the Resume Services.
This Agreement is non-cancelable and fees are non-refundable.
Interview Coaching Services
The Interview Coaching Services will be deemed to be complete on the earlier of (a) conclusion of your pre- paid coaching session(s) (b) six months from the date of purchase. You acknowledge and accept that the Interview Coaching Services commences only upon receipt of Your fully completed questionnaire. You understand that if You fail to fully complete and return the questionnaire, Climber.com may not complete the Interview Coaching Services.
This Agreement is non-cancelable and fees are non-refundable.
We reserves the right to modify this Refund Policy at its discretion, or against any customer it believes is abusing this policy. Any such revision or change will be binding and effective immediately following the posting of the revised Refund Policy on the Climber.com websites.
You agree to periodically review our websites, including the current version of our Refund Policy. Our refund policy is made available on our websites. It is your obligation to review our refund policy for any such revisions.