Terms of Service

Effective date of Terms of Service: July 22, 2018

Please read these "Terms of Service" fully and carefully before using https://www.climber.com (the “Climber Website") and any of the services, features, Content (defined below) or applications made available by Climber Hotel. and its affiliates, (“Climber”, we, "us" or "our") in connection with the self-service version of InVision’s design collaboration platform (the "Platform") or any other InVision services or platform that links to these Terms of Service (collectively, the "Services"). For clarity, these Terms of Service do not apply to any other versions of the Platform or Services, unless expressly stated by Climber. These Terms of Service incorporate Climber Hotel Privacy Policy z, which is hereby made a part of these Terms of Service. These Terms of Service set forth the legally binding terms and conditions for your use of the Services. By clicking on the “Accept,” "sign up free," "upgrade your plan," or equivalent access, agreement or purchasing button, you or the company or entity that you represent ("you," "your," "yours" or "customer") are consenting to be bound by and are becoming a party to these Terms of Service. You are also representing and warranting that the individual clicking on the button is authorized to enter into this agreement and bind such entity. Your continued use of any portion of the services shall also constitute assent to the terms of these Terms of Service. If you are using the services on behalf of a company or other entity, then all references to "you" or "your" herein shall refer to both the individual and the entity. Please note that if you are on a paid subscription and agreed to the our Terms of Service prior to May 18, 2018, then such version of the terms, available here, shall continue in effect until your next subscription renewal, at which time this version of the Terms of Service shall be effective. Free subscriptions are subject to this version of the Terms of Services as of May 18, 2018. If you do not agree to these terms, please cancel your subscription.

1. Acceptance of Terms of Service. A. By registering for and/or using any of the Services in any manner, including visiting or browsing the Climber Website, you agree to these Terms of Service, and all other operating rules, policies, and procedures that we may publish from time to time through the Services, each of which is incorporated by reference, and each of which may be updated from time to time without notice to you. B. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.

2. Eligibility. You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, register for an Account (defined below) or use the Services. Furthermore, you must be at least 18 years of age to use any Premium Services or any other portion of the Services that requires you to make any payment. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service and your use of the Services (a) are in compliance with all laws, rules and regulations applicable to you and (b) do not violate any other agreement to which you are a party. The right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

3. Registration and User Seats. To sign up for the Services, you must register for an account on the Services (an "Account"). You must provide accurate and complete information for your Account. For Services licensed on a per-seat or per-member basis, access will be limited to the number of Users (defined below) for whom you have purchased seats. Unless you have purchased an Account that expressly licenses multiple User seats (e.g. a "Team Plan"), each Account shall only be used by the individual user that registered such Account. You may never use another person’s user Account without permission from InVision, or share your Account or access credentials with any other individual or entity. You should never publish, distribute, or post login information for your Account. "User" means an individual (a natural human!) whom you authorize to use the Services. Users may include, for example, your employees, consultants, contractors and agents, and third parties with which you transact business. If your account expressly allows multiple User seats, then you shall designate one User for each seat you purchase (and may reassign such seat to a new individual replacing one who no longer uses the Services). A User’s access credentials may not be shared with any other individual or entity for purposes of using the Services. You are responsible for maintaining the security of your Account, passwords (including, but not limited to, administrative and user passwords). You shall be responsible for acts, omissions, or breaches hereunder by any of your Users or any other individuals using your Account or credentials for the Services. You must keep your Account information updated, and you must notify us immediately of any change in your eligibility to use the Services or breach of security or unauthorized use of your Account. Users may have the ability to invite other users to their teams, unless the applicable Account settings restrict this functionality. We will provide you with periodic updates of its list of active Users, and you may request this list from us. Please note that if you are a User of an Account purchased by your employer or another person or entity, then these Terms of Service allow such person or entity to provision additional services, or to change or limit your access to the Services at any time. It is up to that person or entity to inform you of any particular rules, requirements or limitations regarding your use beyond those set forth in these Terms of Service. You agree to look solely to such person or entity regarding any dispute relating to such additional rules, requirements, or limitations.

4. The Services. A. Services. Subject to these Terms of Service, InVision will use commercially reasonable efforts to make the Services available to you. B. Content. "Content" means information, data, text, fonts, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. As between the parties, all Content, except for Customer Data (as defined below), is owned by InVision or its licensors. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. Subject to these Terms of Service, InVision (i) grants to you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e. to download and display locally) Content solely for purposes of using the Services for your internal use.