Brown Girls Climb: Terms of Service

1. Privacy Policy Please refer to our Privacy Policy for information on how Brown Girls Climb, LLC collects, uses and shares information about you.

2. Eligibility, Registration and Account The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Sites, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Sites. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Sites; (b) do not have more than one account per Site; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.

In order to access and use certain areas or features of our Sites, you will need to register for an account. When registering for an account, you cannot create a screen name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.

In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) promptly notify Brown Girls Climb, LLCI if you discover or otherwise suspect any security breaches related to your account or the Sites.

3. Ownership of Site Content Unless otherwise indicated on our Sites, the Sites and all content and materials theBrown Girls Climb, LLCn, including but not limited to Brown Girls Climb, LLC logos and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of Brown Girls Climb, LLC or our licensors, suppliers or users and are protected by U.S. and international copyright laws.

You are granted a limited, nonexclusive, non-sublicensable license to access and use the Sites and Site Content for your own personal, non-commercial use. Such license is subject to your compliance with these Terms and does not include the right to engage in: (a) any resale or commercial use of the Sites or Site Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Content; (d) modifying or otherwise making any derivative uses of the Sites and the Site Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Sites, the Site Content or any information contained theBrown Girls Climb, LLCn, except as expressly permitted on the Sites or pursuant to separate terms; or (g) any use of the Sites or the Site Content other than for their intended purposes. Any use of the Sites or the Site Content outside the scope of the license granted heBrown Girls Climb, LLCn, without the prior written permission of Brown Girls Climb, LLC, is strictly prohibited and will result in automatic termination of the license granted heBrown Girls Climb, LLCn. Such prohibited use in violation of the license granted may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated heBrown Girls Climb, LLCn, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time at Brown Girls Climb, LLC's sole discretion.

4. Trademarks "Brown Girls Climb" the Brown Girls Climb, LLC logo and other Brown Girls Climb, LLC product or service names, logos or slogans that may appear on the Sites may have trademarks or registered trademarks of Brown Girls Climb, LLC and may not be copied, imitated or used, in whole or in part, without the prior written permission of Brown Girls Climb, LLC or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Brown Girls Climb” or any other name, trademark or product or service name of Brown Girls Climb, LLC without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Brown Girls Climb, LLC and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Brown Girls Climb, LLC.

5. Hyperlinks You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray Brown Girls Climb, LLC or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an Brown Girls Climb, LLC logo or other proprietary graphic of Brown Girls Climb, LLC to link to the Sites without the express written permission of Brown Girls Climb, LLC. Further, you may not use, frame or utilize framing techniques to enclose any Brown Girls Climb, LLC trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Brown Girls Climb, LLC’s express written consent.

Brown Girls Climb, LLC makes no claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under the control of Brown Girls Climb, LLC and Brown Girls Climb, LLC provides these links to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement or adoption by Brown Girls Climb, LLC of any site or any information contained theBrown Girls Climb, LLCn. When you leave our Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

6. User Content and Interactive Areas The Sites may include discussion forums, blogs, profiles, product reviews or other interactive features or areas (collectively, "Interactive Areas"), in which you or other users can create, post, upload, transmit, distribute or store content, such as comments, reviews, photos, videos, text, music, sound, , graphics, code or other materials on the Sites (collectively, "User Content"). User Content may be publicly-viewable along with profile information associated with your online account, but it does not include your browngirlsclimb.com account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.

By using any Interactive Areas, you agree not to create, post, upload, transmit, distribute, or store any of the following:

User Content that is fake, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law; User Content that promotes or encourages the use of trails that are not legally open (except for seasonally closed trails) or trespassing; User Content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to Brown Girls Climb, LLC or any user or consumer or that is contrary to any instructions or warnings relating to the product (safety concerns can be reported here); User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual's consent; User Content that makes false or misleading statements, claims or depictions about a person, company, product or service; User Content that does not clearly and prominently disclose any material connections you may have to Brown Girls Climb, LLC or third party brands or sellers (for example, if you receive free products or services or are a paid blogger or employee); User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; User Content that contains viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and User Content that, in the sole judgment of Brown Girls Climb, LLC, restricts or inhibits any other person from using or enjoying the Sites or which may expose Brown Girls Climb, LLC or our users to any harm or liability of any type. Brown Girls Climb, LLC encourages our users to report User Content that violates these Terms (by emailing browngirlsclimb@gmail.com). Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by such Terms. Although Brown Girls Climb, LLC has no obligation to screen, edit or monitor any of the User Content posted on the Sites, Brown Girls Climb, LLC reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.

Any use of the Sites in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites.

7. Rights in User Content Except as otherwise provided in these Terms, on the Sites or in a separate agreement with us (such as the rules of an Brown Girls Climb, LLC contest or an Brown Girls Climb, LLC content submission agreement), Brown Girls Climb, LLC claims no ownership or control over any User Content. However, by submitting or posting User Content on the Sites, you grant Brown Girls Climb, LLC a nonexclusive, royalty-free, world-wide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such User Content on the Sites and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. Also, if you submit, post or share User Content through the Sites or third-party platforms, you understand that this User Content will be viewable by others.

By posting User Content to the Sites, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Sites and to grant the rights to Brown Girls Climb, LLC that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Sites, do not and will not violate these Terms, or any other applicable Brown Girls Climb, LLC terms, guidelines or policies or any applicable law, rule or regulation.

8. Reviews We may provide specific opportunities for you to tell Brown Girls Climb, LLC and other Brown Girls Climb, LLC members or users what you think about our products or services. You are solely responsible for the reviews you submit and understand that you may not be able to delete this content after it has been published. You also assume all risks associated with your reviews, including anyone's reliance on the quality, accuracy or reliability of such reviews, and the disclosure of your personal information in connection with such content. If you submit reviews, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All reviews are strictly the opinion of the user posting such reviews, and Brown Girls Climb, LLC does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Finally, we may use a third party to "power" or provide the opportunity to provide reviews. In that case, you will also need to review such third party's terms of service and privacy policy, to determine whether they are acceptable to you. If they are not, do not provide reviews to us using the third party's service or technology.

9. Feedback Separate and apart from User Content, you have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding the Sites, Brown Girls Climb, LLC and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become the sole property of Brown Girls Climb, LLC. Brown Girls Climb, LLC shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.

10. User Conduct You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort and that you are solely responsible for your conduct while accessing or using the Sites. You also agree to abide by any rules or policies governing your use of our Sites and that you will not:

Use the Sites other than for their intended purposes, in any unlawful manner or in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Sites; Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites for the purposes of sending spam; Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites or to extract data; Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law); Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; Use or attempt to use another's account without authorization from Brown Girls Climb, LLC; Attempt to circumvent any content filtering techniques we employ or access any service or area of the Sites that you are not authorized to access; Engage in any harassing, intimidating, predatory or stalking conduct; Develop or use any third-party applications that interact with User Content or our Sites without our prior written consent; Use the Sites in a manner that could interfere with or damage, disable, overburden or impair the operation of the Sites or introduce to the Sites or our users any viruses, malware, corrupted data or other harmful, disruptive or destructive files or code; or "Frame" our Sites or otherwise make it look like you have a relationship with us or that we have endorsed you for any purpose. Brown Girls Climb, LLC has no obligation to monitor any user conduct on the Sites, but Brown Girls Climb, LLC reserves the right and has absolute discretion to monitor any user conduct on the Sites at any time and for any reason without notice. Brown Girls Climb, LLC does not approve or endorse any user-posted meetings or events referenced on the Sites and Brown Girls Climb, LLC recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar to you.

11. No Third-Party Beneficiaries These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

12. Indemnification To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Brown Girls Climb, LLC and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (together with Brown Girls Climb, LLC, the "Brown Girls Climb, LLC Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of the Sites; (b) any User Content you create, post, upload, use, distribute, store or otherwise transmit on or through the Sites; (c) any Feedback you provide; (d) your violation of these Terms; and (e) your violation, misappropriation or infringement of any rights of another. You agree to promptly notify the Brown Girls Climb, LLC Parties of any third party Claims, cooperate with the Brown Girls Climb, LLC Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that the Brown Girls Climb, LLC Parties shall have control of the defense or settlement of any third party Claims.

13. Disclaimers Except as expressly provided, the Sites, Site Content and services provided on or in connection with the Sites (collectively, "Complete Site") are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. Brown Girls Climb, LLC DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Brown Girls Climb, LLC does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. Brown Girls Climb, LLC does not represent or warrant that the Sites or our servers are free of viruses or other harmful components.

The Site Content, including, but not limited to, Brown Girls Climb, LLC and third-party photos, videos, articles, information and other content is general in nature and must be used with an appreciation for the differing capabilities among individual users, weather and other varying conditions, and the differing demands placed on equipment or techniques by the wide variety of circumstances that can be encountered in outdoor recreation. The information is not a substitute for in-person guidance by a qualified instructor or for personal experience gained in the company of knowledgeable and experienced outdoor recreationalists. You acknowledge that you could be seriously injured or die when engaging in activities presented on the Sites and that you should receive professional instruction when appropriate. You assume all risks associated with engaging in any activities or using any equipment presented on the Sites.

You may have the ability to exchange information with other users of the Sites and arrange to meet each other offline. You understand that Brown Girls Climb, LLC does not conduct background checks of users or otherwise vouch for the safety of such offline meetings, and such meetings are held at your sole risk. You are advised to be careful not to accidentally divulge personal information about yourself, such as your name, phone number or address. We encourage you to take precautions when interacting with other users, particularly when meeting a stranger in person for the first time.

Our trail condition reporting feature is not an emergency service; if you are facing an emergency or witness an emergency, contact law enforcement or emergency services.

14. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE Brown Girls Climb, LLC PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE ACCESS OR USE OF THE SITES, YOUR ONLINE OR OFFLINE INTERACTIONS WITH OTHER SITE USERS, YOUR PARTICIPATION IN ACTIVITIES, EVENTS, OUTINGS OR EXPERIENCES THAT ARE NOT OFFICIALLY ORGANIZED AND HOSTED BY Brown Girls Climb, LLC OR OTHERWISE RELATED TO THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS INTERRUPTIONS TO ALL OR PORTIONS OF THE SITES, DELETION OF FILES OR EMAIL, ERRORS OR OMISSIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AN Brown Girls Climb, LLC PARTY'S RECORDS, PROGRAMS OR SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Brown Girls Climb, LLC PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE COMPLETE SITE EXCEED THE GREATER OF USD $50.00 OR ANY COMPENSATION YOU PAY, IF ANY, TO Brown Girls Climb, LLC FOR ACCESS TO OR USE OF THE COMPLETE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION 16 WILL NOT LIMIT OR EXCLUDE THE Brown Girls Climb, LLC PARTIES' LIABILITY FOR GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

15. Modifications to Sites Brown Girls Climb, LLC reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice.

16. Applicable Law and Venue THESE TERMS AND YOUR ACCESS TO AND USE OF THE SITES WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO, APPLICABLE TO AGREEMENTS MADE AND TO BE ENTIRELY PERFORMED WITHIN THE STATE OF COLROADO, WITHOUT RESORT TO ITS CONFLICT OF LAW PROVISIONS. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE FILED ONLY IN THE STATE AND FEDERAL COURTS LOCATED IN BOULDER COUNTY, COLORADO AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS.

17. Termination You may terminate the Terms at any time by closing your account, discontinuing your use of the Sites and providing Brown Girls Climb, LLC with a notice of termination. Brown Girls Climb, LLC reserves the right, without notice and in our sole discretion, to terminate your right to use the Sites, or any portion of the Sites, and to block or prevent your future access to and use of the Sites or any portion of the Sites.

18. Severability If any term, clause, or provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that term, clause, or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining terms, clauses, or provisions.