Website Terms and Conditions of Use
1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Boardworks Climbing's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Boardworks Climbing's web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Boardworks Climbing at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on Boardworks Climbing's web site are provided "as is". Boardworks Climbing makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Boardworks Climbing does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall Boardworks Climbing or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Boardworks Climbing’s Internet site, even if Boardworks Climbing or a Boardworks Climbing authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Boardworks Climbing's web site could include technical, typographical, or photographic errors. Boardworks Climbing does not warrant that any of the materials on its web site are accurate, complete, or current. Boardworks Climbing may make changes to the materials contained on its web site at any time without notice. Boardworks Climbing does not, however, make any commitment to update the materials.
6. Links
Boardworks Climbing has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Boardworks Climbing of the site. Use of any such linked web site is at the user’s own risk.
7. Site Terms of Use Modifications
Boardworks Climbing may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. Governing Law
Any claim relating to Boardworks Climbing's web site shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions.
Gym Terms and Conditions of Use
1. Your use of Boardworks Climbing's goods and services is conditioned on agreement with and signature of Boardworks Climbing's current Waiver/Facility Agreement, and compliance with all of Boardworks Climbing's rules and staff instructions.
2. Boardworks Climbing reserves the right, in its sole discretion, to terminate this Agreement and any passes or memberships for any reason.
3. Members may be required to produce identification at the reception counter at each visit. Boardworks Climbing reserves the right to refuse entry and to withhold any services for anyone who fails to produce a valid identification when entering Boardworks Climbing.
4. This Agreement is strictly non-transferable, non-assignable, and non-cancelable unless expressly provided for herein.
5. Boardworks Climbing may at any time in its sole discretion and without prior notice, change the rules, regulation, hours and days of operation, benefits, privileges, terms, conditions and use of its facilities.
6. Boardworks Climbing reserves the right to temporarily close its facilities for renovation, re-organization, competitions, events, classes, or changes in management.
7. Any delay or failure by Boardworks Climbing to exercise its rights and/or remedies under this Agreement shall not constitute a waiver of any such right or remedy unless waived in writing by Boardworks Climbing.
8. PARTICIPANT'S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A BREACH BY BOARDWORKS CLIMBING OF THIS AGREEMENT IS TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL BOARDWORKS CLIMBING BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
9. The terms and conditions of this Agreement constitutes the entire agreement between the Participant and Boardworks Climbing regarding the Participant's and payment terms, and supersedes all previous agreements, understandings and arrangements, written or oral, between the Participant and Boardworks Climbing in relation to such matters.
10. If any provision of this Agreement or the application of any such provision to any person or circumstance is held invalid, the remainder of this Agreement, and the application of such provision other than to the extent it is held invalid, will not be invalidated or affected hereby.
11. This Agreement shall be governed by Oregon law, without regard to conflicts of laws principles. Participant agrees that the exclusive jurisdiction and venue for any actions or claims arising out of or relating to this Agreement shall be in the State of Oregon.
12. Additionally, Boardworks Climbing is authorized to the right to take, edit, alter, copy, exhibit, publish, distribute, and make use of any and all pictures or videos taken at Boardworks Climbing to be used in and/or for legally promotional materials including, but not limited to, newsletters, flyers, posters, brochures, advertisements, websites, social networking sites, and other print and digital communications, without payment or any other consideration. This authorization shall continue indefinitely.