Terms and Conditions
TERMS OF SALE
Acceptance
These terms and conditions outlined herein (the “Terms of Sale”) constitute a binding
legal contract between you and Climbthepeaks.com Holding Corp. (the
“Climbthepeaks”), the owner and operator of the CITYWALLNORTHAMERICA.COM
website (the “Website”). By ordering any product or service via the Website or any
Website-related software, you indicate your acceptance of these Terms of Sale, as they
may be amended or supplemented from time to time. Changes to these Terms of Sale
will be effective when posted. If you do not agree to any of these terms, please do not
use the Website to order any product or service.
These Terms of Sale apply to all users of the Website, including users who are
contributors of video content, information, and other materials or services on the Website
Website Access
Climbthepeaks hereby grants you permission to use the Website purchase products and
services offered by the Website in accordance with these Terms of Sale, provided that:
1) your use of the Website is solely for your personal use;
2) you will not copy or distribute any part of the Website in any medium or manner
inconsistent with these Terms of Sale without the prior written consent of
Climbthepeaks;
3) you will not alter or modify any part of the Website other than as may be
reasonably necessary to use the Website for its intended purpose; and
4) you will otherwise comply with these Terms of Sale.
In order to access some features of the Website, you will have to create an account. You
may never use another’s account without permission. When creating your account, you
must provide accurate and complete information. You are solely responsible for the
activity that occurs on your account, and you must keep your account password secure.
You must notify Climbthepeaks immediately of any breach of security or unauthorized
use of your account. Although Climbthepeaks will not be liable for your losses caused by
any unauthorized use of your account, you may be liable for the losses of Climbthepeaks
or others due to such unauthorized use.
Climbthepeaks reserves the right to establish data transfer restrictions and/or limit the
total amount of data transfer associated with your account. User accounts may be closed
by Climbthepeaks should the total amount of data transfer exceed an amount deemed
excessive in the sole discretion of Climbthepeaks.
You agree not to use or launch any automated system, including without limitation,
“robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that
sends more request messages to the Website’s servers in a given period of time than a
human can reasonably produce in the same period by using a conventional on-line web
browser. Notwithstanding the foregoing, Climbthepeaks grants the operators of public
search engines permission to use spiders to copy materials from the site for the sole
purpose of creating publicly available searchable indices of the materials, but not caches
or archives of such materials. Climbthepeaks reserves the right to revoke these exceptions
either generally or in specific cases. You agree not to collect or harvest any personally
identifiable information, including account names, from the Website.
Orders; Sales Tax
You may place your order on the Website at any time (subject to any planned or
unplanned periodic downtime). If any items are purchased from the Website that are
subject to sales tax, the Website will make customers aware of the tax amount due at the
point of purchase.
Product Description
We attempt to describe the items offered for sale on the Website as accurately as
possible; however, we do not warrant that the descriptions or other content on the
Website are accurate, complete, reliable, current or error-free.
Refunds; Exchanges; Repairs
On occasion, technical problems may delay or prevent delivery of your product. Your
exclusive and sole remedy with respect to such product that is not delivered within a
reasonable period will be either replacement of such product, or refund of the price paid
for such product, as determined by Climbthepeaks in its sole discretion.
Repairs of any products purchased through the Website will be made in accordance with
the product’s warranty. To determine whether the product requires repair, it must be
returned to Climbthepeaks for inspection. If the repair of the product or piece is covered
under its associated warranty, Climbthepeaks will offer a replacement or a refund, in its
sole discretion, of the product or the piece.
Subject to the above, no refunds or exchanges for items purchased through this Website
will be made and all sales made through the Website will be final.
Display
We have made every effort to display the items featured on this Website as accurately as
possible. Please note, however, that the colors we use, as well as the display and color
capabilities of your particular computer monitor, will greatly affect the colors actually
seen on the screen. The Website and Climbthepeaks cannot be responsible for the
limitations of your monitor’s display of any color or detail. For optimal viewing, we
recommend setting your monitor to 1024 x 768.
Payments and Disputed Payments
Climbthepeaks does not accept checks, drafts, or money orders for orders submitted
through the Website. Upon placing an order, we will contact you at the telephone
number or email address provided to us before finalizing the order. We accept all major
credit cards and payments vial PayPal™. You will bear all costs associated with a
disputed credit card charge which results in action from Climbthepeaks’ merchant
account provider, otherwise known as “chargebacks”.
To make payments via PayPal™, simply visit www.paypal.com to set up an account, or
use your existing PayPal™ account to make secure payments online.
Pricing; Shipping; Pricing Errors; Other Errors
Prices offered on the Website are quoted in Canadian Dollars. Such prices do not include
shipping and handling, expedited service, or sales taxes, if applicable, which will be
added to your total invoice price. You are responsible for any shipping and handling
charges and state and local sales or use taxes that may apply to your order.
If the amount you pay for an item is obviously incorrect, regardless of whether it is an
error in a price posted on this Website or otherwise communicated to you, then
Climbthepeaks and the Website reserve the right, at their sole discretion, to cancel your
order and refund to you the amount that you paid. This policy will apply regardless of
how the error occurred.
Climbthepeaks reserves the right to change prices for products offered for sale at the
Website at any time, and does not provide price protection or refunds in the event of a
price drop or promotional offering.
Order Status
Once you place an order, Climbthepeaks will send you a personalized email within two
(2) business days (not including Saturdays, Sundays and Statutory Holidays in Canada) to
confirm the shipping costs for your order and to finalize your order. When your order is
shipped, Climbthepeaks will send you a shipment confirmation email with the shipping
carrier tracking number, if available.
Disclaimer of Warranties; Limitations of Liability
(a) THERE ARE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER,
STATUTORY OR OTHERWISE, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE, WHICH EXTEND BEYOND
ANY WARRANTIES SET OUT IN THESE TERMS OF SALE. THE LIABILITY
OF CLIMBTHEPEAKS UNDER THESE TERMS OF SALE SHALL BE LIMITED
IN THE MANNER HEREIN PROVIDED, AND SHALL IN NO EVENT EXCEED
THE TOTAL PRICE OF THE PRODUCTS OR SERVICES INVOLVED. IN NO
EVENT SHALL CLIMBTHEPEAKS BE LIABLE FOR CONSEQUENTIAL,
INDIRECT OR SPECIAL DAMAGES;
(b) CLIMBTHEPEAKS DOES NOT GUARANTEE, REPRESENT OR WARRANT
THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR
ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME
CLIMBTHEPEAKS MAY REMOVE THE ONLINE STORE OR THE WEBSITE
FOR INDEFINITE PERIODS OF TIME , OR CANCEL ANY SERVICE ANY AT
ANY TIME, WITHOUT NOTICE TO YOU;
(c) CLIMBTHEPEAKS DOES NOT GUARANTEE, REPRESENT OR WARRANT
THAT THE ANY SERVICE PROVIDED BY THE WEBSITE WILL BE FREE
FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE,
HACKING, OR OTHER SECURITY INTRUSION, AND CLIMBTHEPEAKS
DISCLAIMS ANY LIABILITY RELATING THERETO;
(d) CLIMBTHEPEAKS SHALL USE REASONABLE EFFORTS TO PROTECT
INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE
SERVICES PROVIDED BY THE WEBSITE, BUT YOU ACKNOWLEDGE AND
AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR
SOLE RISK, AND CLIMBTHEPEAKS HEREBY DISCLAIMS ANY AND ALL
LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH
INFORMATION IN ANY WAY;
(e) YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR
SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT
AGAINST CLIMBTHEPEAKS ARISING OUT OF YOUR PURCHASE OR USE
OF PRODUCTS ORDERED VIA THE WEBSITE;
(f) YOU AGREE TO FOLLOW ALL INSTRUCTIONS AND HEED ALL
WARNINGS ACCOMPANYING ANY PRODUCTS ASSOCIATED WITH THE
WEBSITE. SOME PRODUCTS, INCLUDING THOSE WITH SMALL PIECES,
MAY NOT BE SUITABLE FOR CHILDREN AND SHOULD BE KEPT OUT OF
THE REACH OF CHILDREN. ALL TOOLS USED FOR CONSTRUCTION OF
CRAFT PRODUCTS MUST BE USED CAREFULLY AND WITH ADULT
SUPERVISION; AND
(g) IN NO EVENT SHALL CLIMBTHEPEAKS.COM, ITS OFFICERS, DIRECTORS,
EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES RESULTING FROM ANY CLAIM, INJURY OR DAMAGE
INCURRED BY YOU FROM YOUR USE OF THE WEBSITE, CONTENT OR
CLIMBTHEPEAKS.COM SOFTWARE.
Indemnity
BY USING THE WEBSITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD
HARMLESS CLIMBTHEPEAKS, ITS OFFICERS, DIRECTORS, EMPLOYEES AND
AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES,
OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES
(INCLUDING BUT NOT LIMITED TO LEGAL FEES) ARISING FROM OR
RELATED TO YOUR USE OF ANY ITEMS PURCHASED VIA THE WEBSITE,
YOUR VIOLATION FO ANY ASPECT OF THESE TERMS OF SALE, OR YOUR
VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING, WITHOUT
LIMITATION, ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT.
Title and Risk
Notwithstanding any other provision contained herein, title and risk of loss or damage
shall pass to you upon delivery of the products to any shipping carrier.
Intellectual Property Rights
The content on the Website, including the text, software, scripts, graphics, photos,
sounds, music, videos, and interactive features (“Content”) and the trademarks, trade
names, service marks and logos contained therein (“Marks”), are owned by or licensed to
Climbthepeaks, subject to copyright and other intellectual property rights under Canadian
law and international conventions. Content on the Website is provided to you AS IS for
your information and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for
any other purposes whatsoever without prior written consent and/or payment of the
applicable licence fee to the owners. Climbthepeaks reserves all rights not expressly
granted in and to the Website and the Content. You agree not to engage in the use,
copying, or distribution of any of the Content other than expressly permitted herein. You
agree not to circumvent, disable or otherwise interfere with security related features of
the Website or features that prevent or restrict use or copying of any Content or enforce
limitations on use of the Website or the Content therein.
Third Party Websites
The Website may contain links to third party websites that are not owned or controlled by
Climbthepeaks and Climbthepeaks assumes no responsibility for these third party
websites. By using the Website, you acknowledge and agree that Climbthepeaks is not
responsible for examining or evaluating the content or accuracy of any such third-party
material or websites and you expressly discharge Climbthepeaks from any and all liability
arising from your use of any third-party website. Climbthepeaks does not warrant or
endorse and does not assume and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials, products, or services of third
parties. Links to other websites are provided solely as a convenience to you. You agree
that you will not use any third-party materials in a manner that would infringe or violate
the rights of any other party, and that Climbthepeaks is not in any way responsible for
any such use by you.
Export Regulations
Any products or services purchased via the Website may be subject to government export
control regulations. You will comply with all applicable export laws and regulations
related to the use, disclosure, export, or re-export of any such products or services
purchased through the Website.
Age Requirements
You confirm that you are either at least 18 years of age, or possess legal parental or
guardian consent, and are fully able to enter into the terms, conditions, obligations,
representations, and warranties described in these Terms of Sale, and to abide by and
comply with them.
Governing Law
You agree that the climbthepeaks.com Website shall be deemed solely based in British
Columbia, Canada and that these Terms of Sale shall be governed by the laws of the
Province of British Columbia, Canada whose courts shall have exclusive jurisdiction.
You agree that any cause of action in relation to the climbthepeaks.com Website must be
commenced within one (1) year after the cause of action accrues, or such cause of action
is permanently barred.