Welcome to climbtakeaction.com (the “Site”). These Terms of Use (“Terms”) are a binding agreement between you and FieldPixel LLC (“we,” “us,” or “our”), the operator of the Site.

By accessing or using the Site, you agree to follow these Terms. If you do not agree, you may not use the Site.

The Site is intended for users who are 13 years of age or older. If you are under 18, you represent that a parent or legal guardian has granted you permission to use the Site and agrees to these Terms.

How we may modify these Terms

We may revise these Terms from time to time. When we do, we will post the updated Terms on the Site. The revised Terms will apply from the time they are posted.

If you continue to use the Site after the revised Terms are posted, you are agreeing to the updated Terms. If you do not accept the updated Terms, stop using the Site.

Informational content only

The Site publishes general content for informational and educational purposes. While we try to present content in a clear and useful way, the Site may include errors, omissions, or outdated information.

No professional relationship. Your use of the Site does not create a professional relationship with us. The Site does not provide legal, medical, financial, tax, or other professional advice. Always seek guidance from qualified professionals for your particular circumstances.

You are solely responsible for evaluating the accuracy and usefulness of any information on the Site and for decisions you make based on that information.

Ownership and intellectual property

Unless otherwise noted, the Site and its content are owned by FieldPixel LLC or its licensors and are protected by applicable intellectual property laws.

We allow you to access and use the Site for personal, non-commercial purposes. This permission is limited and can be revoked if you do not comply with these Terms.

Limits on copying and automated access

You may not, without our prior written permission:

  • Reproduce, distribute, republish, or publicly display Site content.
  • Scrape, harvest, or extract content or data from the Site by automated means, including bots, headless browsers, or scripts.
  • Use the Site or content in a way that competes with the Site, including content aggregation or republication elsewhere.
  • Modify, translate, adapt, or create derivative works from Site content for publication.
  • Remove or alter copyright, trademark, or other proprietary notices.

Rules for using the Site

When you use the Site, you agree not to misuse it or interfere with it. You also agree not to use the Site in ways that harm others or violate laws.

Examples of prohibited conduct include:

  • Attempting to gain access to restricted areas, accounts, servers, or networks you are not authorized to access.
  • Trying to bypass security features, authentication measures, or access controls.
  • Introducing malicious code, including viruses, worms, trojans, or spyware.
  • Using the Site to send spam, chain messages, or unsolicited promotions.
  • Using automated tools to generate excessive requests or to collect information from the Site without permission.
  • Engaging in harassment, threats, defamation, or infringement of another person’s rights.
  • Disrupting or attempting to disrupt the Site’s operation, including through denial-of-service attacks or similar activity.

We may investigate suspected violations and cooperate with law enforcement as required by law.

Third-party links and references

The Site may link to third-party websites or reference third-party products and services. Those third parties are not under our control. We provide links and references for convenience only.

We are not responsible for third-party content, availability, or practices. When you leave the Site, you should review the third party’s terms and privacy policies.

Advertising and affiliate disclosures

The Site may display advertisements, sponsored placements, or other promotional content. We may also use affiliate links, which means we may receive a commission if you purchase through those links.

We do not promise outcomes or endorse every product or service that appears on the Site. You should do your own research before relying on third-party offerings.

Disclaimer of warranties

To the fullest extent permitted by law, the Site and all content and services provided through it are provided on an “as is” and “as available” basis. We disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Site will always be available, uninterrupted, secure, or free of errors, or that any defects will be corrected. You assume all risk for any damage to your device or loss of data that may result from using the Site.

Limitation of liability

To the maximum extent permitted by law, FieldPixel LLC and its owners, employees, contractors, and agents will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, business opportunities, goodwill, data, or other intangible losses, arising out of or related to your use of (or inability to use) the Site, even if we have been advised of the possibility of such damages.

Where liability cannot be fully excluded, our total liability for any claim arising out of or relating to the Site or these Terms will not exceed one hundred U.S. dollars (US$100) or the amount you paid to us (if any) to use the Site in the twelve (12) months before the claim arose, whichever is greater.

Some jurisdictions do not allow certain limitations or exclusions. In those jurisdictions, the above limitations apply only to the extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless FieldPixel LLC and its owners, employees, contractors, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use or misuse of the Site;
  • Your violation of these Terms;
  • Your violation of any law or regulation; or
  • Your infringement of a third party’s rights.

Termination

We may suspend or terminate access to the Site at any time if we believe you have violated these Terms or if your use of the Site creates security, legal, or operational risk. We may also modify or discontinue the Site (in whole or in part) at any time.

Termination does not affect provisions that should survive by their nature, including intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

Governing law and jurisdiction

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-laws principles.

You agree that any dispute arising out of or relating to these Terms or the Site will be resolved exclusively in the state or federal courts located in or for Austin, Texas, and you consent to personal jurisdiction and venue in those courts.

Standard legal provisions

Severability

If any part of these Terms is held invalid or unenforceable, that part will be limited to the minimum extent necessary, and the remaining Terms will remain in full force and effect.

Entire agreement

These Terms are the entire agreement between you and us regarding the Site and supersede any prior agreements or understandings about the Site.

Waiver

No waiver of any provision of these Terms will be effective unless it is in writing and signed by us. Our failure to enforce a provision does not waive our right to enforce it later.

Contact us

If you have questions about these Terms, please contact:

FieldPixel LLC

Mailing address: 401 Congress Avenue, Austin, TX 78701

Email: [email protected]

Phone: 512-761-7706