Last updated: June 10, 2017
Welcome to macclimber.com. MAC Climber, Inc. and/or its affiliates (“MAC Climber”) provide website features and other products and services to you when you visit or shop at MAC Climber.com, use MAC Climber products or services, use MAC Climber applications for mobile, or use software provided by MAC Climber in connection with any of the foregoing (collectively, “MAC Climber Services”). MAC Climber provides the MAC Climber Services subject to the following conditions.
By using MAC Climber Services, you agree to these conditions. Please read them carefully.
We offer a wide range of MAC Climber Services, and sometimes additional terms may apply.
Please review our Privacy Notice, which also governs your use of MAC Climber Services, to understand our practices.
When you use MAC Climber Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other MAC Climber Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any MAC Climber Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of MAC Climber or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any MAC Climber Service is the exclusive property of MAC Climber and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any MAC Climber Service are trademarks or trade dress of MAC Climber in the U.S. and other countries. MAC Climber’s trademarks and trade dress may not be used in connection with any product or service that is not MAC Climber’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MAC Climber. All other trademarks not owned by MAC Climber that appear in any MAC Climber Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MAC Climber.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use, and your payment of any applicable fees, MAC Climber or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the MAC Climber Services. This license does not include any resale or commercial use of any MAC Climber Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any MAC Climber Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by MAC Climber or its licensors, suppliers, publishers, rights holders, or other content providers. No MAC Climber Service, nor any part of any MAC Climber Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MAC Climber. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MAC Climber without express written consent. You may not use any meta tags or any other “hidden text” utilizing MAC Climber’s name or trademarks without the express written consent of MAC Climber. You may not misuse the MAC Climber Services. You may use the MAC Climber Services only as permitted by law. The licenses granted by MAC Climber terminate if you do not comply with these Conditions of Use.
You may need your own MAC Climber account to use certain MAC Climber Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. MAC Climber does not sell products for children, only to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the MAC Climber Services only with involvement of a parent or guardian. MAC Climber reserves the right to refuse service, terminate accounts, terminate your rights to use MAC Climber Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MAC Climber reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant MAC Climber a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MAC Climber and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MAC Climber for all claims resulting from content you supply. MAC Climber has the right but not the obligation to monitor and edit or remove any activity or content. MAC Climber takes no responsibility and assumes no liability for any content posted by you or any third party.
MAC Climber respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email us to firstname.lastname@example.org and write in subject Claim of Copyright Infringement for a review of the claim.
RISK OF LOSS
All purchases of physical items from MAC Climber are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
MAC Climber does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, MAC Climber does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.
MAC Climber attempts to be as accurate as possible. However, MAC Climber does not warrant that product descriptions or other content of any MAC Climber Service is accurate, complete, reliable, current, or error-free. If a product offered by MAC Climber itself is not as described, your sole remedy is to return it in unused condition. Please see Return Policy for instructions.
“List Price” means the suggested retail price of a product as provided by a manufacturer. We regularly check List Prices against prices recently found on manufacturers and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on MAC Climber.
With respect to items sold by MAC Climber, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by MAC Climber is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
SANCTIONS AND EXPORT POLICY
You may not use any MAC Climber Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using MAC Climber Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
Parties other than MAC Climber provide services or software, or sell product lines through the MAC Climber Services website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). MAC Climber does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MAC CLIMBER SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MAC CLIMBER SERVICES ARE PROVIDED BY MAC CLIMBER ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MAC CLIMBER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MAC CLIMBER SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MAC CLIMBER SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MAC CLIMBER SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, MAC CLIMBER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAC CLIMBER DOES NOT WARRANT THAT THE MAC CLIMBER SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MAC CLIMBER SERVICES, MAC CLIMBER’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MAC CLIMBER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, MAC CLIMBER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MAC CLIMBER SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MAC CLIMBER SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any MAC Climber Service, or to any products or services sold or distributed by MAC Climber or through MAC Climber.com will be resolved in the US Federal District Court of Puerto Rico.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any MAC Climber Service, you agree that the applicable federal law, and the laws of the commonwealth of Puerto Rico, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MAC Climber.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our return policy, posted on this site. These policies also govern your use of MAC Climber Services. We reserve the right to make changes to our site, policies, return policy, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
MAC Climber, Inc.
P.O. Box 1577
Guaynabo, Puerto Rico 00970-1577