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CLIMB CRAFTS TERMS OF SERVICE

Last Updated: August 26, 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between you and CLIMB Crafts LLC (“CLIMB,” “we,” “us,” or “our”) and govern your access to and use of CLIMB’s websites, applications and, where available, membership services, Maker Profile, Your CLIMB Guide, Maker Journey, Maker Vault, community features, Guided Experiences, Contributions, Maker Spotlights, support, referrals, and any other products or services that reference these Terms (collectively, the “Services”). Unless CLIMB expressly states that separate terms govern a particular Service instead of these Terms, these Terms apply to each Service that references them. By creating an account, selecting an acceptance control, or otherwise accessing or using a Service after these Terms are presented to you, you agree to be bound by them. If you do not agree to these Terms, you may not access or use the Services.

The Privacy Policy, CLIMB Maker Trust Pledge, Community Principles and Guidelines, Content Ownership, Sharing and AI Policy, Reporting, Decisions and Appeals Policy, Cookie Policy, applicable copyright and urgent-image-removal procedures, accessibility notices, feature-specific privacy notices, and other policies or notices identified for a Service supplement these Terms where applicable. The Guided CLIMB Experience Participation Agreement, Contribution and Publication Agreement, checkout or paid-service terms, and other service-specific agreements become part of the applicable contractual relationship only when they are presented and affirmatively accepted as required (“Additional Terms”).

Record-specific permissions, including permissions for a Maker Spotlight, testimonial, external marketing, advertising, publicity or presentation, name/image/voice/likeness use, event recording, merchandise, AI model training or fine-tuning, or another identified use, apply only to the content, purpose, audience, channel, and use identified in the applicable permission record and are not granted by general acceptance of these Terms. To the extent of any conflict, a record-specific permission controls solely with respect to the exact content, purpose, audience, channel, and use expressly authorized by that permission; applicable Additional Terms control solely with respect to the Service or subject matter they expressly govern; these Terms control the general account, platform, community, content, and enforcement relationship; the Privacy Policy and any applicable feature-specific privacy notice govern disclosures concerning CLIMB’s collection, use, disclosure, retention, and other processing of personal information for the processing they address; and supplemental conduct, content, reporting, safety, and similar policies do not expand a narrower record-specific permission.

To independently accept these Terms and maintain an independent adult account, you must be at least 18 years of age, have reached any higher age or contractual-capacity threshold required by applicable law, and otherwise have legal capacity to enter into a binding contract. You may not access or use the Services if applicable law prohibits you from receiving or using them. You must provide accurate, current, and complete account information and may not misrepresent your age, identity, affiliation, account ownership, or authority. The adult registration process applies only to independent adult accounts. A person who does not satisfy the applicable age or contractual-capacity requirements may not independently register through that process.

CLIMB may make designated youth, teen, family, educational, library, nonprofit, or organization-sponsored Services available under applicable Additional Terms, privacy notices, parent or guardian authorization or consent, organization authorization where legally permitted, youth assent where appropriate, and age-appropriate safeguards. The availability of public educational or craft content does not constitute an offering of a youth account or designated youth Service. A parent’s, guardian’s, school’s, library’s, or organization’s authorization does not constitute the youth participant’s acceptance of the adult Terms or grant any record-specific publication, publicity, marketing, likeness, recording, or AI-training permission. If CLIMB permits a youth profile or managed account to transition to independent control, the participant must satisfy the then-applicable eligibility requirements and affirmatively accept the then-current Terms.

You are responsible for maintaining the confidentiality and security of your account credentials and devices and for activity conducted through an account you control until you notify CLIMB of unauthorized access and CLIMB has had a reasonable opportunity to act, except to the extent applicable law provides otherwise. You must promptly notify CLIMB of unauthorized access, impersonation, or suspected compromise. You may not create or control an account without the required authority; share, sell, license, or transfer an account except through an authorized CLIMB process; share privileged or restricted-access accounts or credentials; impersonate another person or entity; circumvent age, eligibility, security, access, suspension, termination, or other account restrictions; or create or use another account to evade an enforcement action.

If you access or use a Service on behalf of a business, nonprofit, school, library, government entity, or other organization, you represent and warrant that you have authority to bind that entity to the terms applicable to the Service. CLIMB may request information reasonably necessary to verify age, eligibility, identity, account ownership, authority, or account security and may restrict, suspend, or decline access if required information is not provided, cannot reasonably be verified, or indicates that the account is ineligible or unauthorized.

CLIMB provides membership-based maker navigation, education, community, resource discovery, progress support, and guided support. Depending on the Services available to you, CLIMB may provide account and membership features; Maker Profile; Your CLIMB Guide; Maker Path and Journey Stage navigation; Maker Journey, Check-Ins, progress and participation tracking; community spaces and member interaction; Maker Vault resources; Guided Experiences; Contribution and publication opportunities; support, reporting, and trust-and-safety functions; and other features and functionality made available in connection with member navigation, participation, and progress.

CLIMB may use information associated with your Maker Profile, Maker Path, Journey Stage, goals, current needs, project or creative context, support preferences, prior participation, Check-Ins, progress, settings, and activity to personalize the Services, maintain continuity, and recommend or make available resources, community spaces, Guided Experiences, Contribution opportunities, support, or other actions that may be relevant to you. Recommendations and other information made available through the Services are provided for informational and educational purposes only and do not constitute legal, tax, accounting, investment, financial, medical, mental-health, employment, product-safety, or other professional advice. You remain responsible for evaluating and deciding whether to follow a recommendation, use a resource, contact another person, make a purchase, change a creative or business practice, or take another action. CLIMB does not warrant or guarantee any particular creative, commercial, financial, business, project, community, publication, or other outcome.

Maker Vault may make available CLIMB Materials, approved Member Contributions, and approved third-party resources, subject to the access, audience, attribution, permissions, licenses, and other conditions applicable to the resource. The availability or presentation of a resource in Maker Vault does not, by itself, create or modify a personalized recommendation or expand the audience, license, permission, or permitted use applicable to that resource. Unless CLIMB expressly offers a transaction under applicable Additional Terms, Maker Vault does not, by itself, create a purchase, sale, license, commission, provider, instructor, or other commercial relationship.

You are responsible for evaluating whether any project, instruction, resource, material, tool, equipment, technique, or recommendation made available through the Services is appropriate for your circumstances and for complying with applicable manufacturer instructions, warnings, and safety precautions. Certain Services may be offered without charge. If CLIMB offers a paid Service, the applicable price and material payment, renewal, cancellation, refund, tax, fulfillment, and other transaction terms will be presented before you authorize the transaction. CLIMB will not charge you for a Service without applicable transaction authorization.

CLIMB may develop, test, modify, or introduce Services, features, resources, processes, and support options based on member needs, Service usage, research, testing, feedback, and other information processed as described in the Privacy Policy. Any materially different use of personal information, new contractual relationship, paid Service, or activity requiring separate permission will be subject to the applicable notice, consent, Additional Terms, or record-specific permission.

The Services contain materials and proprietary elements owned by CLIMB or licensed to CLIMB, including software and code; visual interfaces; designs and look and feel; names, trademarks, service marks, logos, slogans, and other brand elements; text, graphics, documentation, guides, templates, prompts, worksheets, and original resources; navigation, guidance, progress, routing, classification, and resource-organization frameworks; taxonomies, compilations, and original selection, coordination, and arrangement of resources or information; application programming interfaces, databases, data structures, system architecture, technical documentation, and other materials provided by CLIMB or its licensors (collectively, “CLIMB Materials”), in each case to the extent protected by applicable law or proprietary-rights principles.

Member Content and third-party content, resources, software, or other materials do not become CLIMB Materials merely because they are made available through the Services. CLIMB’s rights in the selection, organization, arrangement, interface, taxonomy, or presentation of content do not transfer ownership of the underlying Member Content or third-party material to CLIMB. All right, title, and interest in and to CLIMB Materials remain with CLIMB or the applicable licensors.

Subject to your compliance with these Terms and any applicable Additional Terms, CLIMB grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and CLIMB Materials solely for your authorized use of the Services and the intended purpose of the applicable CLIMB Material. If CLIMB makes an authorized mobile application available, this license includes the right to install and use an authorized copy of that application on a device you own or control, subject to any applicable app-store or third-party terms. A particular CLIMB Material, software component, resource, or feature may be subject to a separate license or Additional Terms, which govern that material or feature to the extent of any conflict. Third-party or open-source software included in or used with the Services may be governed by separate license terms, and nothing in these Terms limits rights granted under an applicable third-party or open-source license.

Except as expressly authorized by CLIMB or the applicable rights holder, permitted by an applicable separate license, or permitted by applicable law, you may not reproduce, distribute, sell, resell, sublicense, publicly display, publish, materially modify, or create derivative works from CLIMB Materials outside their authorized use; mirror or frame substantial portions of the Services or CLIMB Materials; scrape, crawl, harvest, or systematically collect substantial portions of CLIMB Materials; use bots, scripts, applications, APIs, or automated means to access non-public portions of the Services except through an authorized interface; reverse engineer, decompile, disassemble, or attempt to derive non-public source code or technical information; circumvent access, security, usage, or technical controls; or remove or alter copyright, trademark, attribution, or other proprietary notices.

You may not falsely claim ownership of CLIMB Materials or use CLIMB’s names, trademarks, service marks, logos, slogans, or other brand identifiers in a manner likely to suggest sponsorship, endorsement, employment, agency, partnership, certification, or other affiliation that CLIMB has not authorized. The license granted under these Terms does not grant a separate license to use CLIMB’s trademarks or brand identifiers except as necessarily displayed through authorized use of the Services or as separately authorized by CLIMB. You may not copy, extract, or use non-public CLIMB Materials, substantial portions of CLIMB Materials, or CLIMB’s proprietary selection, organization, taxonomy, routing, or arrangement of information to create or support a substantially similar or competing service. You also may not systematically use non-public CLIMB Materials or substantial portions of CLIMB Materials to train, fine-tune, build, or develop an artificial-intelligence or machine-learning model or dataset except with CLIMB’s express authorization or as otherwise permitted by applicable law.

Nothing in these Terms authorizes access to or use of CLIMB’s trade secrets, confidential information, non-public software, internal system architecture, unreleased features, internal processes, or other non-public proprietary information. The license granted under this Section terminates when your right to access or use the applicable Service ends, except to the extent a separate license expressly provides otherwise. No license or other right is granted by implication, estoppel, or otherwise. CLIMB and its licensors reserve all rights not expressly granted.

5. Member Content; Contributions; License; Rights of Others

You retain any ownership rights you have in content that you create, upload, submit, send, or otherwise make available through the Services, including posts, comments, project images, files, messages, Contributions, and other maker-created materials (“Member Content”). You are responsible for your Member Content and represent and warrant that you have the rights, licenses, releases, permissions, consents, and authority necessary to submit it and permit the uses authorized under these Terms, any applicable Additional Terms, and any applicable permission record. You may not submit Member Content in a manner that violates another person’s intellectual-property, privacy, publicity, confidentiality, contractual, or other rights. You are responsible for determining whether Member Content contains confidential, proprietary, embargoed, commercially sensitive, personal, or other information that is appropriate for the audience you select and for obtaining any authorization necessary to disclose information concerning another person.

By submitting Member Content to a CLIMB audience or Service, you grant CLIMB a non-exclusive, worldwide, royalty-free license to host, store, reproduce, format, technically adapt, transmit, display, secure, moderate, preserve, back up, classify, tag, index, organize, search, retrieve, and present that Member Content solely as reasonably necessary to provide, operate, protect, administer, maintain, navigate, and improve the applicable Service and authorized audience; provide search, resource-discovery, recommendation, and continuity functions within that scope; process reports, appeals, disputes, copyright or other legal requests; maintain records reasonably required for the Services; and comply with applicable law. CLIMB may permit service providers acting on its behalf to exercise those rights only as reasonably necessary to perform services for CLIMB and subject to applicable contractual restrictions. Where an applicable feature displays attribution or account identification, CLIMB may display the attribution information associated with the Member Content. CLIMB’s classification, tagging, indexing, organization, recommendation, or presentation of Member Content does not transfer ownership of the Member Content to CLIMB or expand the authorized audience or permitted use.

Member Content or participation outside the Contribution process, including community activity, Check-Ins, private messages, Maker Profile information, project updates, or other activity on the Services, does not become a formal Contribution merely because it may be useful to other makers. Participation in a Contribution process is voluntary. A Contribution is created only when you intentionally submit material through an applicable CLIMB Contribution process and accept the applicable Contribution and Publication Agreement as required. Submission permits CLIMB to review the proposed Contribution but does not guarantee acceptance, publication, featuring, placement, compensation, or continued availability.

CLIMB may review a proposed Contribution for source, rights, attribution, permissions, intended audience, files or media, accuracy, safety, suitability, and other matters reasonably related to the proposed use; request clarification or revisions; and approve, decline, pause, remove, or authorize an applicable CLIMB publication destination consistent with the Contribution and Publication Agreement and recorded permissions. CLIMB’s review, acceptance, classification, publication, or presentation of Member Content or a Contribution does not constitute a representation or warranty that the content is accurate, original, non-infringing, lawful, safe, complete, or free of third-party claims and does not transfer your responsibility for the content to CLIMB. Approval for one destination, audience, or use does not authorize another destination, a broader audience, or a materially different use.

If an approved Contribution is made available through Maker Vault, the contributor, attribution, source materials and files, approved audience or destination, applicable rights and permissions, and withdrawal status associated with the Contribution continue to govern the Maker Vault presentation. Maker Vault presentation does not create a separate Contribution or grant of rights and does not expand the audience, license, permission, or permitted use applicable to the Contribution. A material change to the Contribution, attribution, media set, approved publication destination, audience, or scope of use may require renewed acceptance or permission to the extent the existing authorization does not cover the change. If a Contribution is based on Member Content that also exists independently in another CLIMB feature, withdrawal of the Contribution affects the Contribution and its authorized publication destinations but does not automatically delete or change the independently submitted Member Content, which remains governed by the rules, audience, and deletion controls applicable to the original Service.

Submitting or publishing a Contribution does not, by itself, authorize CLIMB to sell, commercially license, monetize, or otherwise commercially exploit the Contribution and does not, by itself, entitle the contributor to compensation, royalties, revenue sharing, or other payment. CLIMB may offer contributors optional paid-resource, commercial licensing, revenue-sharing, marketplace, workshop, instructor, provider, organizational, or other monetization programs from time to time. If you elect to participate in such a program, the applicable Additional Terms, commercial terms, licenses, permissions, transaction terms, or other authorization presented for that program will govern the authorized commercial uses, distribution channels, compensation or revenue sharing, fees, payment and tax treatment, duration, withdrawal or termination rights, and other applicable conditions.

An approved Contribution may be made available through Maker Vault without charge or, when an applicable commercial Service has been activated and the required commercial rights and terms are in effect, as a paid, licensed, premium, bundled, sponsored, or otherwise monetized resource. Maker Vault presentation does not itself create the commercial authorization, payment obligation, entitlement, or transaction record; those matters are governed by the applicable commercial Service and terms. The commercial status of a Maker Vault resource may change under applicable commercial terms without requiring the underlying Contribution to be recreated solely because the resource becomes paid or commercially distributed. If a Contribution is later made available under paid, licensed, subscription, organizational, or other commercial terms, withdrawal from future distribution does not, by itself, terminate rights or access previously granted to purchasers, licensees, members, organizations, or other authorized recipients under the applicable commercial terms.

The foregoing operational license and any Contribution publication authorization do not, by themselves, authorize CLIMB to use Member Content for external advertising, social-media promotion, merchandise, a named Maker Spotlight, a testimonial, an external presentation, name/image/voice/likeness promotion, event recording, or training or fine-tuning an artificial-intelligence or machine-learning model. Those uses require the applicable separate agreement or record-specific permission. CLIMB does not intentionally use Member Content, private messages, applications, or information submitted through reporting, safety, copyright, privacy, or other rights or safety processes to train or fine-tune a generative-AI model without separate, informed permission. If Member Content concerns a minor, you must have the lawful authority and permissions required for the submission and selected audience. General account, parent, guardian, family, school, library, or organization authorization does not, by itself, grant external publicity, likeness, event-recording, or AI-training rights concerning a minor.

An audience or visibility setting limits how CLIMB presents or makes Member Content available through the Services but does not create a confidentiality obligation for recipients or guarantee that a recipient will not copy, retain, record, screenshot, download, archive, index, or redistribute the content. When you make Member Content available to other members, the public, or another authorized audience, or authorize CLIMB to publish or distribute content through Maker Vault or another approved destination, you acknowledge that recipients may be able to view, download, copy, screenshot, record, link to, archive, index, redistribute, or otherwise retain the content.

CLIMB does not guarantee that access controls, attribution, rights notices, moderation, technological safeguards, reporting procedures, or removal processes will prevent infringement, plagiarism, theft, impersonation, fraud, scams, unauthorized copying, redistribution, or other misuse by a person outside CLIMB’s control. You are responsible for deciding whether Member Content is appropriate for the audience and distribution scope you select or authorize. CLIMB is not responsible for a third party’s independent misuse of Member Content solely because the content was originally submitted to, displayed through, or distributed from the Services, except to the extent responsibility cannot be limited under applicable law or arises from CLIMB’s own breach of these Terms, the Privacy Policy, applicable Additional Terms, or an applicable permission. CLIMB cannot require a person or service outside CLIMB’s control to delete, return, stop using, or destroy a copy that the person or service independently possesses. CLIMB may provide copyright, reporting, impersonation, safety, moderation, and other rights or safety processes, but those processes do not guarantee prevention of misuse, recovery of content, recovery of money or other losses, identification of the responsible person, or removal of copies from third-party systems.

When Member Content is deleted from active use, the operational license terminates prospectively to the extent CLIMB no longer requires the content for the foregoing purposes, subject to reasonable backup cycles; legal preservation; safety, security, fraud-prevention, copyright, privacy, appeal, dispute, compliance, and defense records; copies already delivered to recipients; copies lawfully created or retained by third parties outside CLIMB’s control; and any continuing use separately authorized by a valid agreement or permission. A Contribution withdrawal similarly ends future CLIMB-controlled presentation to the extent reasonably practicable within the scope of the applicable Contribution Agreement and commercial terms without requiring CLIMB to retrieve or delete copies previously obtained, distributed, indexed, archived, or retained by persons or services outside CLIMB’s control.

Access to another person’s Member Content does not grant you ownership or a license to reproduce, republish, sell, sublicense, remove attribution from, scrape, archive, commercially exploit, or use protected or non-public content to train or develop artificial-intelligence or machine-learning systems, except as expressly authorized by the rights holder, an applicable resource-specific license or Additional Terms, or applicable law. You are responsible for retaining your own copies of original creative work and other information that is important to you; the Services are not intended to serve as your sole archival storage system.

You must comply with these Terms, applicable Additional Terms, the Community Principles and Guidelines, the Content Ownership, Sharing and AI Policy, and applicable law. You may not use the Services to engage in unlawful, fraudulent, deceptive, abusive, threatening, intimidating, harassing, hateful, unlawfully discriminatory, defamatory, exploitative, or infringing conduct, including impersonation; stalking; bullying or targeted harassment; doxxing; nonconsensual recording; unauthorized disclosure of another person’s private, confidential, sensitive, or restricted information; phishing, scams, deceptive opportunities, or fraudulent payment requests; spam or unauthorized solicitation; retaliation; fabricated or manipulated evidence; coordinated false reports; misuse of reporting, privacy, copyright, safety, or appeals processes; or conduct that violates another person’s intellectual-property, privacy, publicity, confidentiality, contractual, or other legal rights.

You may not use the Services to manipulate or fraudulently influence feedback, progress, participation, referral, engagement, eligibility, or similar Service records or signals; collect or use member information for an unauthorized purpose; introduce malicious code; obtain or attempt to obtain unauthorized access to an account, system, data, or non-public portion of the Services; probe, scan, or test vulnerabilities without authorization; circumvent access, entitlement, usage, rate-limit, security, or technical controls; interfere with, disrupt, degrade, or overload the Services; or engage in scraping, crawling, harvesting, automated extraction, or other automated access except through an interface or method authorized by CLIMB or as otherwise permitted by applicable law.

If a Service permits listings, opportunities, transactions, sales, licensing, or other commercial activity, you may not use that Service to offer, promote, distribute, sell, license, or transact in stolen, counterfeit, infringing, fraudulent, deceptive, or unlawful goods, content, opportunities, or services. You may not use the Services to create, solicit, upload, publish, transmit, distribute, threaten to create, publish, transmit, or distribute, or otherwise facilitate nonconsensual intimate imagery, including materially altered, synthetic, AI-generated, or otherwise manipulated intimate imagery of an identifiable person; child sexual abuse material; sexual exploitation or grooming; sexual extortion; solicitation of sexual content from a minor; or other content or conduct that sexually exploits or unlawfully endangers a minor or adult. You also may not use the Services to make credible threats of violence or facilitate unlawful violence against another person.

Reports concerning nonconsensual intimate imagery, including altered, synthetic, or AI-generated intimate depictions, may be submitted through CLIMB’s separate Urgent Image Removal Notice and Request Process. Copyright complaints are governed by CLIMB’s separate Copyright Notice and Counter-Notice Process. These specialized procedures supplement and do not limit CLIMB’s general reporting, safety, moderation, security, legal-compliance, or law-enforcement cooperation processes. You may not attempt, direct, assist, encourage, enable, or facilitate another person to engage in conduct prohibited by this Section or use another account, person, device, or technical method to evade an applicable restriction.

The Services may contain, display, recommend, categorize, link to, embed, integrate with, depend on, or otherwise make available content, resources, websites, applications, tools, products, services, opportunities, organizations, or other materials provided by members or independent third parties. CLIMB does not control independent third parties and does not warrant or guarantee their identity, authority, background, qualifications, credentials, legitimacy, statements, advice, representations, products, services, payment ability, security, availability, accuracy, content, privacy practices, or intentions. The inclusion, availability, classification, recommendation, referral, ranking, listing, or presentation of a member, resource, organization, opportunity, product, service, or third party through CLIMB does not, by itself, constitute CLIMB’s endorsement, certification, sponsorship, warranty, or guarantee. Any screening, verification, review, moderation, eligibility determination, credential review, or other check performed by CLIMB is limited to its stated purpose and does not guarantee a person’s identity, background, qualifications, reliability, solvency, intentions, or future conduct.

You are responsible for independently evaluating communications, links, resources, recommendations, offers, collaboration proposals, commissions, payment requests, purchases, products, services, qualifications, and other arrangements before relying on them or providing money, property, creative work, confidential information, personal information, or other value. You are also responsible for exercising appropriate judgment before moving communications off the Services or meeting another person in person. Third-party websites, applications, tools, integrations, resources, payment services, and other independent services may be subject to separate terms, licenses, privacy policies, fees, security practices, and other conditions established by the applicable third party. Your use of those services is governed by the applicable third-party terms and policies. A link, integration, embed, referral, or technical connection does not make CLIMB a party to your agreement with the third party unless CLIMB expressly agrees otherwise.

Unless CLIMB expressly assumes a different role under applicable Additional Terms, any agreement, collaboration, commission, purchase, sale, license, service relationship, payment arrangement, communication, meeting, or other transaction between you and another member or third party is solely between the applicable parties. Participation, listing, contribution, referral, recommendation, or availability through the Services does not, by itself, make another member or third party an employee, agent, partner, representative, franchisee, joint venturer, or authorized spokesperson of CLIMB.

To the extent permitted by applicable law, CLIMB is not responsible for another member’s or independent third party’s fraud, scam, phishing, theft, nonpayment, chargeback, misrepresentation, impersonation, failure to perform, breach of an agreement, defective or unlawful product or service, unauthorized conduct, or other independent act or omission solely because the interaction, referral, communication, or relationship originated through or involved the Services. Nothing in this paragraph limits responsibility that cannot lawfully be limited or responsibility arising from CLIMB’s own breach of these Terms, applicable Additional Terms, the Privacy Policy, or an applicable permission.

CLIMB may investigate conduct, preserve records, facilitate communications, provide reporting or fraud-prevention tools, restrict accounts or features, remove content, take safety or moderation action, or otherwise enforce the Terms or applicable policies without becoming a party to the underlying private relationship or assuming an obligation to determine the parties’ legal rights or resolve their private dispute. Unless applicable Additional Terms expressly provide otherwise, CLIMB does not guarantee recovery of money, property, Member Content, services, or other losses; identification of the responsible person; reversal of a payment or charge; performance of another party’s obligations; or successful resolution of a member or third-party dispute.

CLIMB may in the future offer marketplace, payment, commercial-resource, provider, instructor, workshop, commission, organization, transaction-support, dispute-support, or other Services in which CLIMB assumes a different or additional role. If such a Service is offered, the applicable Additional Terms will identify CLIMB’s role and govern the relevant transactions, payments, fees, licenses, fulfillment, refunds, cancellations, disputes, protections, responsibilities, and other conditions. Nothing in this Section prevents CLIMB from assuming such a role under those applicable terms.

CLIMB may offer Guided Experiences designed to provide structured maker navigation and support concerning a particular need, project, decision, or next step. Guided Experiences may vary in purpose, format, duration, eligibility, capacity, timing, available support, level of support provided by CLIMB personnel, technology used, and scope. A particular Guided Experience is subject to the Guided CLIMB Experience Participation Agreement and any applicable privacy notice or other Additional Terms presented for that experience. Acceptance of these Terms does not, by itself, enroll you in or guarantee access to a Guided Experience. CLIMB may use information permitted under these Terms, the Privacy Policy, the applicable Guided Agreement, and applicable notices to maintain context and adjust the sequence, resource, recommendation, next action, support method, or other aspects of a Guided Experience based on information obtained during participation. Participation in a Guided Experience does not create a fiduciary, licensed professional-adviser, agency, employment, partnership, joint-venture, or other professional-client relationship and does not transfer responsibility for your creative, commercial, financial, business, project, or safety decisions to CLIMB.

CLIMB may offer research cohorts, pilot programs, preview functionality, early-access features, beta features, research activities, controlled tests, limited releases, or other experimental functionality from time to time. Such functionality may be incomplete, contain errors, differ from a later release, or be modified, expanded, restricted, replaced, suspended, or discontinued. Participation does not create an entitlement to continued access, general availability, a particular launch date, the same functionality, the same eligibility or capacity, the same level of support, or the same pricing or commercial terms in a later release. CLIMB may establish lawful participation, eligibility, capacity, timing, and access criteria for such activities.

CLIMB may request surveys, interviews, Check-Ins, usability observations, evaluations, research responses, or other information to provide, evaluate, test, troubleshoot, and improve the Services as described in the Privacy Policy and applicable notices. Participation in an interview, survey, usability study, or other research activity identified as optional is voluntary. Unless CLIMB expressly states otherwise, participation in research, testing, or a Guided Experience does not entitle you to compensation. Participation also does not authorize CLIMB to publish your name, likeness, photograph, testimonial, Maker Story, creative work, identifiable experience, or other material subject to separate permission for advertising, publicity, or another record-specific use.

“Product Feedback” means ideas, suggestions, comments, feature requests, evaluations, bug reports, or similar input that you intentionally submit to CLIMB for the purpose of evaluating, improving, developing, or testing CLIMB products or Services. Product Feedback is voluntary. To the extent Product Feedback is protected by intellectual-property or similar rights, you grant CLIMB a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, analyze, modify, adapt, incorporate, create derivative works from, and otherwise use the Product Feedback to develop, test, operate, improve, support, market, and commercialize CLIMB products and Services. CLIMB has no obligation to implement, use, respond to, attribute, or compensate you for Product Feedback unless CLIMB expressly agrees otherwise in writing. CLIMB may independently develop, acquire, or receive ideas, functionality, products, or services similar to Product Feedback, and no obligation arises solely from that similarity. Unless CLIMB expressly agrees otherwise in writing before submission, Product Feedback is not submitted or received subject to a duty of confidentiality.

Member Content, creative works or concepts submitted for another purpose, Maker Profile information, Check-Ins, private messages, Guided Experience or other private Service responses, project information, Maker Stories, testimonials, Contributions, applications, confidential information, safety or protection reports, privacy requests, copyright or urgent-removal submissions, permission records, youth information, and other material submitted for an identified purpose other than Product Feedback are not Product Feedback unless you expressly submit that material as Product Feedback through an applicable feedback process. Information collected through research, surveys, Guided Experiences, or Service usage does not become Product Feedback merely because CLIMB may use permitted findings to evaluate or improve the Services. Product Feedback does not grant CLIMB a Maker Spotlight, testimonial, external advertising or publicity, name/image/voice/likeness, Contribution-publication, event-recording, marketing-communication, or AI model-training or fine-tuning permission. Product Feedback and other research or testing information remain subject to the Privacy Policy and applicable feature-specific privacy notices. If CLIMB later makes a Guided Experience, research activity, pilot, or test feature available to a youth participant, the applicable youth or family Additional Terms, privacy notices, authorizations, consents, assent, and age-appropriate safeguards will apply.

9. Content Moderation; Restrictions; Suspension and Termination

CLIMB may review reports, content, account activity, and other information reasonably necessary to administer and protect the Services and may preserve, limit, restrict, remove, disable access to, or disclose content or account information when CLIMB reasonably determines that such action is appropriate to enforce these Terms, applicable Additional Terms, or policies governing the applicable Service; investigate or address fraud, abuse, infringement, exploitation, prohibited conduct, or security incidents; protect CLIMB, members, third parties, or the public; secure a compromised or potentially compromised account; preserve evidence; prevent or mitigate harm; comply with applicable law or legal process; or protect the integrity or availability of the Services. CLIMB may take action for conduct or content that violates applicable CLIMB terms or policies whether or not the conduct is independently unlawful.

Enforcement or protective measures may include education or warnings; content removal or restriction; attribution correction; audience or visibility limitations; communication, Contribution, publication, role, entitlement, transaction, commercial, or other feature restrictions where applicable; temporary security holds; additional verification requirements; suspension; or termination of a particular Service or account. CLIMB is not required to use any particular measure or sequence of measures before taking another action and may apply an action to particular content, an audience, feature, Service, role, transaction capability, or account as reasonably appropriate. CLIMB may take temporary or immediate action before completing a full review when delay could materially increase a safety, exploitation, fraud, scam, account-compromise, evidence-destruction, security, service-integrity, or legal risk. A protective restriction, security hold, or verification requirement does not necessarily constitute a finding that the account holder violated these Terms.

Where legally permitted and reasonably practicable, CLIMB may provide notice of a material enforcement action and information concerning any available review or appeal process. CLIMB may limit or withhold information where disclosure would compromise another person’s privacy or safety; confidential information; security, moderation, abuse-detection, or fraud-prevention methods; an investigation; legal privilege; evidence preservation; the integrity of the Services; or a legal obligation. Submitting a report, response, or appeal does not automatically stay an enforcement, security, safety, evidence-preservation, or legal-compliance action. CLIMB may modify, reverse, reduce, extend, or restore an enforcement or protective action when additional information, review, appeal, legal process, changed circumstances, or correction of an error warrants it. CLIMB may also take appropriate action concerning related accounts where CLIMB reasonably determines that they are controlled or used to evade an enforcement action, continue prohibited conduct, or materially increase a safety, fraud, exploitation, or security risk.

Good-faith reporting, participation in an authorized appeal, or lawful exercise of a privacy, copyright, safety, or other legal right is not prohibited. Knowingly fabricated reports, manipulated evidence, coordinated false reporting, abuse of reporting or appeals processes, or retaliation against a reporter or participant may result in enforcement action. If CLIMB offers a paid Service, failure to pay an amount you validly authorized may result in restriction, suspension, or termination of the applicable paid Service as provided in the applicable Additional Terms. Any broader payment, transaction, seller, provider, instructor, marketplace, organization, or commercial restriction will be governed by the applicable terms for that Service.

Suspension, restriction, or termination does not require CLIMB to delete records that CLIMB may retain under these Terms, the Privacy Policy, applicable Additional Terms, an applicable permission, or applicable law and does not affect provisions, accrued rights, licenses, payment obligations, dispute rights, or other obligations that by their nature or express terms survive suspension or termination.

CLIMB respects the intellectual-property rights of others and expects members to do the same. CLIMB does not undertake to pre-screen or legally clear all Member Content, Contributions, Maker Vault resources, or third-party materials for intellectual-property infringement, and CLIMB’s review, acceptance, categorization, recommendation, publication, or presentation of content does not constitute a determination that the content is non-infringing or otherwise legally cleared.

Copyright complaints and any applicable counter-notification procedure are governed by CLIMB’s published Copyright Notice and Counter-Notice Process. A copyright owner or authorized representative may submit a complaint through the copyright-reporting route identified in that process. CLIMB may administer and respond to copyright complaints under these Terms and its policies whether or not CLIMB has elected to rely on a statutory notice-and-takedown safe harbor. Nothing in this Section prevents CLIMB from investigating, restricting, removing, preserving, or taking other action concerning content under these Terms or applicable policies even if a submission does not satisfy every requirement of a statutory copyright notice.

CLIMB may request information reasonably necessary to identify the protected work or right, locate the challenged material, evaluate the basis of a complaint, verify the reporting party’s authority where appropriate, and contact the applicable parties. CLIMB may preserve relevant material and records; remove, restrict, or disable access to identified material; notify an affected account; request additional information; provide an applicable response, counter-notice, or review opportunity; disclose a complaint, counter-notice, or response to an affected party where required or reasonably necessary and legally permitted; restore material when appropriate; and take action concerning repeated infringement or abuse of the rights-reporting process. Restoration of material under a copyright or other rights process does not prevent CLIMB from restricting or removing the material under another applicable provision of these Terms, Additional Terms, or policies.

CLIMB’s removal, restriction, restoration, or other action concerning disputed material is an operational action and does not constitute a judicial or other binding determination of copyright ownership, trademark rights, infringement, validity, authorization, fair use, license scope, or legal liability. CLIMB is not required to adjudicate complex intellectual-property disputes between members or third parties and may require the parties to obtain an appropriate legal determination where necessary.

Submission of a complaint, counter-notice, ownership evidence, source material, or other information through a rights or safety process does not transfer ownership of that material to CLIMB or grant CLIMB permission to use it for unrelated publication, promotion, Product Feedback, or AI model training or fine-tuning. Complaints concerning trademarks, service marks, counterfeit branding, false affiliation, or other intellectual-property or proprietary rights may be submitted through the rights-reporting or other process CLIMB makes available for that concern. A copyright counter-notification process does not apply to a non-copyright complaint unless applicable law or the published process expressly provides otherwise.

A person submitting an intellectual-property complaint, counter-notice, response, or supporting evidence must provide information in good faith and must not knowingly make a false, fraudulent, or material misrepresentation. CLIMB may decline an incomplete or unsupported request, request additional information, and take action under these Terms against abuse of intellectual-property, reporting, appeal, or protection processes. Nothing in these Terms limits any liability that applicable law imposes for knowingly making a material misrepresentation in an infringement notice or counter-notice.

CLIMB may restrict or terminate accounts for repeated infringement or repeated unauthorized conduct in appropriate circumstances. In evaluating repeated infringement, CLIMB may consider valid complaints or notices, counter-notices, withdrawals or retractions, court orders or judgments, related accounts, the nature and frequency of the conduct, and other reasonably relevant information. If CLIMB elects to rely on the notice-and-takedown procedures associated with 17 U.S.C. § 512 and maintains a current registered designated agent, the published Copyright Notice and Counter-Notice Process will identify that agent and the applicable notice, counter-notice, repeat-infringer, restoration, and designated-agent procedures. Until those requirements have been completed and verified, CLIMB will use the term “Copyright Contact” rather than represent that a person or address is its registered designated agent.

CLIMB’s Privacy Policy, Cookie Policy, and applicable feature-specific privacy notices describe how CLIMB collects, uses, discloses, retains, protects, and otherwise processes personal information in connection with the Services. Nothing in this Section expands CLIMB’s authority to process personal information beyond those applicable disclosures, permissions, consents, or other lawful bases.

CLIMB may provide account, administrative, security, privacy, legal, safety, support, Guided Experience, participation, research or testing, transaction, and other Service-related notices and communications through email, in-Service messages, app or device notifications, or other electronic channels made available for the applicable Service, subject to applicable law and any permissions required for the communication method. You are responsible for maintaining accurate and current contact information associated with your account.

Certain non-promotional communications may be necessary to administer your account or an applicable Service, protect security or safety, provide requested support or participation information, communicate legal or policy matters, administer a transaction you request, or comply with applicable law. Opting out of promotional communications does not close your account or prevent CLIMB from sending non-promotional communications concerning your account, the Services, security, safety, legal obligations, privacy or protection processes, Guided Experiences in which you participate, or transactions you request.

Promotional and marketing communications are subject to applicable law and available communication preferences. Acceptance of these Terms, creation of an account, participation in a Guided Experience, submission of Member Content or a Contribution, or acceptance of another Service agreement does not, by itself, constitute consent to receive promotional communications where separate consent is required. Marketing communication consent is separate from any Maker Spotlight, testimonial, external advertising or publicity, name/image/voice/likeness, Contribution-publication, event-recording, or other record-specific content-use permission.

CLIMB may invite you to participate in surveys, interviews, research activities, usability studies, or other research. Unless the applicable Service expressly identifies an activity as required for that Service, receipt of a research communication does not make participation mandatory. Research and Product Feedback are governed by Section 8, the Privacy Policy, and any applicable notice. Where CLIMB offers optional push, text, or similar device-based communications, those communications may be subject to your device settings, communication preferences, carrier or service-provider terms, and any consent required by applicable law. Disabling an optional communication channel does not necessarily disable communications that must be provided through another available channel for security, legal, safety, account, or Service administration.

Electronic delivery of notices or records that applicable law requires to be provided in writing is subject to Section 16 and applicable law. If CLIMB later makes a youth Service available, communications concerning a youth participant may also be subject to the applicable youth or family Additional Terms, privacy notice, parent or guardian authorization, and age-appropriate communication controls.

CLIMB may add, modify, update, replace, suspend, restrict, or discontinue all or any part of the Services from time to time, subject to applicable law and applicable Additional Terms. Where reasonably practicable or legally required, CLIMB may provide notice before a material change or discontinuation that substantially affects an active Service. CLIMB is not required to provide advance notice of routine maintenance, bug fixes, security measures, resource or content updates, testing, minor functionality or interface changes, or temporary actions reasonably necessary to address safety, security, fraud, legal, technical, or Service-integrity concerns.

You may discontinue use of the Services and request voluntary account closure through the account controls or support channels CLIMB makes available. Voluntary account closure under this Section is separate from restriction, suspension, or termination by CLIMB under Section 9. Before closing an account, you should retain copies of Member Content, records, or other information you wish to keep. CLIMB does not guarantee continued account access, retrieval, or restoration after account closure.

Discontinuing use, closing an account, removing Member Content, withdrawing a Contribution, withdrawing or revoking an applicable permission, and requesting deletion of personal information are separate actions and may have different effects. Account closure does not, by itself, constitute withdrawal of a Contribution, revocation of a record-specific permission, termination of a separate license, cancellation of an Additional Term or other agreement, or exercise of a statutory privacy deletion right. Contributions, permissions, licenses, and other service-specific relationships remain subject to the applicable Contribution Agreement, permission record, Additional Terms, withdrawal process, or other governing terms. Removal or withdrawal of particular Member Content, a Contribution, or a permission likewise does not, by itself, close your account or delete all personal information associated with it.

Personal-information access, correction, deletion, portability, objection, restriction, consent withdrawal, authorized-agent requests, verification, appeal rights, and applicable exceptions are governed by the Privacy Policy, applicable privacy notices, and applicable law. Account closure, content removal, Contribution withdrawal, permission withdrawal, and personal-information deletion may be subject to applicable legal, contractual, technical, safety, security, fraud-prevention, evidentiary, dispute, and retention requirements.

Closure or deletion does not require CLIMB to delete information that CLIMB is required or permitted to retain, including as applicable historical Terms and Additional Terms acceptance records; consent and permission records and withdrawals; transaction or payment records; open disputes or claims; safety, abuse, fraud, security, moderation, reporting, appeal, copyright, intellectual-property, urgent-removal, or privacy-request records; legal holds; records reasonably necessary to establish, exercise, or defend legal rights; or information retained in backups pending normal deletion or overwriting. Content or information may also remain where another person lawfully received, copied, downloaded, archived, shared, or otherwise retained it; where it remains subject to a continuing authorized license or other right; or where it is held by an independent third party outside CLIMB's control. CLIMB cannot require an independent third party to delete material outside CLIMB's possession or control.

Account closure, deletion, or later withdrawal does not retroactively terminate rights already lawfully granted to recipients, purchasers, licensees, organizations, or other authorized users under applicable terms, licenses, permissions, or transaction records, except to the extent the applicable agreement or law expressly provides otherwise. Nothing in this paragraph expands any recipient's rights beyond the applicable authorization. If CLIMB offers a paid, transactional, commercial-resource, provider, instructor, marketplace, organization, or similar Service, closure or discontinuation of that Service may also be governed by applicable Additional Terms addressing payments, cancellations, refunds, fulfillment, continuing licenses, transaction records, and other obligations. Closing an account does not eliminate accrued obligations, claims, rights, licenses, or provisions that survive under these Terms or applicable Additional Terms.

If CLIMB later makes a youth, family, guardian-managed, school-sponsored, organization-sponsored, or other managed Service available, account closure, content removal, consent withdrawal, permission withdrawal, and personal-information deletion may also be subject to the applicable youth or family Additional Terms, privacy notice, parent or guardian authorization, youth rights, organization authority, and applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR AN EXPRESS WARRANTY, REMEDY, OR COMMITMENT THAT CLIMB SPECIFICALLY PROVIDES IN WRITING IN APPLICABLE ADDITIONAL TERMS, THE SERVICES, CLIMB MATERIALS, MEMBER CONTENT, CONTRIBUTIONS, MAKER VAULT RESOURCES, THIRD-PARTY CONTENT AND SERVICES, AND ALL OTHER CONTENT, INFORMATION, MATERIALS, FEATURES, AND FUNCTIONALITY MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. CLIMB DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, SECURITY, AVAILABILITY, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

CLIMB DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT EVERY ERROR OR DEFECT WILL BE IDENTIFIED OR CORRECTED; THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT SECURITY, ACCESS-CONTROL, BACKUP, MODERATION, FRAUD-PREVENTION, OR OTHER PROTECTIVE MEASURES WILL PREVENT EVERY UNAUTHORIZED ACCESS, LOSS, MISUSE, SECURITY INCIDENT, OR THIRD-PARTY ACT; OR THAT PILOT, PREVIEW, BETA, EARLY-ACCESS, OR TEST FUNCTIONALITY WILL BE COMPLETE OR PERFORM THE SAME AS A LATER RELEASE.

CLIMB DOES NOT WARRANT MEMBER CONTENT; CONTRIBUTIONS; THIRD-PARTY CONTENT, RESOURCES, SERVICES, OR INTEGRATIONS; THE IDENTITY, QUALIFICATIONS, CONDUCT, PERFORMANCE, PAYMENT ABILITY, OR REPRESENTATIONS OF ANOTHER MEMBER OR THIRD PARTY; OR THE ACCURACY, LEGALITY, RELIABILITY, SAFETY, SUITABILITY, OR AVAILABILITY OF INFORMATION OBTAINED THROUGH THOSE SOURCES. CLIMB DOES NOT WARRANT THAT MEMBER CONTENT, THIRD-PARTY RESOURCES, PROJECT INSTRUCTIONS, TECHNIQUES, MATERIALS, TOOLS, EQUIPMENT, OR OTHER MAKER RESOURCES ARE SAFE, SUITABLE, COMPLETE, OR APPROPRIATE FOR EVERY PERSON, PROJECT, ENVIRONMENT, OR USE.

CLIMB DOES NOT WARRANT OR GUARANTEE THAT A RECOMMENDATION, ROUTE, MAKER PATH, JOURNEY STAGE, GUIDED EXPERIENCE, RESOURCE, REFERRAL, CONTRIBUTION OPPORTUNITY, PUBLICATION OPPORTUNITY, OR OTHER SERVICE WILL RESULT IN SALES, REVENUE, PROFIT, BUSINESS FORMATION, CUSTOMER ACQUISITION, AUDIENCE GROWTH, COMMISSIONS, EMPLOYMENT, OPPORTUNITIES, PROJECT COMPLETION, PUBLICATION, CREATIVE SUCCESS, OR ANY OTHER PARTICULAR OUTCOME. “MEANINGFUL MAKER PROGRESS” IS A CLIMB FRAMEWORK FOR EVALUATING PROGRESS AND IS NOT A WARRANTY OR GUARANTEE OF A PARTICULAR RESULT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLIMB CRAFTS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST OPPORTUNITIES, LOSS OF GOODWILL, REPUTATIONAL HARM, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF CONTENT OR DATA, OR LOSS OF ANTICIPATED SAVINGS ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, OR APPLICABLE ADDITIONAL TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF CLIMB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR LIABILITY THAT CANNOT LAWFULLY BE LIMITED AND EXCEPT TO THE EXTENT APPLICABLE ADDITIONAL TERMS EXPRESSLY PROVIDE A DIFFERENT LIMIT, THE AGGREGATE LIABILITY OF CLIMB CRAFTS LLC AND THE OTHER PERSONS IDENTIFIED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, OR THE APPLICABLE ADDITIONAL TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS YOU PAID DIRECTLY TO CLIMB FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, REGARDLESS OF THE NUMBER OF CLAIMS, THEORIES OF LIABILITY, OR FORMS OF ACTION. IF APPLICABLE ADDITIONAL TERMS EXPRESSLY PROVIDE A DIFFERENT LIABILITY CAP FOR A PARTICULAR PAID OR COMMERCIAL SERVICE, THAT CAP CONTROLS SOLELY FOR THAT SERVICE.

THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS A WARRANTY, STATUTORY RIGHT, REMEDY, OR LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, OR AN EXPRESS WARRANTY, REMEDY, OR COMMITMENT THAT CLIMB SPECIFICALLY PROVIDES IN WRITING IN APPLICABLE ADDITIONAL TERMS. THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION REFLECT THE PARTIES’ ALLOCATION OF RISK IN CONNECTION WITH THE SERVICES.

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless CLIMB Crafts LLC and its officers, directors, employees, contractors, agents, licensors, service providers, and affiliates (collectively, the “Indemnified Parties”) from and against third-party claims, demands, actions, proceedings, liabilities, damages, judgments, settlements, losses, and reasonable costs and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your Member Content or Contributions, including an actual or alleged claim that the Member Content or Contribution, or CLIMB's use of it within the scope you authorized, infringes, misappropriates, or violates another person's intellectual-property, privacy, publicity, confidentiality, contractual, or other rights; (b) your representation that you possess rights, licenses, releases, permissions, consents, authority, or other authorization required under these Terms, applicable Additional Terms, or an applicable permission or Contribution process; (c) your material violation of these Terms or applicable Additional Terms; (d) your violation of applicable law; (e) your infringement, misappropriation, or violation of another person's rights; (f) your material misuse of the Services or prohibited conduct; (g) your lack of authority to act for an entity or another person where you represented that such authority existed; or (h) where applicable, a product, service, offer, transaction, commission, collaboration, or other arrangement that you independently provide, offer, or undertake through or in connection with a Service.

CLIMB will provide reasonably prompt notice of a covered claim when practicable. A delay in notice does not relieve you of an indemnification obligation except to the extent the delay materially prejudices the defense. You agree to provide reasonable information and cooperation reasonably necessary for the defense of a covered claim at your expense. If you control the defense of a covered claim, the defense must be conducted by counsel reasonably acceptable to CLIMB. CLIMB may participate in the defense with counsel of its choosing at its own expense. You may not settle a covered claim without CLIMB's prior written consent if the settlement does not provide a complete release of the applicable Indemnified Parties from the covered claim or if it imposes liability, an admission, obligation, restriction, continuing duty, or other adverse condition on an Indemnified Party.

CLIMB may, at its own expense, assume exclusive control of the defense of a covered claim. If CLIMB assumes exclusive control, you remain responsible for covered judgments, settlements, and other indemnified amounts to the extent provided by this Section, but you will not be responsible for CLIMB's defense costs incurred after that assumption except to the extent those additional costs result from your failure to provide required cooperation or are otherwise governed by applicable Additional Terms.

Your indemnification obligation does not apply to the extent a claim results from CLIMB's use of Member Content or a Contribution outside the rights, permissions, licenses, or other authorization granted to CLIMB, or from other conduct for which CLIMB is legally responsible and responsibility cannot lawfully or contractually be shifted to you. Nothing in this Section expands CLIMB's rights in Member Content, a Contribution, or material subject to separate permission. Applicable Additional Terms may establish additional or different indemnification obligations, defense procedures, or risk-allocation terms for a particular paid, transactional, commercial, provider, instructor, marketplace, organization, event, or other Service, and those provisions control solely with respect to the Service they expressly govern. This Section applies to third-party claims and does not create a separate right to indemnification or attorneys' fees for a direct dispute between you and CLIMB except where applicable law or another applicable agreement expressly provides otherwise.

Before initiating a formal legal proceeding arising out of or relating to these Terms, applicable Additional Terms, or the Services, you and CLIMB agree to attempt in good faith to resolve the dispute informally, except where immediate judicial or equitable relief is reasonably necessary or where applicable law provides otherwise. A party initiating informal resolution must provide written notice identifying the person or entity asserting the claim; applicable account, Service, order, payment, transaction, or other identifying information where relevant; the nature and basis of the dispute and the material facts giving rise to it; the relief requested; and other information reasonably sufficient for the receiving party to identify and evaluate the dispute. A notice is complete when it contains information reasonably sufficient to identify and evaluate the dispute. An immaterial omission does not prevent the informal-resolution period from beginning. The receiving party may request additional information reasonably necessary to evaluate or attempt to resolve the dispute.

A dispute notice to CLIMB may be sent to support@climbcrafts.org or by mail to CLIMB Crafts LLC, 1870 The Exchange SE Ste 220, PMB 829798, Atlanta, GA 30339-2171, or through another legal-notice method that CLIMB expressly identifies for dispute notices. CLIMB may send a dispute notice to the email address, mailing address, or other contact method associated with your account or otherwise provided by you for the applicable Service. The parties will have thirty (30) days after receipt of a complete notice to attempt in good faith to resolve the dispute unless they agree in writing to another period. Nothing in this informal-resolution requirement prevents either party from taking a filing or other procedural action reasonably necessary to preserve a claim, defense, or other right before an applicable limitations, filing, or response period expires, provided that the party continues to participate in the informal-resolution process where reasonably practicable.

These Terms and disputes arising out of or relating to these Terms or the Services are governed by the laws of the State of Georgia, without regard to conflict-of-law principles, except to the extent applicable nonwaivable law requires otherwise. Subject to applicable law, a court proceeding arising out of or relating to these Terms or the Services must be brought in a state court of competent jurisdiction located in Cobb County, Georgia, or, if federal subject-matter jurisdiction exists, in the United States District Court for the Northern District of Georgia, Atlanta Division, and each party consents to personal jurisdiction in those courts.

Nothing in this Section prevents either party from bringing an individual claim in an eligible small-claims court with jurisdiction or from seeking temporary, emergency, preliminary, or other appropriate injunctive or equitable relief where reasonably necessary to protect intellectual-property rights, confidential information, safety, security, account integrity, evidence, or against imminent or irreparable harm. The foregoing choice-of-law and venue provisions do not deprive a consumer of a mandatory protection, remedy, forum, or other right under applicable law that cannot lawfully be waived by contract. Nothing in this Section creates a right or remedy that applicable law does not otherwise provide.

Applicable Additional Terms may establish a different governing-law, forum, mediation, arbitration, or other dispute-resolution provision for a particular paid, commercial, provider, instructor, marketplace, organization, enterprise, or other Service only when those Additional Terms expressly state that they replace or modify this Section for that Service. Any such provision remains subject to applicable law and the acceptance requirements governing those Additional Terms.

Changes to These Terms. CLIMB may revise these Terms from time to time to reflect changes in the Services, applicable law, legal or regulatory requirements, security or safety practices, business operations, or other matters addressed by these Terms. Each published version will identify its applicable effective or last-updated date. If CLIMB makes a material revision, CLIMB will provide notice as required by applicable law or otherwise reasonably appropriate before the revision becomes effective. Notice may be provided through an applicable account notice, email, in-Service notice, or other communication method permitted under Section 11 and applicable law.

CLIMB may require affirmative reacceptance when a revision materially affects member rights or obligations, payment responsibilities, dispute-resolution terms, information use, content rights, permissions, or available protections, or when affirmative acceptance is otherwise required by applicable law or the applicable acceptance process. Where renewed affirmative acceptance is required, the applicable revised provision will not apply to an existing member until the required acceptance has occurred. For revisions that do not require affirmative reacceptance, continued access to or use of the affected Services after the effective date of the revised Terms following any required notice constitutes acceptance of the revised Terms to the extent permitted by applicable law. If you do not agree to revised Terms, you may discontinue use of the affected Services and close your account, subject to Sections 5, 9, 12, 14, 15, this Section, applicable Additional Terms, and obligations or rights that survive.

A revision to these Terms does not, by itself, expand a record-specific permission, convert an authorized audience or use into a materially broader use, or grant a new Maker Spotlight, testimonial, external advertising or publicity, name/image/voice/likeness, Contribution-publication, event-recording, marketing-communication, AI model-training or fine-tuning, or other permission-controlled right. Any such additional permission remains subject to the applicable separate permission process.

Electronic Contracting and Records. When CLIMB presents an electronic acceptance control for these Terms, applicable Additional Terms, an acknowledgment, or another applicable agreement, consent, or permission, your selection of that control constitutes your electronic action with respect to the document or transaction presented, to the extent permitted by applicable law. A contract, signature, or record is not denied legal effect solely because it is in electronic form, subject to applicable law. Acceptance of one document or permission does not constitute acceptance of another unless the applicable interface clearly presents both and records the applicable acceptance.

CLIMB may make applicable agreements and records available in a form capable of being downloaded, printed, or otherwise retained and may provide an accessible copy through Support. Where applicable law gives you a right to withdraw consent to future electronic records or transactions, you may use the withdrawal process CLIMB makes available. Withdrawal operates prospectively, does not invalidate an agreement, acceptance, signature, or record completed before the withdrawal became effective, and may affect your ability to use a Service that requires electronic transactions. Where applicable law requires information to be provided to a consumer in writing and CLIMB relies on electronic delivery, CLIMB will provide the disclosures and consent process required by applicable law, which may include information concerning applicable hardware or software requirements, updating electronic contact information, withdrawal of consent, and the consequences of withdrawal. Nothing in these Terms requires use of an electronic record or signature where applicable law requires another legally available method or accommodation.

Acceptance and Version Evidence. CLIMB may retain records reasonably sufficient to establish the agreement, notice, consent, permission, or other document presented and the applicable acceptance or response, including as applicable the member or account identifier; document title and type; version number; effective date; date and time of acceptance; acceptance source, screen, interface, or process; prior notice or receipt information; documents, Additional Terms, policies, or permissions linked to the acceptance action; and an exact document snapshot, reliable content hash, or other evidence sufficient to identify the content presented. CLIMB may also retain records concerning material-change notices, reacceptance, withdrawal, replacement, supersession, and historical status to the extent permitted by the Privacy Policy, applicable retention requirements, and applicable law.

Entire Agreement and Order of Control. These Terms, together with applicable Additional Terms and other agreements or record-specific permissions that Section 1 expressly makes part of the applicable contractual relationship, constitute the entire agreement between you and CLIMB concerning their respective subject matter and supersede prior or contemporaneous agreements concerning the same subject matter only to the extent those agreements actually applied between the parties and have been validly superseded. The order-of-control rules in Section 1 govern any inconsistency.

Severability; Waiver. If any provision of these Terms is held invalid, illegal, or unenforceable, the provision will be limited, modified, or severed to the minimum extent necessary to the extent permitted by applicable law, and the remaining provisions will continue in effect. CLIMB's or your failure to exercise or enforce a right or provision on one occasion does not waive that right or provision or any other right or provision on another occasion.

Assignment. You may not assign or transfer these Terms, an account, or your rights or obligations under these Terms without CLIMB's prior written consent, except where applicable law provides otherwise. CLIMB may assign or transfer these Terms and applicable rights and obligations in connection with a lawful merger, acquisition, reorganization, financing, corporate restructuring, sale or transfer of assets, or other lawful business transaction, subject to applicable law and the Privacy Policy. An assignment does not, by itself, expand the scope of a Member Content license or record-specific permission beyond the authorization otherwise applicable to it.

Relationship of the Parties; Third-Party Beneficiaries. Except as expressly provided in applicable Additional Terms or another applicable agreement, these Terms do not create an employment, agency, partnership, joint venture, fiduciary, franchise, or similar relationship between you and CLIMB. Except where these Terms or applicable Additional Terms expressly provide otherwise, there are no third-party beneficiaries of these Terms.

Force Majeure. To the extent permitted by applicable law, neither party is responsible for delay or failure to perform an obligation under these Terms, other than an obligation to pay an amount already due, to the extent the delay or failure results from circumstances beyond that party's reasonable control, including natural disasters, widespread infrastructure or telecommunications failures, acts of government, war, terrorism, civil disorder, labor disruptions, or comparable events, provided that this provision does not excuse an obligation to the extent applicable law prohibits the excuse.

Interpretation; Language. Section headings are for convenience only and do not affect interpretation. Unless the context requires otherwise, the term “including” means “including without limitation.” If CLIMB provides a translation of these Terms, the English-language version controls to the extent permitted by applicable law unless CLIMB expressly states otherwise.

Survival. Provisions that by their nature or express terms should survive account closure, suspension, termination, expiration, replacement, or discontinuation remain in effect to the extent applicable, including provisions concerning intellectual-property rights; valid licenses and permissions; rights already granted to authorized recipients; acceptance, consent, permission, transaction, and preservation records; accrued claims, liabilities, and payment obligations; warranty disclaimers; limitations of liability; indemnification; dispute resolution; and records lawfully retained for safety, security, fraud prevention, copyright or intellectual-property matters, privacy requests, legal compliance, disputes, or establishment, exercise, or defense of legal rights. Applicable Additional Terms and record-specific permissions survive to the extent expressly provided or required by their nature or applicable law.

Contact. General questions concerning these Terms may be submitted through CLIMB Support. Formal dispute notices are governed by Section 15. Privacy, copyright, safety, accessibility, urgent-removal, and other specialized requests are governed by the contact method or process identified in the applicable policy, notice, or procedure.

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