Terms of Use

1. Acceptance of These Terms

These Terms of Use (“Terms”) govern your access to and use of the ClimbWizely website and any other website, application, portal, assessment, digital resource, member area, or other online property operated by ClimbWizely that links to these Terms, including any content, functionality, tools, communications, and features made available through them collectively, the “Site.”

“ClimbWizely,” “we,” “us,” and “our” refer to ClimbWizely and any subsidiary or affiliate that adopts these Terms.

By accessing, browsing, or using the Site; submitting information through the Site; creating an account; registering for an event; purchasing an offering; or selecting a button or checkbox indicating your acceptance, you agree to be bound by these Terms.

If you do not agree to these Terms, do not access or use the Site.

If you use the Site on behalf of a company, employer, client, or other organization, you represent that you have authority to bind that organization to these Terms. In that case, “you” includes both you and that organization.

2. Privacy

Our collection, use, disclosure, and protection of personal information are described in the ClimbWizely Privacy Notice, which should be linked wherever these Terms appear.

By using the Site, you acknowledge that you have reviewed the Privacy Notice. If there is a conflict between these Terms and the Privacy Notice concerning how we handle personal information, the Privacy Notice will control.

Additional privacy, confidentiality, or data-processing terms may apply when we perform consulting, coaching, executive-search, assessment, leadership-development, or other professional services for a client.

3. Eligibility and Use by Minors

The Site is intended primarily for adults, professionals, business leaders, organizations, and individuals seeking personal, career, leadership, or organizational consulting, development, reorganization, transformation or any other service requested.

You may use the Site only if you are legally capable of entering into a binding agreement.

The Site is not directed to children under 13, and children under 13 may not create an account, submit personal information, or use interactive features of the Site.

If you are between 13 and the age of legal majority where you live, you may use the Site only with the permission and supervision of a parent or legal guardian. Any paid coaching, counseling, assessment, or other service provided to a minor must be arranged under a separate agreement with the involvement and consent of a parent or legal guardian where required by law.

A parent or legal guardian who permits a minor to use the Site agrees to these Terms on the minor’s behalf and is responsible for the minor’s use of the Site.

4. Changes to These Terms or the Site

We may revise these Terms from time to time to reflect changes in our business, the Site, our practices, technology, or applicable law.

When we revise the Terms, we will post the updated version and change the “Last updated” date. Unless otherwise stated, revisions become effective when posted. Where required by law, or where a change materially affects an existing paid online offering, we may provide additional notice.

Your continued use of the Site after revised Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to a revision, you must stop using the Site.

We may add, change, suspend, restrict, or discontinue any part of the Site at any time. Except as required by law or provided in a separate written agreement, we are not liable for modifying or discontinuing Site content or functionality.

Changes to these Terms do not amend a separately signed consulting, coaching, search, assessment, or other professional-services agreement unless that agreement expressly provides otherwise.

5. The Site Is Separate From Professional Services

The Site provides general information about ClimbWizely, our experience, our perspectives, and services that may be available.

Using the Site, completing a free assessment, subscribing to a newsletter, sending an inquiry, scheduling a discovery call, or communicating with ClimbWizely does not by itself create a:

• Consulting or advisory relationship;
• Coaching or counseling relationship;
• Client or customer relationship;
• Fiduciary relationship;
• Employment or recruiting relationship;
• Agency, partnership, or joint-venture relationship; or
• Confidential or privileged relationship.

A professional relationship begins only when ClimbWizely and the applicable client or participant enter into a separate written agreement or otherwise expressly agree in writing that an engagement has begun.

A separate agreement may govern the scope of work, fees, payment, cancellations, confidentiality, intellectual-property ownership, data use, deliverables, reliance, responsibilities, warranties, liability, and termination of a professional engagement.

If these Terms conflict with a separate written agreement, the separate agreement controls with respect to the professional services covered by that agreement. These Terms will continue to govern use of the Site.

6. Ownership of the Site and Site Content

The Site and all material made available through it, including:

• Articles, reports, newsletters, and other written material;
• Text, graphics, illustrations, photographs, icons, logos, audio, and video;
• Assessments, questions, scoring methods, recommendations, and results;
• Courses, programs, curricula, presentations, and workshop materials;
• Frameworks, methodologies, tools, templates, models, and processes;
• Research, analysis, business perspectives, and industry insights;
• Software, source code, object code, algorithms, databases, and digital tools;
• The Site’s visual design, navigation, organization, compilation, and arrangement; and
• Enhancements, adaptations, updates, and derivative works of the foregoing,

are collectively referred to as “Site Content.”

As between you and ClimbWizely, the Site and Site Content are owned by ClimbWizely or used under authorization from our licensors. They may be protected by copyright, trademark, trade-dress, database, unfair-competition, trade-secret, contract, and other intellectual-property or proprietary-rights laws.

Nothing in these Terms transfers ownership of the Site or Site Content to you. All rights not expressly granted are reserved by ClimbWizely and its licensors.

7. ClimbWizely Trademarks

The ClimbWizely name, logo, slogans, visual identity, program names, service names, designs, and other source-identifying features are trademarks, service marks, or trade dress of ClimbWizely or its licensors collectively, the “ClimbWizely Marks.”

You may make truthful, nonmisleading references to ClimbWizely where permitted by law. However, without our prior written permission, you may not:

• Use or reproduce a ClimbWizely Mark in advertising, marketing, or promotional material;
• Use a mark, business name, domain name, account name, or social-media handle that is confusingly similar to a ClimbWizely Mark;
• Suggest that ClimbWizely sponsors, endorses, certifies, or is affiliated with you, your organization, or your offering;
• Identify ClimbWizely as your client, partner, employer, or service provider in a press release, case study, website, presentation, proposal, or public statement, unless a separate agreement permits it;
• Alter, obscure, or combine a ClimbWizely Mark with another name, logo, or design; or
• Use a ClimbWizely Mark in a way that is likely to cause confusion, take unfair advantage of our reputation, or damage our goodwill.

Any goodwill resulting from an authorized use of a ClimbWizely Mark will benefit ClimbWizely.

8. Limited Permission to Use Site Content

Subject to these Terms, ClimbWizely grants you a limited, revocable, nonexclusive, nontransferable, and nonsublicensable right to access and use the Site and to display or print reasonable portions of Site Content solely for:

• Your personal informational use;
• Your internal business reference; or
• Another purpose expressly authorized by ClimbWizely in writing.

This permission is subject to the following conditions:

• You may not materially modify the Site Content.
• You must preserve all copyright, trademark, attribution, and proprietary notices.
• You may not sell, license, republish, or commercially exploit the Site Content.
• You may not use the Site Content to create a competing or substitute product, service, publication, assessment, course, database, or offering.
• You must comply with all other provisions of these Terms.

You may share links to publicly available Site pages and may use social-sharing features provided through the Site, provided that your use is accurate, lawful, and does not imply an endorsement or relationship that does not exist.

Nothing in these Terms is intended to eliminate rights that cannot lawfully be restricted, including rights that may exist under applicable copyright exceptions.

This limited permission terminates automatically if you violate these Terms.

9. Prohibited Uses

Except with our prior express written permission, you may not do or attempt to do any of the following:

9.1 Copying and commercial exploitation

You may not copy, reproduce, republish, upload, transmit, distribute, sell, license, rent, publicly display, publicly perform, translate, adapt, modify, or create derivative works from the Site or Site Content except as expressly permitted by these Terms or applicable law.

9.2 Scraping and data extraction

You may not access, search, collect, monitor, download, index, mine, extract, or compile data from the Site through scraping, crawling, spiders, bots, scripts, browser automation, manual systematic collection, or any other automated or high-volume method.

This restriction does not prohibit ordinary indexing by a general-purpose public search engine that complies with our technical instructions, including applicable robots.txt directives.

9.3 Artificial-intelligence and machine-learning uses

You may not use the Site or Site Content to develop, train, test, benchmark, validate, fine-tune, ground, or operate:

• A machine-learning or artificial-intelligence model;
• A generative-AI system;
• A large language model;
• An automated decision system;
• An embedding or vector database;
• A retrieval-augmented generation system;
• A synthetic-data system; or
• Any similar software, model, algorithm, or automated tool.

You also may not include Site Content in an AI training dataset, model-evaluation dataset, model output repository, knowledge base, or automated content-generation system without our express written permission.

Ordinary use of assistive technology or standard browser functionality by an individual for personal access is not prohibited by this paragraph.

9.4 Reverse engineering and circumvention

You may not otherwise reverse engineer, decompile, disassemble, decode, derive source code from, or otherwise attempt to discover the structure or operation of any software or technology used by the Site, except to the limited extent that applicable law expressly prohibits this restriction.

You may not remove, disable, bypass, or interfere with any security measure, access control, rate limit, watermark, disclaimer, attribution, usage control, or technological protection.

9.5 Mirroring, framing, and misleading linking

You may not otherwise mirror, frame, inline-link, or reproduce the Site or any material portion of it on another website, service, or interface in a way that obscures its source, alters its presentation, or suggests an unauthorized affiliation.

9.6 Security interference

You may not otherwise probe, scan, or test the vulnerability of the Site or any related system without written authorization; breach or attempt to breach security or authentication measures; introduce malware or harmful code; interfere with Site operation; or impose an unreasonable load on our infrastructure.

9.7 Unauthorized access

You may not otherwise access or attempt to access another person’s account, restricted area, system, data, or communication without authorization.

9.8 Impersonation and misrepresentation

You may not otherwise impersonate another person or organization, misrepresent your identity or authority, create a false account, or falsely state or imply an affiliation with ClimbWizely or another party.

9.9 Collection of personal information

You may not otherwise harvest, collect, purchase, compile, or use personal information about Site visitors, clients, candidates, participants, or other users without a lawful basis and appropriate authorization.

9.10 Unlawful or harmful conduct

You may not otherwise use the Site in connection with fraud, harassment, discrimination, threats, unlawful surveillance, infringement, unauthorized advertising, spam, or any conduct that violates applicable law or another person’s rights.

9.11 Unauthorized confidential information

You may not otherwise submit trade secrets, proprietary material, personal information, or confidential information that you do not have the legal right and authorization to provide.

9.12 Competitive misuse

You may not otherwise use the Site or Site Content to create, improve, market, or operate a competing offering; conduct systematic competitive intelligence; replicate a ClimbWizely assessment, program, framework, or methodology; or solicit ClimbWizely clients, candidates, personnel, or users through information obtained from the Site.

9.13 Sanctions and export violations

You may not otherwise use the Site in violation of applicable trade restrictions, export-control laws, economic sanctions, or restrictions relating to prohibited persons, entities, or territories.

We may investigate suspected violations and take any action we consider appropriate, including restricting access, removing material, preserving information, cooperating with lawful authorities, or pursuing legal remedies.

10. Accounts and Member Features

If we permit you to create an account or access a member, client, candidate, participant, or learning portal, you agree to:

• Provide complete and accurate registration information;
• Keep the information associated with your account current;
• Maintain the confidentiality of your login credentials;
• Use strong and unique credentials;
• Not share, sell, transfer, or permit unauthorized use of your account;
• Promptly notify us if you suspect unauthorized access or a security incident; and
• Accept responsibility for activity conducted through your account to the extent permitted by law.

We may reject an account registration, require verification, impose access conditions, suspend an account, or terminate an account where we reasonably believe it is necessary to protect users, ClimbWizely, our clients, the Site, or another party.

An account does not give you any ownership interest in the Site, Site Content, or account identifier.

11. Communications and Newsletters

When you submit contact information, request a discovery call, register for an offering, or otherwise communicate with us, you authorize us to respond using the contact information you provide.

If you subscribe to The Weekly Climb or another marketing communication, we may send you the content and related communications you requested. You can unsubscribe from marketing emails by using the unsubscribe mechanism included in the message.

Unsubscribing from marketing communications does not prevent us from sending nonmarketing messages relating to:

• An inquiry you submitted;
• A scheduled meeting;
• An account;
• A transaction;
• An event registration;
• An active or prior engagement;
• Security or legal matters; or
• Another service-related purpose.

Where permitted by law, you agree that ClimbWizely may provide notices and communications electronically. You are responsible for maintaining a current email address and for reviewing messages sent to it.

We do not guarantee that every electronic communication will be delivered, remain available, or be free from filtering by your email or technology provider.

12. Assessments, Quizzes, Calculators, and Digital Tools

ClimbWizely may provide assessments, questionnaires, quizzes, calculators, scoring tools, recommendations, or other interactive resources through the Site.

Unless expressly stated otherwise in separate written documentation:

• Site assessments are general informational and directional tools;
• Results are based on the responses provided and generalized criteria;
• Results are not comprehensive evaluations of an individual or organization;
• Results are not clinical, diagnostic, medical, psychological, psychiatric, or therapeutic assessments;
• Results are not validated employment-selection instruments;
• Results should not be used as the sole basis for a hiring, promotion, termination, compensation, educational, financial, medical, or other consequential decision; and
• Results do not guarantee that a particular service, career direction, strategy, candidate, or course of action is appropriate.

You are responsible for evaluating the usefulness of an assessment result in light of your own circumstances.

Professional leadership assessments, candidate assessments, organizational assessments, or other evaluation services performed under a separate written engagement may use different tools and will be governed by the applicable engagement documentation.

We may modify or discontinue an assessment or its scoring method at any time.

13. Coaching, Life Coaching, and Career-Development Counseling

ClimbWizely may offer life coaching, career coaching, executive coaching, leadership coaching, career-development counseling, or related personal and professional development services.

Unless a separate written agreement expressly states otherwise, these services and the Site Content associated with them are educational, developmental, and goal-oriented services. They are not:

• Psychotherapy;
• Mental-health treatment;
• Medical care;
• Psychiatric care;
• Crisis intervention;
• Diagnosis or treatment of a disease or mental-health condition;
• Substance-use treatment;
• Legal advice; or
• A substitute for services from an appropriately licensed healthcare or mental-health professional.

The term “career-development counseling” refers to career guidance, planning, coaching, and development. It does not mean licensed mental-health counseling unless ClimbWizely expressly identifies a properly licensed provider and the parties enter into appropriate separate documentation.

The Site is not monitored as an emergency service. If you are experiencing an emergency, are at risk of harming yourself or another person, or believe immediate care is needed, contact local emergency services or an appropriate licensed healthcare provider.

You remain responsible for your choices, conduct, wellbeing, career decisions, and results. Coaching depends on factors such as your circumstances, participation, effort, judgment, follow-through, and matters outside ClimbWizely’s control. We do not guarantee any particular personal, career, leadership, or employment outcome.

14. No Regulated Professional Advice Through the Site

Although ClimbWizely provides consulting, coaching, leadership, executive-search, and business-advisory services under separate engagements, general Site Content is not advice specifically prepared for you.

Nothing on the Site constitutes or should be relied upon as:

• Legal advice;
• Tax advice;
• Accounting or audit advice;
• Investment, securities, or financial advice;
• Medical, clinical, or mental-health advice;
• Insurance advice;
• Employment-law or regulatory-compliance advice;
• Cybersecurity certification or assurance; or
• Another form of regulated professional advice.

You should consult an appropriately qualified professional before acting on a matter requiring regulated or specialized advice.

Business, strategic, organizational, market, operational, leadership, and career decisions involve uncertainty. Information and circumstances may change after Site Content is published. You are responsible for conducting your own evaluation and deciding whether and how to act.

No Site Content creates a fiduciary duty or requires ClimbWizely to monitor subsequent developments, update previously published content, or warn you about changes.

15. Executive Search, Candidate, and Employment Information

ClimbWizely may provide executive-search, succession-planning, candidate-assessment, interim-leadership, onboarding, or related services.

The Site does not guarantee:

• That a candidate will be considered, interviewed, selected, or hired;
• That a client will fill a position;
• That an opportunity will remain available;
• That a candidate will accept an offer;
• That a placement will succeed;
• That employment will continue for any period; or
• That any candidate, client, employer, or opportunity will meet another party’s expectations.

Clients and employers remain responsible for their hiring, promotion, succession, compensation, classification, onboarding, and employment decisions. Candidates remain responsible for evaluating opportunities and making their own career decisions.

Candidate profiles, professional biographies, résumés, references, compensation information, and other employment-related information may be supplied by candidates, clients, references, public professional sources, or other third parties. Although we may take reasonable steps to evaluate information in connection with an engagement, we do not warrant that all such information is complete, current, or error-free.

By submitting candidate, employment, reference, or organizational information, you represent that:

• The information is accurate to the best of your knowledge.
• You have authority to provide it.
• Providing it does not violate a confidentiality, privacy, employment, or other obligation.
• You will not knowingly provide false, misleading, discriminatory, or unlawfully obtained information.
• You will not provide another person’s sensitive information unless authorized and necessary.

Any background screening, reference process, consumer report, credential verification, or similar review that is subject to special legal requirements will be addressed through separate notices, authorizations, or agreements where applicable.

16. Results, Metrics, Testimonials, and Case Examples

The Site may describe ClimbWizely’s or its personnel’s professional experience, historical accomplishments, client work, candidate placements, coaching outcomes, business results, or other examples.

Unless expressly stated otherwise:

• Historical professional metrics may include work performed by ClimbWizely personnel in prior employment, executive, advisory, or team settings;
• Outcomes may reflect the contributions of clients, colleagues, teams, market conditions, and other factors;
• Case examples may be abbreviated, anonymized, combined, or adapted to protect confidentiality;
• Testimonials reflect the views and experiences of the individuals who provided them;
• Past results do not guarantee future outcomes; and
• Your results may differ materially depending on your circumstances and factors outside our control.

No revenue figure, growth result, cost saving, promotion, placement, transformation, testimonial, case study, or other example is a promise that you or your organization will achieve the same or a similar result.

We aim to present experience and results accurately. Nothing in this section authorizes the use of false, misleading, fabricated, or unsubstantiated claims.

17. User Content, Public Posts, and Feedback

17.1 User Content

If the Site permits you to publish, upload, display, or share comments, posts, files, images, recordings, profiles, messages, or other material with other users or the public, that material is “User Content.”

User Content does not include information submitted privately through a contact form, assessment, candidate submission, client portal, or professional engagement. Private information is handled under the Privacy Notice and any applicable separate agreement.

You retain any ownership rights you have in your User Content.

By submitting User Content, you grant ClimbWizely a worldwide, nonexclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, adapt, format, translate, publish, display, perform, distribute, and otherwise use that User Content as reasonably necessary to:

• Operate and provide the relevant Site feature;
• Display the User Content to the audience you selected;
• Moderate or administer the Site;
• Protect the Site and its users;
• Promote the feature in which the User Content appeared; and
• Exercise rights and perform obligations under these Terms.

This license continues for as long as reasonably necessary to operate the Site and maintain legitimate records, including backups, unless a longer period is required or permitted by law.

To the extent permitted by law, you waive or agree not to assert moral rights or similar rights that would prevent the uses authorized above.

17.2 Feedback and unsolicited ideas

If you voluntarily send us suggestions, concepts, proposals, ideas, recommendations, or other feedback about the Site, ClimbWizely, or our offerings (“Feedback”), you agree that:

• The Feedback is not confidential unless we expressly agree otherwise in writing;
• We are not obligated to review, accept, develop, or compensate you for it;
• We may already be considering similar ideas; and
• You grant us a worldwide, perpetual, irrevocable, nonexclusive, transferable, sublicensable, fully paid, and royalty-free right to use, reproduce, adapt, disclose, commercialize, and otherwise exploit the Feedback for any lawful purpose.

This Feedback provision does not transfer ownership of confidential client deliverables, candidate information, personal assessment responses, or other material governed by a separate written agreement.

17.3 Your responsibilities

You represent that you own or have all rights and permissions necessary to submit your User Content and authorize the uses described in these Terms.

You may not submit User Content that:

• Is false, fraudulent, deceptive, defamatory, threatening, harassing, hateful, obscene, or unlawfully discriminatory;
• Encourages violence, unlawful activity, or conduct that could result in civil or criminal liability;
• Infringes copyright, trademark, privacy, publicity, confidentiality, contractual, or other rights;
• Contains malware, malicious code, corrupted data, or another harmful element;
• Contains unauthorized advertising, solicitation, spam, or promotional material;
• Reveals personal or sensitive information about another person without authorization;
• Contains confidential information belonging to an employer, client, candidate, or other party;
• Misrepresents its source or your identity; or
• Otherwise violates these Terms or applicable law.

17.4 Moderation

ClimbWizely is not obligated to monitor, screen, or review all User Content. We may, however, review, refuse, restrict, remove, preserve, or disclose User Content at any time where we believe doing so is appropriate or legally required.

We do not endorse User Content and are not responsible for its accuracy, reliability, or legality. Views expressed by users are their own.

18. Intellectual-Property Complaints

ClimbWizely prohibits the use of the Site to infringe another party’s copyright, trademark, privacy, publicity, or other intellectual-property or proprietary rights.

If you believe material appearing on the Site infringes a right that you own or are authorized to enforce, send a written notice containing:

• Identification of the copyrighted work or other right claimed to have been infringed;
• Identification and location of the material you want removed or disabled, including sufficient information for us to find it;
• Your name, mailing address, telephone number, and email address;
• A statement that you have a good-faith belief that the disputed use is not authorized by the rights owner, its agent, or applicable law;
• A statement that the information in the notice is accurate and, where required, that you are authorized to act for the rights owner;
• Your physical or electronic signature; and
• Any other information required by applicable law.

Send notices to:

ClimbWizely Copyright and Legal Contact Email: hello@climbwizely.com Attn: Intellectual-Property Complaints

If the notice is intended to be a notification under the U.S. Digital Millennium Copyright Act, it must comply with the requirements of 17 U.S.C. § 512(c)(3).

Where applicable, we may forward a notice to the person who submitted the disputed material and process a legally compliant counter-notification.

We may remove allegedly infringing material and may suspend or terminate accounts of users who repeatedly or seriously infringe another party’s rights.

19. Third-Party Websites, Content, and Providers

The Site may link to, display, embed, integrate with, or rely on websites, applications, content, products, or services operated by third parties. These may include scheduling platforms, payment processors, video-conferencing providers, email platforms, social networks, survey tools, hosting providers, learning platforms, assessment providers, and other technology vendors.

Third-party services are not under our control. A link or integration does not necessarily mean that ClimbWizely endorses, sponsors, guarantees, or is affiliated with the third party.

Your use of a third-party service is subject to the third party’s own terms, privacy notice, and practices. You are responsible for reviewing them.

To the fullest extent permitted by law, ClimbWizely is not responsible for:

• The availability, accuracy, security, legality, or accessibility of third-party services;
• Information collected or used by a third party;
• Transactions between you and a third party;
• Third-party content, products, representations, or conduct; or
• Loss or harm resulting from your use of or reliance on a third-party service.

20. Purchases, Fees, Subscriptions, and Appointments

If we make paid digital resources, courses, memberships, subscriptions, event registrations, assessments, coaching sessions, or other offerings available through the Site, the following provisions apply unless different terms are presented at purchase or contained in a separate agreement.

20.1 Prices and taxes

Prices will be displayed at the time of purchase and are stated in the indicated currency. You are responsible for applicable taxes, duties, or government charges unless the price expressly states that they are included.

20.2 Payment authorization

By providing payment information, you represent that you are authorized to use the selected payment method and authorize us and our payment provider to charge the amounts disclosed at purchase.

We may use a third-party payment processor and may not directly receive or store complete payment-card information.

20.3 Order acceptance

An order or registration is not accepted until we provide confirmation or begin delivering the applicable offering. We may reject or cancel an order for reasons including an error in price or availability, suspected fraud, legal restrictions, or misuse. If we cancel after receiving payment, we will provide an appropriate refund unless prohibited because of fraud or unlawful conduct.

20.4 Cancellations and refunds

Cancellation, rescheduling, refund, credit, expiration, and no-show terms will be stated at purchase, in an appointment confirmation, or in a separate agreement.

Except where applicable law provides otherwise, the policy presented for the applicable offering will control.

20.5 Recurring subscriptions

If we offer an automatically renewing subscription or membership, the renewal frequency, price, billing method, cancellation procedure, and other material terms will be disclosed before purchase.

By enrolling, you authorize recurring charges until you cancel in accordance with the disclosed procedure. A cancellation generally takes effect at the end of the current billing period unless otherwise stated or required by law.

20.6 Price changes

We may change prices prospectively. A change to the price of an existing recurring subscription will be communicated and implemented as required by applicable law and the terms presented when you subscribed.

20.7 Professional engagements

Fees and payment terms for consulting, coaching, executive search, leadership programs, assessments, speaking engagements, or other professional services will ordinarily be governed by a separate written agreement rather than this section.

21. Events, Programs, and Recordings

If ClimbWizely offers a conference, webinar, workshop, cohort, seminar, keynote, training program, or other event, additional terms may be presented during registration.

Unless event-specific terms state otherwise:

• Event schedules, formats, locations, speakers, topics, and materials may change;
• We may postpone, relocate, convert, or cancel an event;
• Participants must behave professionally and comply with applicable venue, platform, safety, and conduct requirements;
• We may remove a participant whose conduct is disruptive, unsafe, unlawful, or harmful;
• You may not commercially record, reproduce, stream, or distribute event content without written permission; and
• Any authorized photography or recording by ClimbWizely will be subject to notices, permissions, and privacy requirements applicable to the event.

Refunds or credits resulting from an event change will be determined under the event-specific terms and applicable law.

22. Site Availability and Security

We use reasonable efforts to operate and protect the Site, but no internet service can be guaranteed to be continuously available or completely secure.

The Site may be unavailable because of maintenance, updates, technical failures, provider outages, security incidents, force-majeure events, or other circumstances.

You are responsible for:

• Maintaining suitable devices, software, connectivity, and security;
• Protecting your systems and data;
• Backing up material you submit or obtain where appropriate; and
• Using caution when sending confidential or sensitive information electronically.

Do not use a general contact form or ordinary email to send passwords, Social Security numbers, complete payment-card numbers, medical records, government-identification numbers, highly sensitive personal information, or valuable trade secrets.

If you discover a suspected security vulnerability, report it to hello@climbwizely.com and do not publicly disclose or exploit it.

23. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SITE CONTENT, WEBSITE ASSESSMENTS, DIGITAL TOOLS, USER CONTENT, AND FREE RESOURCES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR USE IS AT YOUR OWN RISK.

CLIMBWIZELY AND ITS LICENSORS, SERVICE PROVIDERS, AND CONTENT PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, we do not warrant that:

• The Site or Site Content will be accurate, complete, current, suitable, or reliable;
• The Site will be uninterrupted, secure, or error-free;
• Defects will be identified or corrected;
• The Site will be free from harmful code;
• Information will remain available;
• An assessment will accurately characterize every individual or organization;
• Site Content will meet your needs;
• Any candidate, opportunity, strategy, program, service, or recommendation will produce a particular result; or
• Information obtained from a third party or another user will be accurate or lawful.

We are not responsible for statements, content, or conduct of third parties or users.

Warranties applicable to separately contracted professional services, if any, will be governed by the relevant written agreement.

Some jurisdictions do not permit certain warranty disclaimers. In those jurisdictions, these exclusions apply only to the extent permitted by law.

24. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLIMBWIZELY AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, SAVINGS, DATA, GOODWILL, BUSINESS, EMPLOYMENT OPPORTUNITIES, OR REPUTATION, ARISING OUT OF OR RELATING TO:

• THE SITE OR SITE CONTENT;
• YOUR USE OF OR INABILITY TO USE THE SITE;
• A WEBSITE ASSESSMENT OR DIGITAL TOOL;
• A DECISION MADE IN RELIANCE ON SITE CONTENT;
• USER CONTENT;
• A THIRD-PARTY WEBSITE, SERVICE, OR PROVIDER;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF INFORMATION; OR
• ANY OTHER MATTER RELATING TO THE SITE,

REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, CLIMBWIZELY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

• ONE HUNDRED U.S. DOLLARS; OR
• THE AMOUNT YOU PAID DIRECTLY TO CLIMBWIZELY FOR ACCESS TO THE PARTICULAR ONLINE SITE FEATURE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

This limitation does not govern claims arising from professional services where a separate written agreement establishes a different limitation.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited. In jurisdictions that do not permit a particular exclusion or limitation, our liability will be limited to the maximum extent permitted by law.

25. Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless ClimbWizely and its owners, directors, officers, employees, contractors, agents, representatives, affiliates, licensors, service providers, successors, and assigns from third-party claims, demands, proceedings, damages, judgments, liabilities, penalties, costs, and reasonable legal fees arising out of or relating to:

• Your unlawful or unauthorized use of the Site;
• Your User Content;
• Your violation of these Terms;
• Your violation of applicable law;
• Your infringement or violation of another party’s intellectual-property, privacy, confidentiality, contractual, or other rights;
• Information you submit without proper authorization; or
• Fraud, intentional misconduct, or material misrepresentation by you.

We may assume control of the defense of a matter subject to indemnification. You agree to provide reasonable cooperation and not to settle a claim in a manner that admits fault by, imposes obligations on, or adversely affects ClimbWizely without our written consent.

This section does not require a consumer to indemnify ClimbWizely where such an obligation is prohibited by applicable law.

26. Suspension and Termination

We may restrict, suspend, or terminate your access to all or part of the Site if:

• You violate these Terms;
• We reasonably suspect fraud, infringement, misuse, or unlawful activity;
• Your use creates a security, legal, operational, or reputational risk;
• We are required to do so by law or a service provider;
• We discontinue the applicable feature; or
• We otherwise reasonably determine that suspension is necessary to protect ClimbWizely, the Site, our clients, users, or another party.

Where appropriate, we may provide notice or an opportunity to correct a violation, but we are not required to do so where immediate action is reasonably necessary.

Upon termination, the permission granted to you under these Terms ends immediately. Provisions that by their nature should survive will survive, including provisions concerning ownership, restrictions, submissions, disclaimers, liability, indemnification, governing law, and general legal terms.

Termination of Site access does not automatically terminate or modify a separate professional-services agreement.

27. International Use and Legal Compliance

The Site may be accessible from countries and jurisdictions other than the location from which ClimbWizely operates.

We do not represent that the Site or Site Content is appropriate, available, lawful, or compliant in every location. If you access the Site from another jurisdiction, you do so on your own initiative and are responsible for complying with applicable local law.

You may not use the Site or receive Site-based offerings if doing so would violate applicable export controls, trade restrictions, sanctions, or laws relating to prohibited persons, entities, or territories.

28. Dispute Resolution; Binding Individual Arbitration; Class-Action and Jury-Trial Waivers

28.1 Important Notice

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

EXCEPT FOR THE LIMITED DISPUTES DESCRIBED BELOW AND UNLESS YOU TIMELY OPT OUT, YOU AND CLIMBWIZELY AGREE THAT DISPUTES WILL BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. DISCOVERY AND APPELLATE REVIEW MAY BE MORE LIMITED THAN IN COURT. YOU AND CLIMBWIZELY ALSO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION, EXCEPT TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT SUCH A WAIVER.

28.2 Disputes Covered by This Section

Except for an Excluded Dispute identified below, this Section applies to any dispute, claim, demand, action, or controversy between you and ClimbWizely arising out of or relating to:

• The Site or Site Content;
• These Terms or the Privacy Notice;
• Your access to or use of the Site;
• An account, portal, assessment, questionnaire, newsletter, event, digital resource, or other Site feature;
• A purchase, payment, subscription, appointment, or other transaction initiated through the Site;
• A communication between you and ClimbWizely;
• ClimbWizely’s marketing, representations, or disclosures;
• The formation, interpretation, performance, breach, enforcement, or termination of these Terms; or
• Any other relationship between you and ClimbWizely that is not governed by a separate written dispute-resolution agreement,

collectively, a “Dispute.”

A Dispute includes claims based on contract, statute, regulation, ordinance, tort, fraud, misrepresentation, negligence, strict liability, equity, or any other legal or equitable theory.

For purposes of this Section, “ClimbWizely” includes its legal entity, current and former owners, officers, directors, employees, contractors, representatives, agents, affiliates, licensors, service providers, successors, and assigns, to the extent that a claim concerns their conduct on behalf of ClimbWizely.

This Section applies only to Disputes based on events occurring after you accepted a version of these Terms containing this arbitration provision.

Separate professional-services agreements

A separate written agreement for consulting, coaching, executive search, leadership development, assessment, fractional leadership, speaking, workshops, or other professional services may contain its own dispute-resolution provisions.

When such an agreement applies, its dispute-resolution provisions control Disputes arising from the professional engagement. This Section continues to govern Disputes arising from use of the Site unless the separate agreement expressly provides otherwise.

28.3 Informal Dispute-Resolution Process

Before either party begins arbitration or files a court action, that party must first give the other party an individual written “Notice of Dispute.”

A Notice of Dispute to ClimbWizely must be sent by email to hello@climbwizely.com with the subject line “Notice of Dispute” or by certified or otherwise trackable mail to:

CareerLadder LLC Attn: Legal—Notice of Dispute

ClimbWizely may send a Notice of Dispute to the most recent email or mailing address you provided to us.

The Notice of Dispute must include:

• The claimant’s full name and contact information;
• Any email address, account, transaction, appointment, or order associated with the Dispute;
• A reasonably detailed description of the facts and legal basis for the Dispute;
• A description of the relief requested, including the amount of any monetary demand and a reasonable explanation of how that amount was calculated; and
• The claimant’s personal signature or electronic signature.

After a complete Notice of Dispute is received, the parties will have 45 days to attempt in good faith to resolve the Dispute informally. During that period, either party may request an individual telephone or videoconference settlement meeting. Each party must participate personally, although a lawyer may also participate.

The parties may agree in writing to extend the informal-resolution period.

Any applicable limitations period will be suspended from the date a complete Notice of Dispute is received until the informal-resolution period ends. Neither party is required to complete this process before seeking temporary emergency relief necessary to prevent immediate and irreparable harm.

28.4 Excluded Disputes

The following are “Excluded Disputes” and are not required to be arbitrated:

Small-claims cases

Either party may bring an individual claim in a small-claims court with proper jurisdiction, provided the claim remains in that court and proceeds only on an individual basis.

Intellectual-property and Site-security relief

Either party may seek temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction concerning:

• Actual or threatened infringement or misappropriation of intellectual property;
• Unauthorized use or disclosure of confidential information;
• Unauthorized access to the Site, an account, or a computer system;
• Circumvention of security controls;
• Scraping, automated extraction, or prohibited artificial-intelligence use;
• Malware, fraud, impersonation, or other threats to Site security; or
• Conduct reasonably likely to cause immediate and irreparable harm.

A request for equitable relief does not eliminate the requirement to arbitrate any related claim for damages that is otherwise subject to arbitration.

Government and regulatory proceedings

Nothing in this Section prevents you from reporting a matter to or filing a complaint with a government agency, law-enforcement authority, data-protection authority, professional regulator, or other public body.

This Section does not prevent an agency from investigating or seeking relief within its lawful authority.

Claims that cannot lawfully be arbitrated

This Section does not require arbitration of a claim to the extent applicable law prohibits predispute arbitration of that claim.

At the election of the person alleging conduct constituting a sexual-assault or sexual-harassment dispute, this Section will not apply to a case covered by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, 9 U.S.C. §§ 401–402.

Nonwaivable public injunctive relief

A request for public injunctive relief that applicable law does not permit to be waived or resolved exclusively in arbitration may be brought in a court of competent jurisdiction.

To the extent permitted by law, court proceedings concerning that remedy will be stayed until the parties complete arbitration of any arbitrable claims or requests for individual relief.

28.5 Binding Individual Arbitration

If the parties do not resolve a covered Dispute through the informal process, the Dispute will be resolved through final and binding individual arbitration administered by the American Arbitration Association (“AAA”) before one neutral arbitrator.

The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this arbitration agreement.

Consumer Disputes

If you are an individual using or purchasing the applicable offering primarily for personal, family, or household purposes, the arbitration will be administered under the AAA Consumer Arbitration Rules and Mediation Procedures, including the applicable Consumer Due Process Protocol and fee schedule, as modified by this Section.

Business Disputes

If the Dispute arises from business, commercial, professional, organizational, or employment-related use rather than personal, family, or household use, the arbitration will be administered under the AAA Commercial Arbitration Rules and Mediation Procedures, unless another AAA rule set is required by the nature of the relationship.

Coordinated filings and mass arbitration

If AAA determines that its Mass Arbitration Supplementary Rules apply because 25 or more substantially similar arbitration demands are filed against or on behalf of the same or related parties with coordinated or common representation, those Supplementary Rules and the applicable mass-arbitration fee schedule will apply.

The use of administrative procedures for mass arbitration does not authorize class arbitration, consolidated merits proceedings, joint relief, or relief on behalf of anyone other than the individual claimant in each arbitration.

Conflict between these Terms and AAA rules

If this Section conflicts with an applicable AAA rule, this Section controls except where applying it would violate applicable law, the AAA Consumer Due Process Protocol, or another nonwaivable AAA consumer requirement.

The applicable arbitration rules and filing instructions are available from AAA.

If AAA cannot administer the arbitration

If AAA is unable or unwilling to administer an arbitration for reasons unrelated to ClimbWizely’s failure to comply with AAA requirements or pay required fees, the parties will attempt in good faith to select a comparable neutral arbitration provider.

If the parties cannot agree within 30 days, either party may ask a court with jurisdiction to appoint an administrator or arbitrator as permitted by the Federal Arbitration Act.

If AAA declines to administer a Consumer Dispute because ClimbWizely failed to satisfy an applicable consumer standard, register its consumer clause, or pay required fees, the consumer may elect to proceed in court rather than before a substitute provider.

28.6 Questions Decided by a Court or Arbitrator

A court, rather than the arbitrator, will decide:

• Whether the parties formed or assented to an arbitration agreement;
• Whether the class-action or representative-action waiver in Section 28.8 is enforceable;
• Whether 9 U.S.C. § 402 applies to a sexual-assault or sexual-harassment dispute;
• Whether a claim is subject to a nonwaivable prohibition against arbitration; and
• Whether a claim may proceed on a class, collective, consolidated, or representative basis.

Except for those matters, the arbitrator has exclusive authority to decide issues concerning the interpretation, scope, applicability, validity, and enforceability of this Section and the merits of the Dispute.

28.7 Arbitration Procedure, Relief, Location, and Fees

Procedure and relief

The arbitrator may permit a reasonable exchange of nonprivileged information necessary for each party to fairly present its claims and defenses.

The arbitrator must apply applicable substantive law and may award any individual remedy that would be available to the claimant in court, including individual declaratory or injunctive relief, statutory damages, actual damages, and attorneys’ fees where authorized by law.

The arbitrator may not award relief for, against, or on behalf of anyone who is not an individual party to the arbitration.

The arbitrator will issue a written decision explaining the essential findings and conclusions supporting the award. The award will be final and binding, subject to the limited review permitted by applicable arbitration law. Judgment on the award may be entered in any court with jurisdiction.

Consumer hearing format and location

For a Consumer Dispute, the arbitration may be conducted through written submissions, by telephone, by videoconference, or through an in-person hearing, as provided by the AAA Consumer Arbitration Rules.

An in-person consumer hearing will take place in the county or comparable geographic area where the consumer primarily resides, unless the parties agree otherwise or the arbitrator determines that another location is required by applicable law.

Business hearing format and location

For a Business Dispute, the hearing may be conducted remotely or in Brazario county, Texas, as determined under the applicable AAA rules and any agreement of the parties.

Consumer fees

For a Consumer Dispute, you will not be required to pay more than the consumer filing amount specified in the applicable AAA Consumer Fee Schedule.

ClimbWizely will pay the remaining AAA administrative fees and arbitrator compensation that AAA rules require the business to pay.

If the arbitrator or a court determines that the cost of arbitration would be prohibitively greater for the consumer than the cost of litigating the same claim in court, ClimbWizely will pay the additional amount necessary to prevent the arbitration provision from being unenforceable for that reason.

The arbitrator may reallocate fees only as permitted by applicable law and AAA rules, including when a claim or defense was filed for an improper purpose, was frivolous, or lacked factual or legal support.

Business fees

For a Business Dispute, arbitration fees and arbitrator compensation will be allocated under the AAA Commercial Arbitration Rules, unless the parties agree otherwise in writing.

Legal fees and other expenses

Each party will ordinarily pay its own legal fees and expenses. The arbitrator may award legal fees and expenses where an applicable statute, rule, or other law authorizes such an award.

28.8 Individual Proceedings and Class-Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND CLIMBWIZELY AGREE THAT EACH PARTY MAY BRING A DISPUTE AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, COORDINATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING.

Except with the written agreement of all affected parties:

• An arbitrator may not combine or consolidate the claims of more than one individual;
• An arbitrator may not preside over a class, collective, consolidated, or representative proceeding;
• One claimant’s Dispute may not be used to decide the rights of another person;
• The parties may not seek relief on behalf of anyone other than themselves; and
• An arbitration award may provide relief only to the individual claimant and only to the extent necessary to resolve that claimant’s individual Dispute.

The administrative coordination of individual demands under applicable AAA Mass Arbitration Supplementary Rules does not authorize a joint merits determination or nonindividual relief.

Nothing in this waiver prevents the parties from participating in a settlement that resolves multiple individual Disputes.

This waiver does not apply to the extent applicable law creates a right to seek particular public injunctive or representative relief that cannot lawfully be waived.

28.9 Jury-Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, FOR ANY DISPUTE THAT PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND CLIMBWIZELY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.

This waiver does not apply where applicable law prohibits advance waiver of the right to a jury trial.

28.10 Deadline for Bringing a Dispute

TO THE FULLEST EXTENT PERMITTED BY LAW, A PARTY MUST COMMENCE ARBITRATION OR AN AUTHORIZED COURT PROCEEDING WITHIN TWO YEARS AFTER THE DISPUTE ACCRUES. A DISPUTE ACCRUES WHEN THE CLAIMING PARTY KNEW OR REASONABLY SHOULD HAVE KNOWN OF THE FACTS GIVING RISE TO THE DISPUTE.

A Dispute not commenced within that period will be permanently barred.

The two-year period will be suspended during the informal-resolution process described in Section 28.3.

This contractual limitations period does not apply when:

• Applicable law prohibits shortening the limitations period;
• A statute establishes a longer period that cannot lawfully be waived or shortened;
• The parties agree in writing to a different period;
• A separate professional-services agreement establishes another period; or
• The claim is one for which this Section expressly recognizes a nonwaivable exception.

When this contractual period cannot lawfully be applied, the limitations period provided by applicable law will apply.

28.11 Right to Opt Out of Arbitration

You may opt out of the binding arbitration requirement, class-action waiver, and jury-trial waiver in this Section by sending a written opt-out notice within 30 calendar days after the first date on which you affirmatively accept a version of these Terms containing this Section.

The notice must be emailed to hello@climbwizely.com with the subject line “Arbitration Opt-Out” and must include:

• Your full name;
• Your mailing address;
• The email address you used to interact or transact with ClimbWizely;
• The date on which you accepted these Terms, if known; and
• A clear statement that you are opting out of the arbitration agreement in the ClimbWizely Terms of Use.

You may send the same information by certified or otherwise trackable mail to:

ClimbWizely Attn: Legal—Arbitration Opt-Out Email: hello@climbwizely.com

An opt-out notice applies only to the individual who submits it. An opt-out notice purporting to cover an unidentified group or class of people is ineffective.

A timely and complete opt-out notice will not affect the other provisions of these Terms, and ClimbWizely will not deny you access to the generally available Site solely because you exercised this right.

If you timely opt out, Disputes will be governed by the court-jurisdiction and governing-law provisions in Section 28.13, subject to any separate written agreement.

28.12 Future Changes to This Arbitration Provision

A material change to this Section will not apply to a Dispute for which either party provided a Notice of Dispute before the change became effective.

If we materially expand the scope of this arbitration provision after you have accepted it, we will provide any additional notice required by law. Where legally required, you may reject the material change by sending written notice within 30 days after receiving notice of it. In that event, the version of the arbitration provision you most recently accepted will continue to govern.

Changes to contact information, the arbitration administrator’s name, rule references, or other administrative details will not by themselves constitute a material expansion.

28.13 Severability

Except as provided below, if part of this Section is held invalid or unenforceable, that part will be severed and the remainder will remain in effect to the fullest extent permitted by law.

If a final judicial decision holds that the class-action or representative-action waiver in Section 28.8 is unenforceable as to a particular claim or request for relief and permits that claim or request to proceed on a class, collective, consolidated, or representative basis, that claim or request will proceed in court rather than in class or representative arbitration.

Any remaining individual claims will remain subject to arbitration, and, to the extent permitted by law, the court proceeding will be stayed until the arbitration is completed.

If the entire arbitration agreement is held unenforceable, the remaining provisions of these Terms will continue to apply, including the governing-law and forum-selection provisions below and the jury-trial waiver to the extent it is separately enforceable.

28.14 Governing Law and Court Jurisdiction

The Federal Arbitration Act governs this arbitration agreement.

Except to the extent federal law applies or applicable law gives a consumer a nonwaivable right to another jurisdiction’s law, these Terms and any Dispute will be governed by the laws of the State of Texas, without regard to its conflict-of-laws principles.

For any Dispute that:

• Is an Excluded Dispute;
• Is not subject to arbitration;
• Is brought by a person who timely opted out;
• Seeks to compel arbitration;
• Seeks temporary judicial relief permitted by this Section; or
• Seeks to confirm, modify, or vacate an arbitration award,

you and ClimbWizely consent to the exclusive jurisdiction and venue of the state and federal courts located in Brazario county, Texas.

This forum-selection provision does not eliminate any nonwaivable right of a consumer to bring a claim in another legally required forum. A qualifying small-claims case may be filed in any small-claims court with proper jurisdiction.

28.15 Survival

This Section survives:

• Termination of these Terms;
• Termination or suspension of an account;
• Discontinuation of the Site or a Site feature;
• Completion or cancellation of a transaction;
• The end of the relationship between you and ClimbWizely; and
• Any transfer, merger, sale, or reorganization involving ClimbWizely.

29. General Terms

29.1 Entire agreement

These Terms, the Privacy Notice, and any additional terms expressly presented for a particular Site feature constitute the entire agreement between you and ClimbWizely concerning use of the Site.

A separate signed agreement remains independently enforceable and controls the professional services it covers.

29.2 Order of precedence

If additional terms presented for a particular Site feature conflict with these Terms, the additional terms control for that feature. If a professional-services agreement conflicts with these Terms, the professional-services agreement controls for that engagement.

29.3 Severability

If a provision of these Terms is held invalid, illegal, or unenforceable, it will be enforced to the maximum extent legally permissible, and the remaining provisions will remain in effect.

29.4 No waiver

A failure or delay by ClimbWizely in exercising a right does not waive that right. A waiver is effective only if it is in writing and signed by an authorized representative.

29.5 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent.

ClimbWizely may assign these Terms in connection with a merger, acquisition, restructuring, financing, sale of assets, transfer of the Site, or operation of law.

29.6 No third-party beneficiaries

Except for the parties expressly entitled to indemnification or limitation of liability under these Terms, these Terms do not create rights for third-party beneficiaries.

29.7 Relationship of the parties

These Terms do not create a partnership, franchise, agency, employment, fiduciary, or joint-venture relationship between you and ClimbWizely.

29.8 Headings

Section headings are provided for convenience and do not affect interpretation.

29.9 Electronic form

Where permitted by law, the electronic version of these Terms and electronically delivered notices will have the same effect as documents provided in paper form.

29.10 Language

If these Terms are translated, the English-language version will control to the extent permitted by applicable law, unless the translated version expressly states otherwise.

30. Contact Us

Questions about these Terms may be directed to:

ClimbWizely Attn: Legal Email: hello@climbwizely.com