TERMS AND CONDITIONS
The Beta Agency, a legal entity registered in the State of California, (hereafter, “we”, “us”, or “our”), has created the following Terms and Conditions (hereafter, “Terms”), which apply to all visitors of our website and/or users of our services and products (hereafter referred to as “you” or “your”). By accessing and/or using our website or any of our services, including our services offered through third-party digital platforms, you acknowledge that you have read the Terms, you understand the Terms, and you agree to be bound by the Terms as they are outlined below. These Terms are subject to change without prior notice, and you agree to be bound by the new terms, effective immediately, upon your subsequent visit or use of our website, services, and/or products. You agree to check for updated terms of service upon each visit to our website or use of our product(s) and/or service(s).
1. DISCLAIMER – NOT MEDICAL ADVICE
The Beta Agency is providing content on its website and/or on third-party platforms through digital literature, tools, and/or services that aim to inform rock climbing enthusiasts, and/or individuals interested in the field of physical therapy, of the various physical conditions that may befall those engaged in the sport of rock climbing, for informational purposes only. None of the information provided The Beta Agency should be regarded as medical advice or construed to be a medical diagnosis of any form. By using our products, services, and/or the information on our website, you acknowledge that you understand that this information is not meant to be a substitute for medical advice from an appropriate licensed healthcare professional, and that you will not rely on any of the information you acquire from us as the sole basis, personally or as a suggestion to others, to make any healthcare-related decision(s). If you suspect that you may have a medical condition that you are trying to diagnose, we strongly urge you to seek the advice of an appropriate medical practitioner. If you have a medical emergency, you should contact emergency services immediately.
2. RELEASE OF LIABILITY
By using the website and any product(s) and/or service(s) of The Beta Agency, you acknowledge that you are above the age of 18, and that your use of our product(s) and/or service(s) is completely voluntary, for the sole purpose of obtaining general information about various injuries that can result from engaging in rock climbing activities. You further agree that the information you obtain from our website, product(s), and/or service(s), will not be used to make any medical or healthcare related decision(s). Additionally, you will not utilize the said information by representing us as the authoritative source of the content, in any manner or medium, which may cause other parties to rely on this information to make health-related decisions.
You acknowledge that you are aware of the inherent risks of injury associated with participating in any physical or sports-related activity. If you elect to engage in any actions or physical activities that are described on this website, product(s), and/or service(s), you agree to do so at your own risk, and will not hold us liable for any issues that may arise therefrom. We strongly urge you to consult with, and follow the recommendations of, a qualified independent professional regarding you engaging in any physical activities, and whether it would be safe and proper for you to do so under your personal circumstances. If you are below the age of 18, or do not agree with any of the terms in this agreement, you must cease the use of our website, product(s) and/or service(s) immediately.
By continuing to use our website and our products, you agree on behalf of yourself, your heirs, executors, administrators, and assigns, hereby release, waive, discharge, and covenant not to sue The Beta Agency, its officers, directors, employees, agents, and affiliates from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to your use of our website, product(s) and/or service(s) or from any use of the information you obtain from us. You understand that this waiver and release of liability shall be binding upon your heirs, executors, administrators, and assigns.
Further, you agree to indemnify, hold harmless, and defend The Beta Agency (including but not limited to its employees, officers, shareholders, subsidiaries, and parent organizations) from third-parties, against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees that third-parties may bring against you, arising out of or related to your participation in the course/questionnaire, including but not limited to any breach of the terms outlined in this waiver and release of liability.
3. DISCLAIMER OF WARRANTY
OUR WEBSITE, PRODUCT(S), AND/OR SERVICE(S), AND THE INFORMATION THEY CONTAIN ARE PROVIDED “AS-IS”, AND The Beta Agency MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING OUR WEBSITE, PRODUCT(S), SERVICE(S), AND ANY INFORMATION THAT THEY MAY CONTAIN, TO THE FULLEST EXTENT ALLOWED BY LAW. FURTHER, THE BETA AGENCY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AS IT RELATES TO OUR WEBSITE, PRODUCT(S) AND/OR SERVICE(S), ALONG WITH THE INFORMATION PROVIDED THEREIN.
4. INTELLECTUAL PROPERTY & LICENSE TO USE CONTENT
The website, product(s), and service(s) along with the information they contain are the intellectual property of The Beta Agency, and we reserve all ownership rights associated thereto. By agreeing to these terms, and subsequently obtaining authorization to access to the contents of our select products and/or services, you are obtaining a limited non-exclusive, non-transferable, and revocable (for any reason, and at our sole discretion) license to access the specific product(s) and service(s), subject to these terms and conditions. The Beta Agency does not transfer any ownership rights to you related to the content or any assets you obtain from your use of our product(s) and/or service(s). You agree to only use the information in our products, along with any tangible or intangible assets that you obtain in the course of your usage of our product(s), solely for your personal use, and you agree not to distribute, sell, copy, or share the information or assets (including but not limited to digital documents, graphics, questionnaires, etc.). Doing so without express written permission from us would be in violation of these Terms.
5. GOVERNING LAW & DISPUTE RESOLUTION
You agree that these Terms, along with all matters related to your access and use of this website and the product(s) and/or service(s), offered by us on our website or third-party platforms, will be governed by the laws of the United States and by the laws of the State of California, without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by, as well as the venue located in, the state and federal courts in San Diego, California, furthermore, you waive any objection to the aforementioned jurisdiction and venue.
Any claim under these terms, or from your use of the website and our product(s) and/or service(s) must be brought within the year within one (1) year after the cause of action arises, or you are barred from bringing the cause of action. Further, The Beta Agency shall not be liable for damages in excess of the payments you have made to use our website, product(s), and/or service(s) for the duration of one year prior to the date of your Cause of Action.
6. DATA PRIVACY
The Beta Agency takes the privacy of your data seriously, and strives to act in accord with laws that establish individual data privacy and transparency rights.
In the course of your use of our website, product(s), and/or service(s), you may be asked to provide your personal information that includes, but is not limited to, your name, age, and email address, for the purposes of maintaining a record of your account within our electronic systems. You agree to provide accurate information that represents yourself, and consent to us maintaining your information for the purpose of business administration, to the extent allowable by law.
When interacting with our website, product(s), and/or service(s), you may be prompted to enter details about various aspects of your health, including but not limited to medical history, current health status, and lifestyle habits. You agree to only enter information that is requested, and not input any information that may personally identify you. We will act in accordance with applicable laws and make reasonable efforts to de-identify any records that may contain personally identifiable information, which is not necessary for the operation of our product(s) and/or service(s).
Our Privacy Policy (incorporated herein by reference, accessible on our website at: https://www.hoopersbeta.com/privacy-policy), governs how we collect, maintain, and disclose your data in our course of business. If you have any questions regarding the use of your data, or if you would like to submit a personal data-related issue or request, please email us at privacy@hoopersbeta.com with your inquiry, issue, or concern.
7. REGIONAL RESTRICTIONS
The Beta Agency’s product(s), service(s), and content that is made available online, is solely intended for persons located within the United States. You acknowledge that the product(s), service(s), and content provided by us may not be appropriate under certain circumstances or for certain people, and may be incompatible with the laws and regulations outside of the United States. If you are accessing our website or using our product(s) and/or service(s) from outside of the United States, you are doing so at your own initiative, and you acknowledge your own responsibility for complying with any applicable local laws.
8. SEVERABILITY
In the event of a statute, court decision, or otherwise any event that may render a portion of this agreement illegal, unenforceable, or invalid, the remaining portion(s) shall be considered severable and not impacted by such determination. The rights of the parties will be construed and enforced as if these terms did not contain the portion that was determined to be illegal, unenforceable, or invalid.