Terms of Service
Effective Date: 03/11/2026
Last Updated: 03/11/2026
1. Introduction
These Terms of Service ("Terms") constitute a legal agreement between The Nugget Climbing, LLC, a limited liability company organized under the laws of the United States ("Company," "we," "us," or "our"), and you ("User," "you," or "your"), governing your access to and use of our coaching program Climb Accelerator, and related services (the "Service").
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
IMPORTANT: The Service provides climbing, training, injury rehab, lifestyle, and nutrition information and guidance for informational and educational purposes only. The Service does not provide medical advice, diagnosis, or treatment. Always consult with a qualified healthcare provider before beginning any exercise or nutrition program.
2. Eligibility and Age Requirements
2.1 Age Restrictions
You must be at least 18 years old to create an account and use the Service. By using the Service, you represent and warrant that you are at least 18 years of age.
2.2 Compliance with Laws
The Service is not intended for children under the age of 16 (or the applicable age of digital consent in your jurisdiction). We do not knowingly collect personal information from children under the applicable age limits set forth in the Children's Online Privacy Protection Act (COPPA) in the United States or equivalent data protection regulations in the European Union.
2.3 Account Accuracy
You represent and warrant that all information you provide during registration is accurate, current, and complete, and that you will update such information as necessary to maintain its accuracy.
3. Account Registration and Security
3.1 Account Creation
You agree to:
Provide accurate and complete registration information
Maintain the security and confidentiality of your login credentials
Not share your account or login credentials with any third party
3.2 Account Responsibility
You are solely responsible for all activities that occur under your account, whether or not you have authorised such activities. You must immediately notify us of any unauthorised use of your account or any other breach of security by emailing steven@thenuggetclimbing.com.
3.3 Account Security
We recommend using a strong, unique password for your account. We are not liable for any loss or damage arising from your failure to maintain the security of your account.
4. License and Acceptable Use
4.1 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use only.
4.2 Acceptable Use
You agree not to:
Reverse engineer, decompile, disassemble, or publicly share content from the Service
Scrape, data mine, or use automated systems to access the Service
Share, sell, or transfer your account or login credentials
Upload, post, or transmit any content that is illegal, offensive, defamatory, or violates any third party's rights
Use the Service for any illegal or unauthorised purpose
Interfere with or disrupt the Service or servers connected to the Service
Circumvent any access restrictions or security measures
Use the Service to harm minors in any way
Impersonate any person or entity, or misrepresent your affiliation with any person or entity
5. Subscription, Billing, and Refunds
5.1 Subscription Terms
Price: $295 USD
Billing: One-time up-front payment
Payment Processing: All payments are processed securely through Stripe, Inc.
5.2 Withdrawal and Refund Policy
30-Day Withdrawal Right: Users have a 30-day withdrawal right from the official launch date of the Service. You may waive this right to access the Service immediately.
General Policy: After the withdrawal period (or if waived), no refunds will be provided for unused portions of the Service.
Cancellation: You may cancel your account at any time through your account settings. This will result in losing lifetime access to the Service and is not recommended.
6. Health Disclaimer and Assumption of Risk
6.1 No Medical Advice
THE SERVICE PROVIDES CLIMBING, TRAINING, NUTRITION, AND LIFESTYLE GUIDANCE AND INFORMATION ONLY. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
You should always consult with a qualified healthcare provider before:
Beginning any exercise or training program
Making changes to your current exercise routine
If you experience pain, discomfort, or injury
Beginning any nutrition program
If you experience disordered eating patterns or behavior
6.2 Assumption of Risk
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
Climbing and exercise activities involve inherent risks of physical injury, including serious injury or death
You voluntarily assume all risks associated with your use of the Service and participation in any activities
You are solely responsible for ensuring you are physically capable of performing any exercises or activities
You will immediately stop any activity if you experience pain, discomfort, dizziness, or other symptoms
You are solely responsible for the effects that any change to your nutrition or lifestyle habits may have on your health
6.3 Release of Liability
To the fullest extent permitted by law, you release the Company, its officers, directors, employees, agents, and affiliates from any and all liability for injuries, damages, or losses arising from your use of the Service or participation in any activities.
7. Limitation of Liability
7.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR RELIABILITY OF INFORMATION
UNINTERRUPTED OR ERROR-FREE SERVICE
7.2 Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR:
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
PERSONAL INJURY OR PROPERTY DAMAGE
LOST PROFITS, REVENUE, OR DATA
DAMAGES EXCEEDING THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
7.3 Essential Purpose
These limitations apply regardless of the legal theory upon which the claim is based and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.
8. Intellectual Property
8.1 Ownership
All content, features, and functionality of the Service, including but not limited to text, videos, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of the Company or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
8.2 User Content
By submitting any content to the Service (such as training logs or exercise data), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing the Service to you.
8.3 Feedback
Any feedback, suggestions, or ideas you provide about the Service shall become our property, and we may use such feedback for any purpose without compensation to you.
9. Termination
9.1 Termination by You
You may terminate your account at any time by using the account deletion feature in your profile settings.
9.2 Termination by Us
We reserve the right to suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:
Breach of these Terms
Conduct that we believe is harmful to other users or the Company
Extended periods of inactivity
Request by law enforcement or court order
9.3 Effect of Termination
Upon termination:
Your right to access and use the Service will immediately cease
No refunds will be provided for any remaining subscription period if termination is due to your breach of these Terms
Provisions of these Terms that by their nature should survive termination shall survive
10. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
Your violation of these Terms
Your use or misuse of the Service
Your violation of any third-party rights
Any content you submit to the Service
11. Governing Law and Dispute Resolution
11.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
11.2 Jurisdiction
Any disputes arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Leavenworth, WA 98826, and you consent to personal jurisdiction in such courts.
11.3 Consumer Rights
Nothing in these Terms shall affect any non-waivable statutory rights that apply to you as a consumer. If you are an EU consumer, mandatory consumer protection laws in your country of residence will apply.
12. General Provisions
12.1 Changes to Terms
We reserve the right to modify these Terms at any time. We will provide at least thirty (30) days' notice of material changes via email to the address associated with your account. Your continued use of the Service after such notice constitutes acceptance of the modified Terms.
12.2 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.
12.3 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
12.4 Waiver
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.
12.5 Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
13. Contact Information
If you have any questions about these Terms, please contact us at:
The Nugget Climbing, LLC
Email: steven@thenuggetclimbing.com
Leavenworth, WA 98826
United States
For EU/EEA users - Data Protection Contact: steven@thenuggetclimbing.com
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.