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Terms and Conditions

1. Acceptance of Terms

By accessing or using the Lobster Climbing website, you agree to comply with and be bound by these terms and conditions. If you do not agree with any part of these terms, please do not use our website.

These Terms of Use ("Terms") state the Terms of Service governing your use of and access to the Site and constitute a legally binding contract between you and Lobster Climbing.

These Terms incorporate any additional Terms of Service posted by Lobster Climbing through the Site, or otherwise made available to you by Lobster Climbing.

By accessing or using the Site, you agree to be bound by these Terms and any additional Terms of Service. If you do not agree with any part of these Terms, please do not use our Site.

2. Intellectual Property Rights

2.1 Unless otherwise indicated, the website is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us. They are protected by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws of Israel, foreign jurisdictions, and international conventions.

2.2 The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

2.3 Provided that you are eligible to use the website, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

2.4 We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

2.5 Lobster Climbing values its intellectual property and is committed to protecting its innovative products and brand. We acknowledge your need to use and access our intellectual property for informational purposes, but we also want to ensure that our rights are respected.

Patent Protection

Our climbing device is protected by several patents that grant us exclusive rights to its design, functionality, and manufacturing process. These patents are in force for a limited duration, and we intend to enforce them vigorously against any unauthorized use or infringement.

Any attempt to copy, replicate, or otherwise mimic our patented climbing device without our express permission is strictly prohibited. Such actions may result in legal action, including injunctions, damages, and other remedies.

Trademark Protection

Lobster Climbing holds registered trademarks for its company name, logo, and product branding. These trademarks distinguish our products from those of competitors and protect our brand identity.

You are prohibited from using any Lobster Climbing trademarks without our prior written consent. Unauthorized use of our trademarks may lead to legal action, including trademark infringement claims.

Copyright Protection

The content of our website, marketing materials, and product manuals is protected by copyright. This means that you are only authorized to use this content for informational purposes and not for commercial or derivative purposes.

Any unauthorized reproduction, distribution, or modification of our copyrighted material is strictly prohibited. Such actions may result in copyright infringement claims and potential penalties.

Enforcement of Intellectual Property Rights

Lobster Climbing takes its intellectual property rights very seriously and will not hesitate to enforce them against any infringers. We have a team of legal professionals dedicated to protecting our rights and ensuring that our intellectual property is used fairly and legally.

If you are aware of any unauthorized use of our intellectual property, please contact us immediately so that we can investigate and take appropriate action. We appreciate your cooperation in protecting our valuable assets.

3. Use of Our Website

3.1 You agree to use our website for lawful purposes only and in a manner consistent with all applicable laws and regulations.

3.2 You may not use our website in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party's use and enjoyment of our website.

4. Product Information

4.1 Product Accuracy and Updates

Lobster Climbing is committed to providing accurate and up-to-date information about our climbing device, including detailed descriptions, comprehensive specifications, and transparent pricing. We regularly review and update product information to ensure it reflects the latest advancements and modifications. However, we reserve the right to make necessary changes or corrections to product information at any time without prior notice. Should any discrepancies arise between the information presented online and the actual product, the latter shall prevail.

4.2 Important Product Limitations

To ensure the safe and proper use of our climbing device, please adhere to the following limitations:

  1. Weight Limit: To prevent overloading and potential damage, the maximum weight load for our climbing device is strictly 60kg (132lb). Exceeding this limit can compromise the structural integrity of the device and pose a safety hazard.

  2. Tilting Angle: To maintain stability and prevent excessive strain on the device, the maximum hanging angle should not exceed 30 degrees. Exceeding this angle can lead to instability and potential tipping.

  3. Outdoor Installation: Our climbing device is designed for indoor use only. Installing it outdoors can expose it to harsh weather conditions, such as rain, wind, and extreme temperatures, which can deteriorate its material and compromise its functionality.

  4. Loading Precautions: For safety reasons, it is strictly prohibited to stand underneath the device when it is loaded. Failure to follow this precaution can increase the risk of injury in case of accidental dislodging of the load.

  5. DUMBBELL Training: When using dumbbells with our climbing device, it is essential to handle them with caution and gentleness. Avoid aggressive movements, such as throwing down the dumbbells while they are attached to the machine ropes. Rough handling can damage the device's ropes and pulleys, potentially leading to safety hazards.

4.3 Product Damage and Injury Liability

Lobster Climbing will not be responsible for any damage to our products or injuries resulting from the following:

  1. Failure to comply with the weight limit, tilting angle, and outdoor installation limitations specified in Clause 4.2.

  2. Failure to follow the dumbbell training precautions outlined in Clause 4.2.

  3. Aggressive handling of dumbbells while using them with our products.

Clause 4.2 specifically emphasizes the importance of loading the device with heavy weights safely. Aggressive handling of dumbbells, such as throwing them down while attached to the machine ropes, can lead to product damage and potential injuries.

4.4 Prohibition of Hanging on the Device

For your safety and the protection of the device, it is strictly prohibited to hang on the Pinch Machine device. Our device is not designed to support the weight of a hanging person and doing so can lead to catastrophic failure of the machine, resulting in serious injuries.

Please remain with your feet firmly on the ground while using the Pinch Machine device. This ensures your safety and prevents potential damage to the equipment.

By adhering to these product limitations and using our climbing device responsibly, you can ensure its longevity and your safety.

5. Orders and Payments

5.1 By placing an order on our website, you warrant that you are at least 18 years old and capable of entering into a legally binding contract.

5.2 We reserve the right to refuse or cancel any orders, and you will be notified in the event of such cancellation.

5.3 Payment information is processed securely, and we do not store your payment details. You agree to provide accurate and complete payment information for all purchases.

6. Shipping and Delivery

6.1 Shipping costs and delivery times are provided during the checkout process.

6.2 We are not responsible for delays or issues caused by third-party shipping carriers.

7. Returns and Refunds

7.1 Please refer to our Returns and Refunds Policy, available on our website, for information on returning products and obtaining refunds.

8. Privacy Policy

8.1 Your privacy is important to us. Please review our Privacy Policy, available on our website, to understand how we collect, use, and protect your personal information.

9. Warranty

9.1 Our climbing device is covered by a 12 month limited warranty. This warranty is only applicable for breaks/cracks in a wooden parts and only if uses the products by its restrictions.

10. Limitation of Liability

10.1 To the extent permitted under applicable law, Lobster Climbing, its officers, directors, employees, parents, affiliates, successors, assigns, and licensors shall not be liable to you or any third party for any indirect, special, incidental, or consequential damages, including, without limitation, damages for loss of goodwill, service interruption, computer failure or malfunction, loss of business profits, loss of data or business information, loss of additional software or computer configurations, or costs of procurement of substitute goods or services, arising out of or in connection with these terms.

10.2 Notwithstanding anything to the contrary contained herein, in no event shall our total liability (including our officers, directors, employees, parents, and affiliates) for any claim arising out of or related to these terms, to the fullest extent possible under applicable law, exceed the amount paid, if any, by you for the use of the services.

10.3 The limitations of liability apply even if Lobster Climbing has been advised of the possibility of such damages and regardless of the form of action, whether in contract, tort, or otherwise.

10.4 Lobster Climbing is committed to providing our customers with the highest quality products and services. However, as with any product or service, there is always a risk of something going wrong. To ensure that our customers are aware of their rights and responsibilities, we have established the following limitations of liability.

To the fullest extent permitted by applicable law, Lobster Climbing, its officers, directors, employees, parents, affiliates, successors, assigns, and licensors shall not be liable to you or any third party for any indirect, special, incidental, or consequential damages, including, without limitation, damages for loss of goodwill, service interruption, computer failure or malfunction, loss of business profits, loss of data or business information, loss of additional software or computer configurations, or costs of procurement of substitute goods or services, arising out of or in connection with these terms.

Notwithstanding anything to the contrary contained herein, in no event shall our total liability (including our officers, directors, employees, parents, and affiliates) for any claim arising out of or related to these terms, to the fullest extent possible under applicable law, exceed the amount paid, if any, by you for the use of the services.

The limitations of liability apply even if Lobster Climbing has been advised of the possibility of such damages and regardless of the form of action, whether in contract, tort, or otherwise.

Exclusions of Liability

The limitations of liability set forth above do not apply to the following:

  • Death or Personal Injury: Lobster Climbing is liable for death or personal injury caused by our negligence or the negligence of our employees or agents.

  • Fraud or Misrepresentation: Lobster Climbing is liable for damages caused by our fraud or misrepresentation.

  • Breach of a Material Term: Lobster Climbing is liable for damages caused by our breach of a material term of these terms.

 

11. Governing Law and Jurisdiction

11.1 These terms and conditions are governed by the laws of Israel.

11.2 Any disputes arising from these terms will be resolved in the Israeli courts.

12. User Account

12.1 If you choose to create a user account on our website, you are responsible for maintaining the confidentiality of your account information and password. You agree to accept responsibility for all activities that occur under your account.

12.2 We reserve the right to terminate or suspend your account at our discretion, without notice, if we believe you have violated these terms or for any other reason.

13. User-Generated Content

13.1 Users may have the opportunity to submit reviews, comments, photos, or other content. By submitting such content, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, and display the content on our website.

13.2 You agree not to submit content that is unlawful, offensive, or infringes on the rights of others. We reserve the right to remove or modify user-generated content at our discretion.

14. Linking to Third-Party Websites

14.1 Our website may contain links to third-party websites. These links are provided for your convenience, and we do not endorse or have any control over the content on these websites.

14.2 We are not responsible for the accuracy, legality, or availability of external sites and their content. Accessing third-party websites through our links is at your own risk.

15. Changes to Terms and Conditions

15.1 We reserve the right to modify these terms and conditions at any time. Any changes will be effective immediately upon posting on our website.

15.2 It is your responsibility to review these terms periodically for updates. Your continued use of our website after changes are posted constitutes acceptance of those changes.

16. Force Majeure

We are not liable for any failure or delay in performance resulting from acts beyond our control, including but not limited to natural disasters, acts of war, government actions, or any other force majeure event.

17. Indemnification

17.1 To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Lobster Climbing, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the "Lobster Climbing Parties"), from and against all actual or alleged Lobster Climbing Party or third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, "Claims").

17.2 The indemnification includes, but is not limited to, damages to property or personal injury, that are caused by, arise out of, or are related to:

(a) Your use or misuse of the Sites, Content, or Services,

(b) Any Feedback you provide,

(c) Your violation of these Terms,

(d) Your violation of the rights of another,

(e) Any third party’s use or misuse of the Site or Services provided to you, and (f) Any User Content you create, post, share, or store on or through the Site or our pages or feeds on third-party social media platforms.

17.3 You agree to promptly notify Lobster Climbing of any third-party Claims and cooperate with the Lobster Climbing Parties in defending such Claims. You further agree that the Lobster Climbing Parties shall have control of the defense or settlement of any third-party Claims.

17.4 This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Lobster Climbing.

18. Prohibition of Modification and Reverse Engineering

You are strictly prohibited from modifying, copying, disassembling, reverse engineering, or otherwise attempting to discover the source code or underlying mechanisms of our products or any software associated with them. This includes, but is not limited to, attempting to:

  • Alter or modify the functionality of our products or software

  • Create derivative works based on our products or software

  • Decompile, disassemble, or otherwise attempt to reverse engineer our products or software

  • Access or utilize any confidential information or trade secrets contained within our products or software

Any violation of this prohibition may result in legal action, including injunctions, damages, and other remedies. We reserve the right to take any and all necessary measures to protect our intellectual property, including pursuing legal action against any infringers.

19. Product Inspection and Maintenance

To ensure the safety and longevity of Lobster Climbing products, it is crucial to inspect them regularly for any signs of damage or wear. If you notice any cracks, imperfections, worn parts, or unusual sounds coming from the products, immediately discontinue use and contact Lobster Climbing customer service for assistance.

20. Professional Installation

Lobster Climbing strongly recommends that all product installations be performed by a certified engineer or a qualified contractor with expertise in structural integrity and safety. Improper installation can lead to product malfunction, property damage, and even personal injury. Lobster Climbing assumes no responsibility for damages or injuries resulting from improper installation.

21. Consultation with a Professional

Before engaging in any exercise program or using Lobster Climbing products, it is essential to consult with a licensed healthcare professional to assess your fitness level and identify any potential health risks. Your healthcare provider can provide personalized guidance on safe and effective exercise practices.

22. Pain as a Warning Sign

Pain is your body's way of signaling that something is wrong. If you experience any pain during exercise, immediately stop the activity and seek medical attention. Do not ignore pain signals, as pushing through pain can lead to further injury.

23. Self-Judgment and Exercise Intensity

Lobster Climbing provides training protocols as general guidelines to help you achieve your fitness goals. However, it is crucial to exercise within your own limits and listen to your body. Adjust the intensity and duration of your workouts based on your individual fitness level, experience, and any pre-existing health conditions.

24. User Responsibility and Assumption of Risk

You acknowledge and understand that using workout products and engaging in any form of exercise or physical activity involves inherent risks of injury, including, but not limited to, serious bodily injury, disability, and even death.

You agree to consult with a licensed healthcare professional before using our workout products or engaging in any exercise program. This is especially important if you have any pre-existing health conditions or if you are new to exercise. Your healthcare professional can assess your fitness level and recommend appropriate exercise activities and workout products for your individual needs.

By using our workout products, you agree to assume all risks associated with exercise and physical activity. You understand that Lobster Climbing is not responsible for any injuries or other damages that may occur as a result of your use of our products or your participation in any exercise program.

25. Assumption of Risk and Waiver

In consideration of the use of Lobster Climbing's products and services, you hereby release and forever discharge Lobster Climbing, its officers, directors, employees, agents, successors, and assigns from any and all claims, liabilities, damages, losses, costs, expenses, and fees (including attorneys' fees) arising out of or in connection with your use of our products or your participation in any exercise program.

This waiver and release includes, without limitation, any claims arising from:

  • Personal injuries, including, but not limited to, serious bodily injury, disability, or death

  • Property damage

  • Economic losses, including, but not limited to, lost wages, medical expenses, and legal fees

You acknowledge and understand that you have carefully read this waiver and release and that you fully understand its contents. You agree that this waiver and release is binding and enforceable against you.

26. Proper Use of Products

Lobster Climbing Inc. ("Lobster Climbing") is committed to providing high-quality workout products. However, it is essential to use our products correctly to maximize their effectiveness and minimize the risk of injury. Please carefully read and follow all instructions provided with our products before using them. If you have any questions about the proper use of our products, please consult with a certified personal trainer or other qualified fitness professional.

27. Improper Use and Physical Harm

Lobster Climbing is not responsible for any injuries or physical harm that may result from the improper use of our products. Improper use includes, but is not limited to, using products for purposes other than those they are intended for, using products in a way that is not consistent with the instructions provided, or using products that are damaged or defective.

28. Product Defects

While Lobster Climbing takes all necessary steps to ensure the quality and safety of our products, there is always a small risk that products may contain defects that could lead to injury. If you believe you have received a defective product, please immediately stop using it and contact Lobster Climbing customer service for assistance.

29. Training Plans and Exercise Risks

Lobster Climbing provides training plans and exercise recommendations as a general guide to help you achieve your fitness goals. However, it is important to recognize that exercise inherently involves risks of injury. These risks can vary depending on your individual fitness level, health conditions, and the specific exercises you perform.

By using Lobster Climbing products and engaging in any form of exercise or physical activity, you acknowledge and understand the inherent risks involved and assume full responsibility for your actions and any potential consequences. You agree to consult with a licensed healthcare professional before starting any new exercise program, especially if you have any pre-existing health conditions.

In consideration of the use of Lobster Climbing's products and services, you hereby release and forever discharge Lobster Climbing, its officers, directors, employees, agents, successors, and assigns from any and all claims, liabilities, damages, losses, costs, expenses, and fees (including attorneys' fees) arising out of or in connection with your use of our products, your participation in any exercise program, or any injuries or physical harm that may result therefrom.

29. Disclaimer of Warranties

LOBSTER CLIMBING INC. ("LOBSTER CLIMBING") MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR SERVICES IT PROVIDES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LOBSTER CLIMBING FURTHER DISCLAIMS ALL LIABILITY FOR ANY DAMAGES RESULTING FROM THE USE OF ITS PRODUCTS OR SERVICES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY.

IN NO EVENT SHALL LOBSTER CLIMBING BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF ITS PRODUCTS OR SERVICES, EVEN IF LOBSTER CLIMBING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE AND AGREE THAT THE USE OF LOBSTER CLIMBING'S PRODUCTS AND SERVICES INVOLVES INHERENT RISKS OF INJURY, INCLUDING, WITHOUT LIMITATION, SERIOUS BODILY INJURY, DISABILITY, AND EVEN DEATH. YOU ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISKS ASSOCIATED WITH THE USE OF LOBSTER CLIMBING'S PRODUCTS AND SERVICES.

YOU HEREBY RELEASE AND FOREVER DISCHARGE LOBSTER CLIMBING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, AND FEES (INCLUDING ATTORNEYS' FEES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF LOBSTER CLIMBING'S PRODUCTS OR SERVICES, OR ANY INJURIES OR OTHER DAMAGES YOU MAY SUFFER AS A RESULT THEREOF.

Lobster Climbing warrants that its products are free from defects in materials and workmanship for a period of one (1) year from the date of purchase. This warranty does not cover normal wear and tear, misuse, or damage caused by accident, neglect, or improper installation.

If you believe your Lobster Climbing product is defective, please contact customer service within the warranty period. We will, at our option, repair or replace the defective product. If we are unable to repair or replace the product, we will refund your purchase price.

Please note that you may be required to return the defective product to us for inspection. We will pay for shipping costs associated with returning the product.

This warranty is the sole and exclusive remedy for any defects in Lobster Climbing products. Lobster Climbing is not responsible for any incidental or consequential damages arising from the use of its products, even if Lobster Climbing has been advised of the possibility of such damages.

30. Severability

IF ANY PROVISION OF THIS DISCLAIMER IS HELD TO BE INVALID OR UNENFORCEABLE, SUCH PROVISION SHALL BE STRUCK FROM THIS DISCLAIMER AND THE REMAINING PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.

31. Entire Agreement

THIS DISCLAIMER CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND LOBSTER CLIMBING WITH RESPECT TO THE PRODUCTS AND SERVICES PROVIDED BY LOBSTER CLIMBING. ANY PRIOR OR CONTEMPORANEOUS COMMUNICATIONS, REPRESENTATIONS, OR AGREEMENTS, WHETHER ORAL OR WRITTEN, ARE HEREBY SUPERSEDED AND OF NO FORCE OR EFFECT.

Contact Information

If you have any questions or concerns regarding these terms and conditions, please contact us at lobsterclimbing@gmail.com.

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