All intellectual property rights, including, but not limited to, copyrights, trademarks, and trade secrets, in and to the Nectar Board are owned by Nectar Climbing, LLC. Any unauthorized use of the Nectar Board or its intellectual property is strictly prohibited.

This includes, but is not limited to:

• Making or selling copies of the Nectar Board.
• Using the Nectar Board’s design, construction, or operation without permission.
• Using the Nectar Board’s trademarks or trade secrets.
• Distributing or publishing information about the Nectar Board without permission.

Any unauthorized use of the Nectar Board or its intellectual property may result in civil and criminal penalties. Civil penalties may include damages, injunctions, and attorneys’ fees. Criminal penalties may include fines and imprisonment.

1.   Use of the Nectar Board. The Customer agrees to use the Nectar Board (the “Board”) in accordance with the instructions provided by the Company.

2.   Liability. The Company shall not be liable to the Customer for any damages, whether direct, indirect, incidental, special, or consequential, arising out of or in connection with the use of the Board. This includes but is not limited to, damages for personal injury, property damage, or loss of profits.

3.   Limited Liability. The Company’s liability under this Agreement shall be limited to the purchase price of the Board.

4.   Indemnification. The Customer agrees to indemnify and hold the Company harmless from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with the Customer’s use of the Board.

5.   Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

6.   Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.

7.   Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

8.   Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado.

NECTAR is a trademark of Nectar Climbing, LLC and is the subject of U.S. TM Application No. 97/756,875. This means that Nectar Climbing, LLC has the exclusive right to use the NECTAR trademark in connection with the goods and services for which it has been registered.