BOLD Membership
Terms & Conditions
TERMS AND CONDITIONS OF CG MEMBERSHIP
IMPORTANT LEGAL NOTICE: YOUR MEMBERSHIP IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CG NATION, LLC D/B/A CAMP GLADIATOR (“CG,” “we,” or “us”). BY ENROLLING IN A CG MEMBERSHIP, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW (THE “AGREEMENT”), WHICH WE MAY MODIFY OR AMEND FROM TIME TO TIME. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING.
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Membership. CG Memberships include the following programs: BOLD™; BOLD+™; and CG Nutrition™ (each, a “Membership”). We may modify the existing Memberships or add new Memberships at any time. Your Membership gives you access to the services available for the specific Membership you purchase. This Agreement is limited to one Membership per person and does not include any other products, services, or events that are sold separately (collectively, the “Services”). Your Membership is not transferable for any reason, and you may not assign, transfer, give or sell your BOLD Membership to anyone else. Violations may result in the termination of your Membership.
Initial Term; Automatic Renewal. Your Membership is a commitment for an initial minimum number of regular (i.e., non-freeze) payments based on the specific CG Membership you choose (the "Initial Minimum Commitment"). After your Initial Minimum Commitment, your Membership will automatically renew on a monthly basis, and you will continue to be charged the then-current Membership Fee (which may be more than your current Membership Fee) unless you cancel your membership, as specified under this agreement. If your Membership includes a promotional period or deferred payment of your Membership Fee, you will still be responsible for satisfying the Initial Minimum Commitment before you are eligible to cancel or terminate your Membership, as provided below.
Membership Fee. Your Membership Fee will consist of the then-current price for your selected Membership, minus any applicable discounts, plus any Add-On Services, upgrades, or other agreed-upon amounts purchased by you from time to time (the “Membership Fee”). Your Membership Fee will be due on the same day each month, beginning as follows: a) the first day after your trial period or promotion ends or b) the date you enroll in your Membership. We may adjust your Membership Fee in connection with any applicable trial or opt-in periods, and/or changes to the specific type of Membership you purchase. Membership Fees are exclusive of tax, and you agree to pay all required taxes for your Membership or any Add-On Services you purchase. We reserve the right to increase your Membership Fee during your Initial Minimum Commitment at our sole discretion.
Payment Authorization. You authorize us and our third-party payment processing vendor(s) to charge your Membership Fee or any Add-On Services to the credit or debit card associated with your User Account. You are responsible for timely paying all amounts that become due and owing.
YOU ARE SOLELY RESPONSIBLE FOR MONITORING YOUR BANK AND
CREDIT CARD STATEMENTS, INCLUDING, NOTIFYING YOUR FINANCIAL INSTITUTION IN A TIMELY MANNER OF ANY ERRONEOUS CHARGE THAT APPEARS ON YOUR BILLING STATEMENT. YOU HEREBY WAIVE ALL CLAIMS AGAINST THE CG PARTIES FOR ANY DISPUTED PAYMENTS.
Freeze Payments. Unless excluded from your specific Membership, we may permit you to temporarily suspend your scheduled Membership Fees for a limited time period; provided that you pay an administrative fee that we may establish at our sole discretion (a “Freeze Payment”). Freeze Payments do not count toward your Initial Minimum Commitment. We reserve the right to modify, suspend or terminate the availability of Freeze Payments at our sole discretion.
All Sales Final. Membership Fees are non-refundable regardless of whether you become injured, have an unexpected business or family emergency, travel issues, or whether any Services are postponed, canceled or modified for any reason. All sales are final.
Membership Upgrades and Downgrades. You may upgrade or downgrade at any time. Please visit
https://campgladiator.com/help/contact
for complete details about upgrading or downgrading your Membership.
Canceling Your Membership. Except as expressly stated in our then-current cancellation steps, you must complete your Initial Minimum Commitment before you are eligible to cancel your Membership. For more information about canceling your Membership, please visit
https://campgladiator.com/help/contact
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Referral & Perks Program. We may establish a referral or perks program for members from time to time at our sole discretion. If we establish a referral program, we will publish the rules and criteria that govern your eligibility to participate in the referral program. We may modify, suspend, or terminate any referral program at any time for any reason without prior notice. Unless expressly provided for otherwise, the terms and conditions of this Agreement are expressly incorporated into any referral program that we establish in connection with your Membership.
Your Representations. You represent and warrant to us that: (a) you are at least 18 years old (unless otherwise indicated below) and reside in the United States; (b) you had the opportunity to read this Agreement; (c) you are voluntarily signing this Agreement; (d) you are utilizing the Membership solely for your personal, non-commercial use; and (e) any information you’ve provided to us is accurate. Individuals under 18 must have a parent’s or guardian’s express consent. Individuals under 16 years old may not participate in any Services.
Denial of Services; Termination of Agreement. We reserve the right to temporarily suspend or terminate your Membership or any Add-On Services, which may include terminating your User Account, without notice, recourse, or refund for the following reasons: (a) you are (or we suspect that you are) involved in any alleged fraudulent or illegal activity; (b) we determine you are disruptive, disorderly, harassing, abusive or pose a safety risk to us, anyone or their property; (c) you violate any rules, policies or guidelines governing the CG Platform or any physical fitness location, (d) you fail to pay any outstanding monies that become due and owing under your Membership or this Agreement; or (e) you breach this Agreement.
ASSUMPTION OF RISKS & WAIVER OF LIABILITY.
(A) GENERAL ASSUMPTION AND WAIVER: TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU CONSENT TO PARTICIPATE IN THE WORKOUTS, PROGRAMS, OR SERVICES (COLLECTIVELY, THE “SERVICES”) RELATED TO YOUR MEMBERSHIP. YOU CERTIFY THAT YOU HAVE BEEN WARNED ABOUT, UNDERSTAND, AND ACCEPT ANY AND ALL RISKS OF THE SPECIFIC TYPES DESCRIBED IN THIS AGREEMENT AND ASSOCIATED WITH PARTICIPATING IN SERVICES, WHETHER KNOWN OR UNKNOWN, NOW OR IN THE FUTURE.
(B) WORKOUTS & EXERCISE PROGRAMS: YOU UNDERSTAND THAT PARTICIPATING IN WORKOUTS AND OTHER PROGRAMS INVOLVE VIGOROUS EXERCISES, OBSTACLE COURSE-STYLE CHALLENGES, AND OTHER PHYSICALLY DEMANDING OR STRENUOUS OUTDOOR OR INDOOR ACTIVITIES THAT COULD RESULT IN SUNBURN, OVERHEATING, HEATSTROKE, ABNORMAL BLOOD PRESSURE, EXCESSIVE SWEATING, DIZZINESS, RAPID HEARTBEAT, FAINTING, EXHAUSTION, SPRAINS, STRAINS, FRACTURES, ANIMAL BITES, STINGS, CONTACT WITH POISONOUS PLANTS, EXPOSURE TO PATHOGENS AND OTHER CONTAGIOUS DISEASES. IN CERTAIN RARE INSTANCES, WORKING OUT AND EXERCISING MAY RESULT IN POSSIBLE HEART ATTACK, PERMANENT PARALYSIS, STROKE, OR EVEN DEATH.
(C) NUTRITION PROGRAMS: NUTRITION SERVICES CONSIST OF GENERAL, NON-MEDICAL NUTRITION INFORMATION, AND RELATED SERVICES. PARTICIPATING IN A NUTRITION PROGRAM MAY INVOLVE THE INHERENT RISK OF FOOD ALLERGIES, ILLNESS, EXPOSURE TO FOOD-BORNE PATHOGENS, NAUSEA, VOMITING, AND OTHER ADVERSE REACTIONS. INDIVIDUALS EXPERIENCING AN ACUTE MEDICAL CONDITION COULD INCREASE THE RISKS OF CERTAIN NUTRITIONAL HAZARDS. IN CERTAIN RARE INSTANCES, THESE INHERENT RISKS MAY CAUSE SERIOUS ILLNESS OR EVEN DEATH. THE RISK OF SERIOUS INJURY OR DEATH IS INHERENT IN NUTRITION-RELATED ACTIVITIES AND PROGRAMS AND CANNOT BE ELIMINATED. IF YOU HAVE ANY SPECIAL DIETARY OR ALLERGIC RESTRICTIONS, ARE PREGNANT, POST-NATAL, OR NURSING, OR IF YOU HAVE ANY MEDICAL NUTRITIONAL CONDITIONS, YOU SHOULD CONSULT A PHYSICIAN PRIOR TO STARTING A NUTRITION PLAN OR IMPLEMENTING ANY CHANGES TO YOUR CURRENT DIET. IF YOU BEGIN EXPERIENCING ANY ADVERSE REACTIONS WHATSOEVER, YOU AGREE THAT YOU WILL IMMEDIATELY STOP PARTICIPATING IN THE NUTRITION SERVICES AND NOTIFY A MEDICAL PROFESSIONAL IMMEDIATELY. BY PARTICIPATING IN A NUTRITION PROGRAM, YOU CERTIFY THAT YOU ARE NOT UNDER DIRECT PHYSICIAN CARE FOR A MEDICAL CONDITION THAT REQUIRES NUTRITIONAL THERAPY OR MEDICAL INTERVENTION. IF YOU ARE UNDER DIRECT PHYSICIAN CARE, YOU SHOULD IMMEDIATELY CONSULT YOUR PHYSICIAN BEFORE STARTING A NUTRITION PLAN OR RECEIVING NUTRITION-RELATED SERVICES.
(D) FOOD CONSUMPTION: WE ARE NOT RESPONSIBLE FOR ANY ALLERGIC OR ADVERSE REACTIONS YOU MIGHT EXPERIENCE. NUTRITION PLANS ARE NOT INTENDED TO BE MEDICAL ADVICE, AND PARTICIPATING IN A NUTRITION PLAN DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND US OR ANY INDEPENDENT CONTRACTOR DELIVERING THE SERVICES. ANY MATERIALS PROVIDED AS PART OF A NUTRITION PLAN ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO TREAT, DIAGNOSE, CURE, OR PREVENT ANY DISEASE OR TO SUBSTITUTE FOR MEDICAL TREATMENT BY A PHYSICIAN, DIETITIAN, OR NUTRITIONIST. WE DO NOT GUARANTEE THAT YOU WILL ACHIEVE ANY SPECIFIC RESULTS BY PARTICIPATING IN A NUTRITION PLAN. YOUR RESULTS WILL VARY DEPENDING ON YOUR PERSONAL EFFORT AND UNIQUE DIETARY NEEDS. WE ALSO DO NOT GUARANTEE THE ACCURACY OF ANY SPECIFIC NUTRITIONAL INFORMATION, WHICH IS GENERAL IN NATURE AND SUBJECT TO VARYING FACTORS, INCLUDING AN INDIVIDUAL’S AGE AND SEX, THE ENVIRONMENT, SPECIFIC INGREDIENTS USED, MANUFACTURER CHANGES, AND OTHER FACTORS OUTSIDE OF OUR CONTROL.
RELEASE OF CLAIMS. YOU AGREE THAT PARTICIPATING IN A MEMBERSHIP OR RECEIVING ANY SERVICES, WHETHER IN-PERSON OR VIRTUALLY, IS DONE AT YOUR OWN RISK. THE RISK OF SERIOUS INJURY OR DEATH IS INHERENT IN PHYSICAL EXERCISE AND CANNOT BE ELIMINATED. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU HEREBY FOREVER WAIVE ANY CLAIMS RELATED TO THE INHERENT RISKS ASSERTED AGAINST US OR OUR AFFILIATES, AGENTS, EMPLOYEES, VENDORS, AND INDEPENDENT CONTRACTORS, WHETHER KNOWN OR UNKNOWN, WHETHER IN EXISTENCE NOW OR ARISING IN THE FUTURE, RELATING TO ANY PHYSICAL OR EMOTIONAL INJURY OR DAMAGES YOU MAY SUFFER AS A RESULT THE INHERENT RISKS ASSOCIATED WITH PARTICIPATING IN A MEMBERSHIP OR RELATED SERVICES, WHETHER IN-PERSON OR ONLINE.
Health Certifications. You acknowledge that participating in a Membership or any Services may positively or negatively affect or change your health and wellness, and that the Services are intended only for healthy individuals. You represent and warrant to us that (i) you have thoroughly investigated the Services; (ii) you have consulted with an independent, licensed, medical professional who is familiar with your medical history and conditions regarding your ability to participate in the Services; and (iii) you will not participate in any Services in a manner that may injure or affect your safety or the safety of others.
Disclaimers and Limitations.
General Disclaimer. All Services are provided to you on an “as is,” “where is,” “as available,” and “with all faults” basis. We do not make any representations or warranties of any kind (whether direct or indirect, oral or written, or express or implied) to you with respect to the Membership or the Services, including, but not limited to, the success, performance, functionality, reliability, or safety of the Services. TO THE FULLEST EXTENT PERMITTED UNDER LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, ACCURACY, RELIABILITY, AND PERFORMANCE, AND ANY WARRANTIES ARISING FROM THE CONDUCT, COURSE OF DEALING, CUSTOM, AND USAGE IN TRADE WITH RESPECT TO THE SERVICES. WE DO NOT MAKE ANY AFFIRMATION OF FACT OR PROMISE RELATING TO THE SERVICES. Disclaimer about Third Parties. We expressly disclaim any and all liability arising from or in connection with, and shall not be responsible for, any acts, errors, or omissions of any vendors or contractors who may operate or provide certain services in relation to the Services. We do not control and do not make any assurances to you or any other person or entity about your experiences with any other registrants of the Services, or your experiences with any vendors or contractors who may operate or provide certain services in relation to the Services. You acknowledge and agree that (i) CG has no responsibility or liability to you related to any information, communications, content made by, or any interactions you may have with any third parties; (ii) such third parties may not be skilled, abled, authorized, or reliable; and (iii) despite such knowledge, you are willing to voluntarily visit, access, and participate in the Services. Disclaimer about System Delays. You acknowledge and agree that virtual workouts and your purchase of certain Services may be subject to technological limitations, delays, and other problems inherent in the use of third-party communication networks that are outside of our control.
WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY DELAYS, FAILURES, LOSSES, INJURIES, LIABILITIES, OR DAMAGES ASSOCIATED WITH YOUR ACCESSING ANY OF VIRTUAL CG WORKOUTS OR ANY OTHER VIRTUAL SERVICES THAT RESULT FROM ANY SYSTEM DELAYS, DOWNTIMES, INTERRUPTIONS, OR OTHER FAILURES OF OR PROBLEMS WITH THE VIRTUAL CG WORKOUTS OR OTHER VIRTUAL SERVICES THAT ARE OUTSIDE OF CG’S CONTROL, INCLUDING, BUT NOT LIMITED TO, SCHEDULED MAINTENANCE OR NETWORK FAILURE. Disclaimer of Property Liability. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO YOU OR YOUR GUEST(S) FOR ANY PERSONAL PROPERTY THAT IS DAMAGED, LOST, OR STOLEN WHILE ON OR AROUND ANY CG LOCATIONS OR DURING YOUR PARTICIPATION IN ANY SERVICES OR WORKOUTS, INCLUDING, BUT NOT LIMITED TO, ANY BAGS, APPAREL, VEHICLES, OR THEIR CONTENTS. Disclaimer of Promotional Items. We reserve the right to offer certain promotions, challenges, or contests during your access to CG Camp (the “Promotion(s)”). Promotions are limited to residents of the United States and promotional items will not be shipped outside the United States. We reserve the right, at our sole discretion, to cancel, modify or terminate any Promotion if, for any reason, a Promotion is not capable of running as planned, including without limitation, lack of significant participation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of such Promotion. We reserve the right, in its sole and absolute discretion, to disqualify any individual deemed to be (A) tampering or attempting to tamper with the entry process or the operation of a promotion; (B) violating the terms of this Agreement or the rules of any Promotion; or (C) acting in an unsportsmanlike or disruptive manner, or with intent to, abuse, threaten or harass any other person. If a Force Majeure Event occurs, we will be excused from offering promotional items under any Promotion. For purposes of this Agreement, a “Force Majeure Event” means any event or circumstance, regardless of whether it was foreseeable, that was not caused by that party and that prevents us from holding these promotions, including, but not limited to, any act of God, war, hostilities, invasion, acts of foreign enemies, mobilization, rebellion, revolution, military or usurped power, civil war, pandemics, epidemic, contamination, riot, strikes, lock-outs, acts or threats of terrorism. If you qualify for a promotional item, you must complete all steps prescribed to redeem and receive this item. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY THIRD-PARTY ISSUES THAT MAY INTERRUPT OR DELAY YOUR RECEIPT OF THESE PROMOTIONAL ITEMS, INCLUDING, BUT NOT LIMITED TO, SUPPLY-CHAIN ISSUES, SHIPPING OR FREIGHT ISSUES, ETC. Links to Other Sites, Networks, Platforms, Servers, and Apps.
Linked Technologies. The Services, including virtual workouts, may contain links to third-party websites, networks, platforms, servers, and/or applications (“Linked Technologies”). The Linked Technologies are not under our control and are provided to you as a convenience. Your decision to access any Linked Technologies is done at your own risk. Disclaimer About Linked Technologies. We are not responsible for any malicious software, spyware programs, inaccurate information, and illegal content that may be found on the Linked Technologies. You acknowledge and agree that your decision to access any Linked Technologies is at your own risk. We are not responsible for any delays, failures, losses, injuries, liabilities, or damages associated with the Services that result from any system delays, downtimes, interruptions, or other failures of or problems with the Services, which are outside of our control (including, without limitation, scheduled maintenance, or network failure). Our use of the Linked Technologies does not create an affiliation with, association with, or endorsement of such Linked Technologies or any information, content, goods, services, promotions, advertisements, programs, codes, or other items which may be found on or excluded from such Linked Technologies. Use of Zoom Video Communications, Inc. By accessing, participating in, or using Services hosted on Zoom Video Communications, Inc. (“Zoom”) or other video-conferencing software, you are agreeing to accept and be bound by the terms and conditions of Zoom found at https://www.zoom.us/terms. If you do not agree to the Zoom terms and conditions you may not access or participate in the Services provided under this Agreement.
Devices and Carrier Fees. Certain portions of the Services may be configured for computers, tablets, smartphones, and/or other electronic devices (the “Device(s)”), and held virtually. You are responsible for obtaining and updating your Device, software, operating system, carrier, and network access necessary to access and participate in the Services properly. We do not guarantee that any virtual portions of the Services will function on or in connection with any particular Device, software, operating system, carrier, or network. If you access or participate in the Services through a particular Device, then you hereby acknowledge and agree that information about your use of the Services through that Device or its carrier or network may be communicated to CG and/or certain third parties. The voice, message, and data fees, rates, charges, and taxes of your Device’s carrier or network, or another third party, may apply to your access to or participation in the Services. CG is not responsible for, and you further accept full responsibility for, all Device, carrier, and network fees, rates, charges, and taxes that may apply, if any.
Consent and License to Use Your Name and Likeness. By enrolling in a Membership or Services, or publishing on an online social media account that you own and link or otherwise associate with the Services or your User Account, you hereby consent to our use of your name, photo, likeness, or voice (collectively, with any social media postings, the “User Materials”) to promote or publicize the Services, whether internally or externally, in any format whatsoever, including, but not limited to, photographs, audio, film, print media, television, and/or social media. To the extent necessary under law, you hereby grant to CG an irrevocable, perpetual license to use the User Materials in any media or format without any compensation paid to you.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU HEREBY RELEASE CG FROM LIABILITY RELATING TO OUR USE OF ANY USER MATERIALS LICENSED OR ASSIGNED BY YOU IN ACCORDANCE WITH THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM YOU MAY HAVE FOR PRIVACY, ALTERATION, DISTORTION, ROYALTIES, OR COMPENSATION, AND YOU FURTHER WAIVE ANY RIGHT YOU MAY HAVE TO INSPECT OR APPROVE ANY USER MATERIALS OR ANY FUTURE USE OF SUCH MATERIALS (INCLUDING DERIVATIVE WORKS) BY CG OR OUR AUTHORIZED AFFILIATES AND INDEPENDENT CONTRACTORS.
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CG Recordings. By participating in Virtual CG Workouts, you will see and hear and can elect to be heard and seen by, other users participating in Virtual CG Workouts. By electing to display your image and or audio during Virtual CG Workouts, you consent to the video and/or oral recording of you and anyone around you during Virtual CG Workouts. Further, you hereby consent to the photographing, filming, taping, recording, interviewing, and/or referencing of you by CG during your participation in or use of any Virtual CG Workouts. In addition, you hereby acknowledge and agree that CG is the exclusive owner of all rights, titles, and interests in and to all photographs, films, tapings, recordings, interviews, copyrights, and proceeds (collectively, the “Recorded Works”), if any, as “works made for hire.” If any of the foregoing is not a “work made for hire,” then you forever irrevocably transfer the same to us.
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Express Consent to Receive Text Communications; Opt-in. You acknowledge and reaffirm your express consent to us sending or otherwise communicating with you for any lawful purpose via any electronic means as we deem appropriate in our sole discretion, whether through the Website, through the Mobile App, through your User Account, by personal communication, by email, by automatic telephone dialing system, by artificial or prerecorded voice, by online social media, or by text message. You further acknowledge that you are not required to reaffirm the foregoing consent as a condition for participating in the Services. You may opt out of any electronic communications at any time by using any reasonable opt-out method as further described in the Standard Terms or otherwise permitted by applicable law.
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Ownership; Limited License to Access Services. The Services, including Virtual CG Workouts, and all elements and derivatives thereof (including, but not limited to, all information, content, source codes, object codes, data, instructions, documentation, and expressions), as well as all copyrights, trademarks, and other intellectual properties of the foregoing, are owned, licensed, or permissibly used by us or our affiliates. Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, personal, freely revocable, non-transferable, and non-sublicensable license to access and use the Services during the term of this Agreement. In no event will you have or retain any rights, titles, or interests in or to the foregoing other than those limited rights expressly granted to you under this Agreement. Nothing contained in this Agreement shall restrict or limit our rights, titles, or interests in or to the Services, the User Materials, the Recorded Works, or any elements or derivatives of the foregoing, or shall be construed as a waiver or limitation of our or our affiliates respective rights and remedies under applicable law.
Additional Waivers and Policies. This Agreement supplements, and is incorporated by reference into the TERMS OF USE AND WAIVER (https://campgladiator.com/legal/terms) and applicable PRIVACY POLICY (https://campgladiator.com/legal/privacy-policy) for the Website and Mobile App (collectively, “Standard Terms”). By entering into this Agreement, you are acknowledging that you have read and understand, or have had an opportunity to read and understand, the most recent version of the Standard Terms. You accept and agree to, or reaffirm your acceptance and agreement to, the Standard Terms. If any term or condition of this Agreement conflicts with a term or condition of the Standard Terms, then the conflicting term or condition of this Agreement shall govern and control. Your purchase of and participation in the Services is subject to all rules and policies we publish from time to time without prior notice to you, and you agree to follow the same.
Add-On Services. The Standard Terms apply to any additional Services or product offerings (“Add-On Services”) that you may purchase from time to time. In certain instances, your consent (to us or to our independent contractors), whether by action, verbally, through electronic means, or otherwise in writing, to purchase available Add-On Services constitutes your acceptance to be bound by the terms of such Add-On Services, including, but not limited to, any subscriptions, minimum term commitments, recurring payment obligations, and upon such acceptance, our mutual consent to amend this Agreement to incorporate the same.
Services by Independent Contractors. The services provided under this Agreement shall be performed and carried out by one or more independent contractors acting on our behalf or our affiliate companies. No part of this Agreement shall be construed or is intended to represent the creation of any employment, agency, partnership, or joint venture relationship between us and any independent contractors who at all times are independent contractors acting on our behalf or on behalf of our affiliate companies.
Indemnification. You hereby agree to indemnify, release, and hold harmless us and our officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, independent contractors, vendors, licensors, and independent contractors (the “CG Parties”) from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable outside attorney's fees) incurred by or asserted against the CG Parties by any third parties, arising out of or in connection with (a) your acts, errors, or omissions, (b) your participation in any Services, (c) your violation of the rights of or other injury committed to any third party, or (d) your breach of all or any part of this Agreement.
Law and Forum. This Agreement, the additional terms, conditions, and policies referenced herein (including, without limitation, the Website, Mobile App terms, Standard Terms, and Privacy Policy), and all disputes, controversies, and claims relating to the foregoing, your access of or participation in the Services, or the Parties’ relationship (whether grounded in contract, tort, statute, law, or equity), shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of Texas and applicable federal law, regardless of its place of execution, its place of performance, and any conflicts of law analysis. Both you and CG irrevocably submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Travis County, Texas for the resolution of all disputes, controversies, and claims relating to this Agreement, the Services, your User Account and agree that neither is an inconvenient venue or forum.
Miscellaneous. This Agreement, together with those additional terms, conditions, rules, and policies referenced herein and/or made available by hyperlink (including, without limitation, the Standard Terms), (a) constitutes the entire agreement and understanding between you and us with respect to the subject matter hereof; (b) supersedes any prior agreements and understandings, if any, between you and us with respect to such subject matter; (c) cannot be modified except in a writing signed by both you and us (or the parties’ respective successors, assigns, or transferees); and (d) shall inure to the benefit of and be binding upon you, us, and our respective successors, assigns, and transferees. Section headings are inserted for reference and convenience only and shall not interpret, define, limit, or describe the scope, intent, terms, or conditions of this Agreement. If any term or condition of this Agreement is deemed invalid or unenforceable, then the remaining terms and conditions shall not be affected, and the invalidated or unenforceable term or condition shall be reformed to the maximum extent permitted under the law and consistent with the intent of this Agreement.
Reservation of Rights. We reserve the right to modify or alter any aspect of the Services. We reserve the right to temporarily or permanently change the modality of any offering or service, and we may offer the Services to third parties at different rates and terms than those accepted by you. We reserve the right to supplement, amend or otherwise modify the terms of this Agreement and any other rules and policies governing the Services without prior notice to you. By accessing the CG Platform or any Services, you agree to follow the same
Effective Date. The Effective Date of this agreement is the date you enroll in a Membership or register for any Services.
Last Modified. This Agreement was last modified on November 8, 2023.
