CG TOTAL TRANSFORMATION TERMS & CONDITIONS

CG TOTAL TRANSFORMATION TERMS OF USE

DATES

 

HOUSTON CG Total Transformation

Camp: May 22-June 17, 2017

Registration dates: April 28 – May 27, 2017

These CG TOTAL TRANSFORMATION TERMS OF USE (this “Agreement”) concern the program commonly known as the “CG TT” program (the “CG TT Program”) and the downloadable software application(s) commonly known as the “CG FIT App” (together with its features and services, as well as any premium versions, components, or sections thereof are sometimes referred to herein collectively as the “CG FIT App”).  This Agreement is made and entered into by and between you and any person helping you access, use, register, and/or participate in/with the CG TT Program and/or the CG FIT App (collectively, “you” or “your”), on the one side, and CG Nation, L.L.C. (“Company”), on the other side.  You and Company are sometimes referred to herein each as a “Party” and together as the “Parties.”

This Agreement supplements, and is incorporated by reference into, the Terms of Use and Waiver for the CampGladiator.com website (together with its features, products, and services, the “Site”) and, unless otherwise stated herein, the software applications offered by Company, including the CG FIT App, and the downloadable software application(s) commonly known as the “CG App” (together with its features and services, as well as any premium versions, components, or sections thereof are sometimes referred to herein collectively as the “CG App”).  The CG FIT App and the CG App sometimes referred to herein collectively as the “App.”  If any term or condition of this Agreement conflicts with the Terms of Use and Waiver, then the conflicting term or condition of this Agreement shall govern; and, for the avoidance of doubt, the use of the term “App” in the Terms of Use and Waiver shall have the meaning afforded to it in this Agreement.  As used herein, the terms “User Account” and “Device(s)” shall have the meanings ascribed to them, respectively, in the Terms of Use and Waiver.

Please read this Agreement carefully before signing up for the CG TT Program because it constitutes a legally binding agreement between you and Company.

When you create or log into an account through the CG TT Program, whether through the Site, the App, or otherwise, you are automatically accepting and agreeing to the most-recent version of this Agreement, as well as the Site’s and the App’s Terms of Use and Waiver.

Similarly, by accessing, using, registering, or participating in/with the CG TT Program, you are automatically accepting and agreeing to the most-recent version of this Agreement, as well as the Site’s and the App’s Terms of Use and Waiver, and your continuing access, use, registration, or participation of/with the CG TT Program reaffirms your acceptance and agreement in each instance.

If you do not accept and agree to this Agreement in its entirety, then you are strictly prohibited from accessing, using, registering, and/or participating in/with the CG TT Program.

Company may supplement, amend, or otherwise modify this Agreement at any time.  Such modifications will be posted on this or a similar page of the Site or the App, as applicable, e-mailed to the e-mail address associated with your User Account, or posted to your User Account, and shall be deemed effective as of their stated effective or modification date.  It is your responsibility to carefully review this Agreement and your User Account each time you access, use, or participate in the CG TT Program, whether through the Site, the App, or otherwise.

  1. Eligibility.  The CG TT Program is offered only to users eighteen (18) years of age or older who are located in Texas, Colorado, Louisiana, North Carolina, or Florida; who have accepted this Agreement; and who have an active User Account (defined below).  By accessing, using, registering, and/or participating in/with the CG TT Program you represent and warrant to Company that you meet these eligibility requirements.  You agree to comply with all applicable laws when accessing, using, and/or participating in the CG TT Program, and you may only use them for lawful purposes.
  2. Privacy.  Company respects your privacy and the use and protection of your personal information.  Company’s policies concerning the collection and use of your personal information in connection with the Site and the App are set forth in the their Privacy Policy, which you should carefully review each time you visit, access, or use the CG TT Program, the Site, or the App.
  3. Program Description.  The CG TT Program includes Company’s outdoor group fitness camps and CG FIT program that runs concurrent with a four (4) week cycle of the camps listed above, as well as the CG FIT App for those who may download it.  The CG TT Program is offered by Company to registered users, subject to the terms and conditions of this Agreement.  To register for the CG TT Program, you must accept this Agreement; pay the requisite fees for the CG TT Program; register for the CG TT camp online or in-person at the camp; create and maintain, or currently have and maintain, a User Account in good standing; and provide Company with any additional information it may request in relation to the CG TT Program.  You may register for the CG TT Program through the Site or in person at camp.  The CG TT Program is made available to you solely for your personal, noncommercial use and cannot be transferred.  Participation in certain portions of the CG TT Program will require that you download the App and/or have an active User Account.  Components of the CG TT Program include fitness (“Fitness”), nutrition (“Nutrition”), progress tracking (“Tracking”), and prize eligibility (“Prizes”), which are further described as follows:
    1. Fitness.  Fitness includes the ability to participate in certain of Company’s outdoor group fitness camps.  Existing users of Company’s outdoor group fitness camps who already have an active User Account, but who have not signed up for the CG FIT Program, are not required to register separately for the CG FIT Program to attend, use, or participate; however, they are still required to accept this Agreement as a pre-condition to attendance, use, or participation.
    2. Nutrition.  Nutrition includes access to a registered dietitian through the CG FIT App, which you must download to use in addition to having an active User Account.
    3. Tracking.  Tracking may include up to two (2) body composition tests (“Body Composition Test(s)”) and up to two (2) fitness tests (or “Fit Test(s)”).  It is recommended that you complete all such Body Composition Tests and Fit Tests in order to monitor your progress.  You must have an active User Account and CG FIT App in order to access and use such services.
    4. Body Composition Tests.  With respect to the Body Composition Tests, one will be performed within the first week of the applicable CG TT Program camp, and the other will be performed in the last week of that camp.  The Body Composition Test must be administered at a CG TT Program camp during a scheduled date and time. If you are unable to attend any scheduled testing dates, then you will not be able to participate.  You are ultimately responsible for tracking your results in the CG FIT App, and you represent, warrant, and covenant to Company that all such results are accurate.  You must have an active User Account to participate.
    5. Fit Tests.  With respect to the Fit Tests, one will be performed within the first week of the applicable CG FIT Program camp, and the other will be performed in the last week of that camp.  Each Fit Test involves a sequence of five (5) exercises (high knees [slow count], thrusters, squat jacks, sit-ups and johnny c’s) to be performed for one (1) minute, running consecutively, for a total of five (5) minutes.  The cumulative rep count from all five (5) exercises in five (5) minutes is the number of reps you will record in the CG FIT App, such as, for example:  25 high knees + 15 thrusters + 25 squat jacks + 25 sit-ups + 20 johnny c’s = 110 total reps entered into the CG FIT App.  The Fit Test may be administered at camp or done by the individual participant anywhere.  You are ultimately responsible for tracking your results in the CG FIT App, and you represent, warrant, and covenant to Company that all such results are accurate.  You must have an active User Account to participate.
    6. Prizes. As part of the CG FIT Program, you may be eligible to receive certain Prizes, including t-shirts or other merchandise, as selected and determined by Company in its sole discretion, upon your successful completion of an applicable CG FIT Program and your provision of requisite information (e.g., accurate shipping address, t-shirt size) related to the provision of any such Prizes. Company reserves the right to withhold, either temporarily or permanently, any and all Prizes, and you hereby acknowledge and confirm that you shall suffer no loss, monetary or otherwise, as a result.
  4. Program Completion.  Successful completion of the CG FIT Program requires that you complete all of the following during the applicable CG FIT Program session:
    1. Successfully “check in” at least twelve (12) times during a particular CG FIT Program camp.  Again, for a list of such camps, please go here.
    2. Enter your biometric information and results from at least one (1) Body Composition Test and one (1) Fit Test into the CG FIT App.
    3. Achieve “BOLD” (or “CG BOLD”) status by the last Saturday of the BOLD week (or CG BOLD week) of the applicable CG FIT Program camp.  For more information about CG BOLD, please go here.
    4. Have an active User Account with no outstanding payment issues, including, without limitation, any required BOLD (or CG Bold) fees.  For more information about CG BOLD, please go here.
  5. CG FIT App.
    1. Ownership.  The CG FIT App and all elements and derivatives thereof (including, without limitation, 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 Company.  In no event shall 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.  No rights or permissions granted to you under this Agreement are coupled with an interest.  Nothing contained in this Agreement shall be construed as a waiver or limitation of Company’s or its licensors’ respective rights and remedies under applicable law.
    2. License of the CG FIT App.  Subject to the terms and conditions of this Agreement, and any associated payment and registration obligations as imposed by or with the prior consent of Company, if you download a genuine copy of the CG FIT App to your Device, and if you further acknowledge your acceptance of and agreement to this Agreement, as well as those additional terms, conditions, and policies referenced herein, as Company may require from time-to-time, then Company grants you a limited, non-exclusive, personal, freely-revocable, non-transferable, and non-sub-licensable license to access and use the CG FIT App on said Device for the purpose of using the CG FIT App as Company intends for end users of the CG FIT App.  You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the CG FIT App; and if you sell or otherwise transfer to a third party a Device on which the CG FIT App is installed, then you must remove the CG FIT App from such Device before doing so.  Your unauthorized use of the Site or the App, or any breach by you of this Agreement, automatically terminates this license.
  6. No Refunds.  All sales and payments made regarding the CG TT Program and/or the CG FIT App, and all payments made on or through the Site and/or the App, are final, irrevocable, and not subject to or eligible for refund or return, unless otherwise expressly stated in this Agreement.
  7. Refusal of Products and Services.  Company has the right, but not the obligation, to refuse its products and services to you (including, without limitation, the CG TT Program, and the CG FIT App) if it suspects that you are in any way involved in fraudulent or illegal activity (including, without limitation, the use of stolen credit cards).  Additionally, Company has the right to refuse its products and services to you and may immediately terminate your participation in the CG TT Program in the event you are found to be disruptive, disorderly, loud, harassing, abusive, or a safety risk to any of Company’s agents, employees, representatives, or customers, or if you are found to be negligently or recklessly using and/or abusing any equipment or property of Company during your participation in the CG TT Program or use of the CG FIT App.  Further, Company may contact your payment method issuer, law enforcement, or others and share information relating to your payments if Company believes doing so will prevent a violation of the law or financial loss.
  8. InBody Machine.
    1. The InBody Machine.  Body Composition Tests are conducted by Company and/or Company’s agents, employees, vendors, or contractors utilizing InBody 370 Body Composition Analyzers (the “InBody Machine”), which are devises manufactured by or in relation to Biospace Co., Ltd. and/or its affiliate(s) (collectively, “Biospace”).  As noted on page 13 of the InBody 370 User’s Manual (USA) (emphasis added):
      1. Individuals with medical implant devices such as pacemakers, or essential support devices such as patient monitoring systems, MUST NOT USE THIS EQUIPMENT. Safe, low-level currents will flow through the body during the test, which may cause malfunctioning of the device or endanger lives.
      2. Bioelectrical Impedance Analysis (BIA) uses safe low level currents, which are not harmful to the body. However, we do NOT RECOMMEND PREGNANT WOMEN TEST.
      3. Children and people with limited mobility should be supervised or assisted when attempting to test on the InBody.
    2. No Relationship.  InBody, InBody 370, Biospace, and their logos are the trademarks or registered trademarks of Biospace. Company is not sponsored, endorsed by, or affiliate companies of Biospace.  There is no relationship between Company and Biospace beyond Company being an arms-length purchaser of certain products manufactured and/or offered by Biospace; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers, contractors, or the like.
    3. InBody Machine Disclaimer.  Your use of the InBody Machine (whether by you alone and/or with the assistance of Company and/or Company’s agent, employee, vendor, or contractor) in any way is done at your own risk.  The InBody Machine, the success or performance of the InBody Machine, the functionality of the InBody Machine, the safety of the InBody Machine, and all information, features, uses, and results of the InBody Machine (whether by you alone and/or with the assistance of Company and/or Company’s agent, employee, vendor, or contractor) are provided to you on an “as is,” “where is,” “as available,” and “with all faults” basis.  Company does not make, nor has Company made, any representations or warranties of any kind or nature (whether direct or indirect, oral or written, or express or implied) to you with respect to the InBody Machine, the success, performance, functionality, reliability, or safety of the InBody Machine, or any such information, features, uses, and results.  Company expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, quality, accuracy, success, performance, functionality, reliability, and safety), and warranties arising from conduct, course of dealing, custom, and usage in trade with respect to the InBody Machine, the success, performance, functionality, reliability, or safety of the InBody Machine, and any such information, features, uses, and results.  Company does not make, nor has Company made, any affirmation of fact or promise relating to the InBody Machine, the success, performance, functionality, reliability, or safety of the InBody Machine, or any such information, features, uses, and results that has become any basis of this bargain. There are no warranties (express, implied or otherwise) concerning the InBody Machine, the success, performance, functionality, reliability, or safety of the InBody Machine, or any such information, features, uses, and results that extend beyond the face of this Agreement.
    4. Representations, Warranties, and Covenants.  You represent, warrant, and covenant to Company that, prior to your use of the InBody Machine in each instance:  (a) you have read and understand the InBody 370 User’s Manual (USA) in its entirety; (b) you will not use the InBody Machine in any manner that is inconsistent with Biospace’s recommended uses of, or Biospace’s recommended means of using, the InBody Machine; (c) you are in proper health and physical condition to use the InBody Machine (e.g., you do not have a medical support or implant device, such as, for example only, a pacemaker, you are not pregnant, pregnant, and you do not have a medical condition that may exacerbated by your use of the InBody Machine, such as, for example only, a heart condition); (d) you have consulted with an independent, licensed, competent, and reputable medical professional who is operating in his/her field of expertise and familiar with you and your medical history and condition about your ability to use, and the risks associated with your use of, the InBody Machine (with such use being by you alone, as well as with the assistance of Company and/or Company’s agent, employee, vendor, or contractor); and (e) you will not use the InBody Machine in any manner that may injure or otherwise affect the safety of yourself or others.  If you do not, cannot, or will not adhere to all of the foregoing representations, warranties, and covenants, then you are prohibited from using the InBody Machine in any manner in relation to Company, Company’s agents, employees, vendors, or contractors, and/or the Body Composition Tests.
  9. Disclaimers and Limitations.
    1. General Disclaimer.  Your visit, access, use of, or participation in the CG TT or FIT Programs and/or the CG FIT App in any way is done at your own risk.  The CG TT or FIT Programs, the CG FIT App, the success or performance of the CG TT or FIT Programs or the CG FIT App, and all information, communications, content, features, products, and services offered, sold, and/or licensed on or through the CG TT or FIT Programs and/or the CG FIT App are provided to you on an “as is,” “where is,” “as available,” and “with all faults” basis.  Company does not make, nor has Company made, any representations or warranties of any kind or nature (whether direct or indirect, oral or written, or express or implied) to you with respect to the CG TT or FIT Programs. the CG FIT App, the success, performance, functionality, reliability, or safety of the CG TT or FIT Programs or the CG FIT App, or any such information, communications, content, features, products, or services.  Company expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, quality, accuracy, reliability, and performance), and warranties arising from conduct, course of dealing, custom, and usage in trade with respect to the CG TT or FIT Programs, the CG FIT App, the success, performance, functionality, reliability, or safety of the CG TT or FIT Programs or the CG FIT App, and any such information, communications, content, features, products, and services.  Company does not make, nor has Company made, any affirmation of fact or promise relating to the Site, the App, the Services, the success, performance, functionality, reliability, or safety of the CG TT or FIT Programs or the CG FIT App, or any such information, communications, content, features, products or services that has become any basis of this bargain.  There are no warranties (express, implied or otherwise) concerning the CG TT or FIT Programs, the CG FIT App, the success, performance, functionality, reliability, or safety of the CG TT or FIT Programs or the CG FIT App, or any such information, communications, content, features, products, or services that extend beyond the face of this Agreement.
    2. Disclaimer About Third Parties.  Your dealings and interactions with any other users of the CG TT or FIT Programs and/or the CG FIT App, and/or with any of Company’s vendors or contractors who may operate or provide certain services in relation to the CG TT or FIT Programs and/or the CG FIT App, in any way is done at your own risk; and Company expressly disclaims any and all liability arising from or in connection with, and shall not be responsible for, any acts, errors, or omissions of any such persons and entities.  Company does not control, has not investigated, and does not make any assurances to you or any other person or entity about your skills, abilities, authorizations, reliability, or safety; your experiences with any other users of the CG TT or FIT Programs and/or the CG FIT App; or your experiences with any of Company’s vendors or contractors who may operate or provide certain services in relation to the CG FIT Program and/or the CG FIT App.  Accordingly, you acknowledge and agree that Company has no responsibility or liability to you related to any information, communications, content made by, or any interactions you may have with, any such persons or entities, except as expressly stated in this Agreement; that any such persons or entities may not be skilled, abled, authorized, reliable, or safe individuals; and that, despite such knowledge, you are willing to voluntarily visit, access, and use the CG TT or FIT Programs and the CG FIT App.  There are no warranties (express, implied or otherwise) concerning any such persons or entities which extend beyond the face of this Agreement.
    3. Disclaimer About System Delays.  You understand and acknowledge that the CG FIT App may be subject to limitations, delays, and other problems inherent in the use of third-party communication networks and facilities that are outside of Company’s control.  Accordingly, Company shall not be responsible for any delays, failures, losses, injuries, liabilities, or damages associated with the CG FIT App which result from any system delays, downtimes, interruptions, or other failures of or problems with the CG FIT App which are outside of Company’s control (including, without limitation, scheduled maintenance, or network failure).
    4. Disclaimer About Certain Information, Communications, and Content.  Any opinions, advice, reviews, statements, offers, or other information, communications, or content found on, through, or in relation to the CG TT or FIT Programs or the CG FIT App, in any marketing or promotional materials concerning the CG TT or FIT Programs or the CG FIT App, or made or provided during the course of the CG TT or FIT Programs are those of their respective authors, and not necessarily those of Company, and, thus, should not necessarily be relied upon.  Such authors are solely responsible for the accuracy of such information, communications, or content.  Company does not guarantee, adopt, or endorse the accuracy, completeness, reliability, or usefulness of any such information, communications, or content, even if Company is the author.  Company is not responsible for the accuracy, completeness, reliability, or usefulness of any such information, communications, or content.  Under no circumstances shall Company be liable to you or any third parties for any loss or damage caused by or arising from or in connection with your reliance on any such information, communications, or content.
    5. Disclaimer About Health- and Fitness-Related Statements.  For the avoidance of doubt, no opinions, advice, reviews, statements, offers, or other information, communications, or content found on, through, or in relation to the CG TT or FIT Programs or the CG FIT App, in any marketing or promotional materials concerning the CG TT or FIT Programs or the CG FIT App, or made or provided during the course of the CG TT or FIT Programs should be construed or relied upon in any manner as health, fitness, exercise, medical, nutritional, or dietary advice, diagnoses, prescriptions, opinions, or facts, and are not a substitute for the advice or services of a licensed, competent, and reputable medical professional who is operating in his/her field of expertise and familiar with you and your medical history and condition.  If you have any questions about any of the health, fitness, exercise, medical, nutritional, or dietary issues addressed or referenced in or through any of the foregoing channels, then you should consult with independent, licensed, competent, and reputable medical professional who is operating in his/her field of expertise and familiar with you and your medical history and condition.
    6. Limitation of Liability.  In no event shall Company or any of Company’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors, or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive, or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs, or repair costs) caused by or arising from or in connection with:  (a) your access, inability to access, use, or inability to use the CG TT or FIT Programs or the CG FIT App; (b) the unauthorized access to or alteration of your information; (c) any statements, content, or conduct of any third party on, through, or in relation to the Site, the App, or the Services or made or provided during the course of the CG TT or FIT Programs; (d) any hacking, denial of service attacks, data security breaches, or other third-party conduct that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s), network(s), or User Account; (e) any transmission, download, or infection of any software, system, program, file, process, device, application, or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware, and malware) that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s), network(s), or User Account; (f) the fact that you have relied on any information or content found on, through, or in relation to the CG TT or FIT Programs or the CG FIT App or made or provided during the course of the CG TT or FIT Programs; or (g) any acts, errors, or omissions of any or all third-party providers, if any.  If you are dissatisfied with the CG TT or FIT Programs or the CG FIT App, then your sole and exclusive remedy against Company and/or Company’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors, or licensees is to discontinue your access and use of the CG TT or FIT Programs and the CG FIT App.
    7. No Injunctive Relief.  If Company breaches or otherwise violates this Agreement, then you shall not be entitled to seek or obtain, and you do hereby waive, any type of injunctive relief against the CG TT or FIT Programs and/or the CG FIT App as a result of such breach or other violation.  For the avoidance of doubt, the foregoing limitation on injunctive relief does not limit your ability to seek or recover any monetary remedies authorized by law in the event of any such breach or other violation (except for those which are otherwise expressly precluded by this Agreement).
    8. Limitation of Remedies.  If Company breaches or otherwise violates this Agreement, then in no event shall you be entitled to recover any special, incidental, consequential, speculative, or punitive damages arising out of or in relation to such breach or other violation, even if Company has been notified of the possibility of such damages; and in no event shall Company’s liability under this Agreement exceed the amount of Transaction Fees (as defined in the Terms of Use and Waiver) actually paid and/or payable by you under this Agreement within the six (6) month period immediately preceding the date of such breach or other violation of this Agreement.
    9. Consumer Protections.  The disclaimers and limitations set forth in this section 10 are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.
  10. Waivers, Consents, and Certifications.  You understand, acknowledge, and agree that, by accepting this Agreement, you hereby voluntarily give your full informed consent to use and participate in the CG TT or FIT Programs, and accept any and all risks associated therewith (whether known or unknown now or in the future).  You also understand, acknowledge, and agree that you have been warned about all of the risks and requirements associated with the CG TT or FIT Programs (whether known or unknown now or in the future), including, without limitation, the fact that that your use of or participation in a fitness, exercise, nutritional, dietary, and weight management program may positively or negatively affect or change your health and wellness (including, for example only, degrees of risk associated with your metabolism, your muscular, skeletal, cardio, and/or respiratory systems, degrees of risk associated with your mental or emotional health, abnormal blood pressure, excessive sweating, dizziness, rapid heartbeats, fainting, exhaustion, overheating, heart attack, stroke, and even death). You also understand, acknowledge, and agree that the CG TT or FIT Programs may involve physically demanding and/or strenuous activities, and that you should periodically stop exercising and otherwise participating in any of the Services (or when your body tells to stop) in order to take a break, drink water or other fluids, slow down your level of activity, et cetera.  Finally, you represent, warrant, and covenant to Company that:  (a) you have conducted a thorough investigation of the CG TT or FIT Programs; (b) you are in proper health and physical condition to use and participate in the CG FIT Program (e.g., you do not have a medical support or implant device, such as, for example only, a pacemaker, you are not pregnant, pregnant, and you do not have a medical condition that may exacerbated by your use of or participation in the Services, such as, for example only, a heart condition); (c) you have consulted with an independent, licensed, competent, and reputable medical professional who is operating in his/her field of expertise and familiar with you and your medical history and condition about your ability to use, and the risks associated with your use of and participation in the CG TT or FIT Programs (with such use being by you alone, as well as with the assistance of Company and/or Company’s agent, employee, vendor, or contractor); and (d) you will not use or participate in the CG TT or FIT Programs in any manner that may injure or otherwise affect the safety of yourself or others.  Accordingly, you further acknowledge and agree to waive any and all claims against Company which relate to any physical or emotional injury which may result from your use or participation in the CG TT or FIT Programs.  If you do not, cannot, or will not provide all of the foregoing informed consents, provide all of the foregoing waivers, or adhere to all of the foregoing representations, warranties, and covenants, then you are prohibited from using and participating in the CG TT or FIT Programs in any manner.
  11. User Representations, Warranties, and Covenants.  You represent, warrant, and covenant to Company that:  (a) you are a natural person and of eighteen (18) ears of age or older; (b) you have read and understand this Agreement in its entirety; (c) you have the full right and authority to enter into and abide by the terms and conditions of this Agreement; (d) you understand and acknowledge that by accepting this Agreement you are giving up certain legal rights and remedies; (e) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of this Agreement; (f) you will not violate any applicable international, federal, state, or local laws, which may concern the CG TT or FIT Programs, the CG FIT App, any servers which may host the CG FIT App, or any information, communications, or content found on or through them; (g) Company is not required to seek the permission of or compensate any third party(s) to exercise any of the rights granted by you under this Agreement; (h) no obligation, disability, agreement, or adverse claim exists that may restrict your performance or grant of rights hereunder; and (i) all information you provide to Company in connection with your access, use, or registration of/with the CG TT or FIT Programs and the CG FIT App is truthful and accurate.
  12. Term; Termination; Survival.  This Agreement shall be and remain in effect in perpetuity, unless earlier terminated by Company.  Company may terminate this Agreement and/or your access and use of the CG TT or FIT Programs and the CG FIT App at any time, for any or no reason, and without notice to you (including, without limitation, if Company believes that you have violated or acted inconsistently with this Agreement).  If this Agreement is terminated for any reason, then all rights granted to you under this Agreement shall automatically revert back to Company, and the following shall survive in perpetuity: (a) all defined terms under this Agreement; (b) all rights and privileges under this Agreement which were granted to and/or accrued in favor of Company and/or any of Company’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors, or licensees as of the date of this Agreement’s termination; (c) all payments which accrued as of the date of termination; (d) all disclaimers, limitations of liability, and limitations of remedies; and (e) all representations, warranties, covenants, certifications, releases, indemnifications, and promises made by you under this Agreement.
  13. Governing Law.  This Agreement, the additional terms, conditions, and policies referenced herein, and all disputes, controversies, and claims arising from or in connection with any of the foregoing, your membership, access, use, or participation in the CG TT or FIT Programs and/or the CG FIT App, and/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 in the United States of America and applicable federal law of the United States of America, regardless of its place of execution, its place of performance, and any conflicts of law analysis.
  14. Forum.  Each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state courts in Travis County, Texas, United States of America, and the federal courts in the Western District of Texas, United States of America, for the resolution of all disputes, controversies, and claims arising from or in connection with this Agreement, the CG TT or FIT Programs, the CG FIT App, and/or the Parties’ relationship concerning this Agreement (whether grounded in contract, tort, statute, law, or equity), and agree that neither is an inconvenient venue or forum.
  15. Notice.  Unless otherwise expressly stated in this Agreement, Company may give or deliver all other notices to you by means of a general notice posted on this or a similar page of the Site or the App, as applicable, by e-mail to the e-mail address associated with your User Account, or by posting to your User Account, and such notices shall be deemed effective as of their stated effective dates.
  16. Relationship.  In no event shall this Agreement, the performance of a Party’s rights or obligations under this Agreement, the CG TT or FIT Programs, the CG FIT App, or a Party’s access of, registration with, or use of, or participation in the CG TT or FIT Programs or CG FIT App create any type of fiduciary, franchise, agency, employment, independent contractor, partnership, or joint venture relationship between you or Company.
  17. Several Notes About This Agreement And Apple.  The following addresses certain matters with respect to Apple Inc. (“Apple”) and/or the so-called “Usage Rules” set forth in Apple’s App Store Terms of Service (located at http://www.apple.com/legal/internet-services/itunes/us/terms.html) as of the effective date hereof (“Apple’s Usage Rules”):
    1. Acknowledgement.  The Parties hereby acknowledge that:
      1. this Agreement is between the Parties only and not with Apple;
      2. Apple is not responsible for the CG FIT App or the content thereof;
      3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the CG FIT App;
      4. Apple is not responsible for addressing any claims you or any third party have or may have relating to the CG FIT App or your possession and/or use of the CG FIT App, including, without limitation, (i) product liability claims, (ii) any claim that such CG FIT App fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer production or similar legislation, and (iv) intellectual property infringement claims;
      5. this Agreement’s usage rules for the CG FIT App are not intended to be less restrictive than Apple’s Usage Rules;
      6. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement; and
      7. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary hereof.
    2. Amended Scope of Limited License – The App.  If you download, access, or use the App from or through Apple’s App Store, then the limited license(s) granted to you hereunder with respect to the CG FIT App (see section 5(b) above) is/are hereby amended to add the following restriction:  you may not use the CG FIT App on any device other than the Apple-brand device (e.g., iPhone, iPod Touch, iPad) that you own or control, or in any manner that is contrary to Apple’s Usage Rules.
  18. Contact Us.  If you have any questions about the CG TT or FIT Programs, then please direct any questions you may have about the CG FIT Program or this Agreement to any one of the following:

By mail:        Camp Gladiator, Attn: Customer Service, 9185 Research Boulevard, Austin, Texas 78758, with a subject line of “CG TT or FIT Question.”

 

By e-mail:     Customer Service@campgladiator.com, with a subject line of with a subject line of “CG TT or FIT Question”

 

The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Agreement.

  1. Miscellaneous.
    1. Excused Performance.  Company is hereby excused for any failure to perform under this Agreement to the extent that its performance is prevented by any reason outside of its reasonable control or that may be characterized as a force majeure event.
    2. Assignment and Delegation.  You shall not assign, delegate, or otherwise transfer any of your rights or obligations under this Agreement without Company’s prior written consent in each instance.
    3. Construction and Interpretation.  This Agreement shall be construed to have been drafted by all of the Parties, so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect.
    4. Headings.  Section headings are inserted in this Agreement for reference and convenience only and shall not interpret, define, limit, or describe the scope, intent, terms or conditions of this Agreement.
    5. Severability.  If any term or condition of this Agreement is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and said court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Agreement.
    6. Entire Agreement.  This Agreement, together with those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including, without limitation, the Site’s and the App’s Privacy Policy), constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof; supersedes any prior agreements and understandings, if any, between the Parties with respect to such subject matter; and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.

Last Modified.  This Agreement was last modified on March 14, 2017.

Total Transformation Registration Terms & Conditions

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