Terms & Conditions
Last updated: November 22, 2022
Please read these Terms and Conditions ("Terms" or "Terms and Conditions") carefully before using timetogowild.com website and the GoWild mobile application ("Service") operated by GoWild Alpha Inc. (“Company,” "Us," "We" or "Our").
Your access to and use of Service is conditioned on your acceptance of and compliance with Terms. Terms apply to all visitors, users and others who access or use Service.
By accessing, downloading or using Service you agree to be bound by Terms. If you disagree with any part of Terms then you may not access Service.
Children Younger 18: Your Parents Must Agree
If you are less than the age of eighteen (18) years, a parent or legal guardian must agree to allow you to use Service, and has agreed to Our Terms on your behalf.
Our Service allows you to post, link, store, share and otherwise make available information, text, graphics, videos or other material ("Content"). You are responsible for Content posted on your account, so it is imperative you never share your login credentials with anyone. While you always own your Content, you do acknowledge that the Company may use screenshots of Service or Content within Service for marketing efforts and your Content may be used in these efforts. Company will not sell the rights to your photos, and will not sell your photos for advertisements to Vendors (as defined below).
However, you acknowledge:
- The Company cannot control what others may do with posted Content within Service and therefore acknowledge that Company is not responsible if any person or entity reposts your Content to its service, another social platform or any other media, including but not limited to print advertising, television advertising, social media accounts, brochures, websites or videos. If you believe your content has been stolen, please email a screenshot of the post and the offending member's name to email@example.com with the subject line "Reported Content Theft." Please provide proof of ownership and a detailed account of what has happened.
- The Company has Gear functionality that allows you to share what products you are using. Your image, name and content may be represented on the product display pages for gear you tag or review. You will not be paid commissions from any gear sold and are not owed modeling rights. By using the platform and tagging Gear, you acknowledge consent. This feature is active for all profiles at all times.
- In order to help other outdoorsmen and women learn, all content is Public when setting up your profile. However, GoWild does offer the ability to go Private. To change this setting, go to your profile settings and tap or click Content Visibility. Your visibility is set to Public by default. You can disable the toggle to turn on Private Content Mode. When Private Content Mode is enabled, links to your content will not be visible to anyone who is not logged into GoWild. If someone is logged in, that member will still be able to see content.
- You will only post content that you have the rights to.
Company is an open community where We value people's rights to differing opinions and perspectives. We respect other people's views and their right to share it and expect you to do the same. You agree that by using Service you will not post Content or take any action on Our Service that attacks other users or their Content, or infringes or violates someone else's rights or otherwise violates the law. If you believe a piece of content violates our terms of service, you can report the post and our team will review within 24 hours. We can and will remove content that violates these rules. Offenders may not receive a warning.
GoWild reserves the right to re-categorize content to a different Trail if it is deemed to be miscategorized. The Company also reserves the right to delete cross-posts that spam multiple Trails. In the event the Company deletes repeat spam posts, we may leave up one post in the most relevant Trail. If you continue to spam and cross-post the same content to multiple Trails, we reserve the right to delete your account. You are not entitled to a warning.
Content - Harassment
Harassment, sexual harassment, intimidation or bullying of Users of the platform is not accepted. Any type of harassment may result in a warning, deletion of content, suspension or deletion of your account altogether. Hate speech of any kind is not tolerated and may result in immediate deletion of your account. Hate speech is defined as "abusive or threatening speech or writing that expresses prejudice against a particular group, especially on the basis of race, religion, or sexual orientation.”
Harassment may also include the bullying of hunters, anglers, or firearms enthusiasts. Chastising members for content that represents legal acts for hunting, fishing or shooting is strictly prohibited. Everyone enjoys the outdoors differently, and we accept and encourage a wide range of content, as long as it's legal behavior (legal methods of take, legal harvesting, legal participation and ownership in and of firearms). Illegal behavior may be removed if reported or discovered by our team, and may result in deletion of your account.
Examples of this type of harassment:
- Bullying someone about the “size” or “age” of a legally taken deer because it is not something you would have taken.
- Bullying someone for legally keeping fish you personally would have not kept.
- Bullying someone over their choice of firearm or bow for hunting or target practice.
If you are being harassed, please report the post. You can also Contact Us at firstname.lastname@example.org, subject: "GoWild Harassment Report." If you believe your account was wrongfully deleted, Contact Us at email@example.com, subject: "GoWild Wrongful Deletion." Please know these accounts cannot and will not be recovered, but we can use the information for future cases. GoWild does not store any deleted data and therefore we can not recover any deleted accounts, whether deleted by the User or the Company.
Content - Theft, Spam, Pornographic, Suspicious
You do not have the right to a warning if you violate this content guideline. If an account is reported numerous times for a single or multiple instances of inappropriate content, GoWild may delete the account. Pornographic content will result in immediate deletion of the account. If you solicit members to contact you outside of the GoWild messaging platform, such as via Google Hangouts or email, your account may be deleted if it is deemed suspicious. If you solicit members to buy crypto currency, your account may be deleted. If your account is using stolen imagery, known spam emails, known spam communication tactics or otherwise suspicious behavior, you will be deleted. Accounts less than 7 days old with any suspicious phishing behavior will be deleted immediately and aggressively. Accounts older than 7 days will be reviewed by an internal team, and still may be deleted if deemed suspicious Posts with misleading or maliciously false information may be taken down. Accounts promoting mass generic or promotional content, via either posts or direct messages, may be deleted without warning; this includes but is not limited to excessive promotion of other social platform links, links to other websites, promoting sponsors or any other behavior GoWild deems unnatural, unsolicited or spammy. GoWild cannot verify or guarantee the truth or quality of any information found on the platform, but the Company does make an effort to remove known maliciously false content, content that may put someone else in harm's way, or content that is intentionally misleading.
Content - Politics
GoWild is not a political platform, but political content is sometimes shared by members of the platform, typically in how it relates to outdoor regulation, conservation, etc. GoWild cannot verify the truth of all political or legal claims. If content is shared and subsequently reported, and that content is found to contain blatant falsehoods or intentionally misleading claims, the content may be removed. Repeat offenses of this type of content may result in the deletion of this user's account.
Just as the platform is for all types of outdoorsmen and women, we are bipartisan in our content rules. GoWild is for social engagement and education as it relates to the outdoors first and foremost, and the outdoors is for everyone. Likewise, political discourse that is civil is not a violation of terms. Repeated offense of politically charged insults and targeted aggressive language at a GoWild member may result in the deletion of content and/or your account. While civil discourse is allowed, excessive chastising, bullying, taunting or name-calling towards someone for their political views is not allowed. You are not entitled to a warning. Political harassment may result in deletion of your account.
Content - Religion
Members are free to share religious beliefs on the platform. Any chastising, bullying, taunting or name-calling towards someone for their religious views is strictly forbidden and is considered hate speech. You are not entitled to a warning. Religious harassment and hate speech may result in deletion of the offending account.
Content - Illegal Behavior
GoWild reserves the right to report illegal activity found on the platform to the proper authorities if someone may be in danger or an animal has been illegally harmed or taken. Examples of such content are: encouraging or coordinating violence, poaching, illegal fishing, or coordinating terroristic acts.
Content - Trophies
You are only allowed to post trophies you personally have taken, or from trips that you personally guided. Hunting and fishing guides are allowed and encouraged to share their Trophies from their guided trips. Parents may share their children's Trophies if the parent personally acted as their guide for that particular Trophy. All other hunters and anglers may only share trophies they personally have taken. You are entitled to share all of your Trophies on the platform, but we do ask you to consider your followers and to avoid more than three posts in an hour to avoid spamming your audience. Uploading Trophies that are not yours will result in the Trophy being taken down or converted to a normal post, which also removes the points for the Trophy. Using fake Trophies to boost your Score will result in immediate deletion of your account and your home address will be banned from claiming future Rewards.
Content - Intellectual Property
If you believe your intellectual property (“IP”) has been stolen through Company's Service, please contact Us at firstname.lastname@example.org with a detailed description of the problem, account that has stolen your IP and a description of that IP. Users who continue to steal and infringe on IP rights will be disabled.
If a user collects information from someone else on Service (examples being photos, captions, etc.) then it is expected that the user will ask for permission, obtain written consent, and make it clear why it wants to use Content. GoWild is not responsible for content stolen from the platform.
Content - “Doxing”
You agree by using Service you will not post anyone's identification documents, home address, phone number, social security numbers, license plate numbers, payment information or other sensitive information on the Service. Posting private information on the platform will result in the deletion of the offending account.
Content - Information Attained
Recipes and hunting tips may be shared on the platform. You acknowledge that Content you find on Service is uploaded freely by users and may or may not be good information in practice. Recipe information is not vetted and you should consider federal recommendations for handling raw meat, cook times and temperatures. Users should also know that hunting tips found from users of Service and Service itself are not guaranteed to be best practice. Users should use their own best judgment when applying knowledge learned through Service. Verify advice given with your state's fish and wildlife agency. By using Service, you agree that the Company is not responsible for any actions you may take as a result of something learned from Service's Content.
Gear Trades & Sales
Company does not facilitate any member-to-member transactions. Any product trading or sales carried out through the platform's direct messages are done at the discretion and best judgement of each user. Company is not responsible for any transaction that may or may not take place, and cannot be held accountable for any accidents, injuries or deaths that are incurred through the sale of products through Service. Users are reminded they should follow all state laws and that state laws vary state to state.
By default, you agree to subscribe to marketing email communications from the company. You may unsubscribe upon receipt of the first email by visiting the footer of the email and clicking “unsubscribe.” These emails could include updates about the app, brand partner advertisements, gear promotions or other notifications.
Your push notifications for the mobile app are controlled by your phone's settings. You can opt in and out of these notifications as you please through your phone's notifications settings.
Company's Intellectual Property Rights
Service is owned and operated by GoWild Alpha Inc. All of the Content (excluding user-generated content on the platform) and is displayed and/or downloadable on this Service, including photographic images, graphic images, text, captions, video, audio-visual files, digital files and software, and all of the features of this Service, including Company's designs, trade dress, logos, pages, audio and/or video material, text, data, information, software, data compilations, digital downloads, icons, programming code, and products or services (collectively, “Company's IP”) obtained from Service is the exclusive property of Company. Company's IP is protected by state, national and international laws, including copyright, trademark, trade dress and other intellectual property laws. All of the Company's IP accessed or downloaded by you (whether or not such access or download was authorized) transfers no right, title or interest in or to Company's IP rights therein. All right, title and interest in and to such Company's IP shall remain the exclusive property of Company. None of Company's IP may be used, copied, displayed, transmitted or otherwise exploited via any means except as expressly permitted herein. Company hereby expressly reserves all rights in relation to Company and Service not expressly granted herein.
For the protection of Company's IP, Company may use electronic measures to protect Company's IP and Service. You agree not to, nor attempt to, disable or interfere with any such measures. Any circumvention or interference with such measures may result in civil and criminal penalties.
The GoWild platform is free to users because of its advertising and ecommerce services. We strive to deliver advertising and sponsored Content that's not just present, but useful. We want members to find the advertisements and sponsored Content on Our Service to be interesting and beneficial. In order to help Us accomplish a better advertising experience, you agree to the following: you give Us permission to use your name, profile photo, public-facing content and information in connection with your Content (such as products you log publicly as your gear or activities you participate in). This means you acknowledge permission for the Company to display your name and/or picture with Content paid for by advertisers without any compensation or royalties paid to you, and likewise allow the company to showcase your profile, content and reviews on product display pages. Again, this is how the service is provided for free.
We do our best to identify paid content and services as advertisements or sponsored. You agree that you understand We may have content that is sponsored.
GoWild's ecommerce functionality is a service the business offers. You acknowledge that if you click out to another retailer or buy from GoWild Directly, GoWild may generate revenue from your purchases. We make commissions off of purchases from our affiliates. GoWild also sells directly. GoWild donates 1% of its ecommerce profits to an outdoor nonprofit.
Custom product uploads are intended for members who want to share their products. It is not intended for brands. Brands cannot upload their products without first agreeing to an affiliate agreement. Brands found to be uploading products without proper affiliate attribution in place for GoWild could result in the deletion of your products. Repeat offenders could face account deletion. For more information about submitting products to GoWild's affiliate model, contact Jacob Knight (jacob at timetogowild dot com). If you have any questions about purchases, visit our FAQ.
If you wish to purchase any product or service made available through Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your full name, billing address, mailing address, credit card number and related information. Your credit card information is not stored with the Company. This information is stored within a third-party vendor (“Vendor”). By making a purchase, you give Company permission to process your card with Vendor's assistance. You acknowledge Company does not store this data or keep a record of it and is therefore not responsible for the database in which it is housed.
Our Service is free, but please be aware that your telephone carrier's normal rates and fees (i.e. text messaging and data charges) will apply as you consume data through Service.
While Company does not offer any subscriptions at this time, you agree that any future subscriptions (“Subscription(s)”) you may sign up for will be billed on a periodic basis, based on your agreement with Company. You will never be opted into subscriptions without your consent.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
Company has no control over, and assumes no responsibility for, content, privacy policies or practices of any third-party websites or services. You further acknowledge and agree Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
Anyone found to be misusing the Rewards within the GoWild platform may have their account deleted and any orders placed with fraudulent codes or gift cards will be canceled. Fraudulent orders may be reported to the authorities.
Trophies, Time Logs and Reviews should be authentic events for you and based on your personal experience. Logging fake activity to build points will result in the deletion of your account. Creating fake Trophies, Time Logs, or leaving fake Reviews to build points will result in the deletion of your account. Fraudulent friend invites to build points will result in the deletion of your account.
Fraudulent activity is defined as but not limited to:
- Stolen images from online used to create Trophies for points
- Excessively tagging gear that is obviously not related to the Trophy
- Logging Time Logs that are obviously fake
- Creating Setups that are clearly not real gear Setups
- Faking referrals
- Repeatedly uploading the same Trophy
If you are deleted from the platform for fraud, your home address will become ineligible for future Rewards. Company reserves the right to charge credit cards for any Rewards that were fraudulent.
Rewards Points / Gifts
The GoWild Rewards Program (“Program”) is offered to current GoWild members at GoWild's sole discretion. The Program is available to individuals for their personal use only. Corporations, associations or other groups may not participate in the Program. Neither accounts nor Program rewards, benefits and/or points may be shared or combined. Only the member paying for the products or taking Program related actions may accumulate rewards, benefits and/or points. Individuals who are residents of the United States (including its territories and possessions) and at least over the age of 18 years or older and who provide and maintain a valid email address are eligible to participate in the Program. The Program is void where prohibited by law.
The Program is a way in which we reward and thank our members for making eligible purchases and/or taking other Program related actions. You are able to earn points and reach Program tiers by making eligible purchases or taking certain other Program actions. Once you reach a certain Program tier, you may be eligible for certain benefits and rewards applicable to that tier, which benefits may change from time to time and may be offered on a limited basis. Visit our FAQs to learn more about earning points and reaching the Program tiers.
Eligible purchases include regular and sale priced merchandise, and the net total will credit towards your points earned, including sales tax, state fees, shipping and delivery charges (if applicable). If you use a gift card or discount code to reduce the price, the reduced price will be the amount that totals towards your points. All points earned from purchases are immediate. GoWild reserves the right to remove points for purchases that are returned or canceled.
Points are awarded solely for the purpose of determining your Program tier level and tier benefits, if any. Points are not redeemable and may never be exchanged for cash or any other thing of value. When you reach a new Program tier based upon points accumulation, you will be notified (through the GoWild app or using the email address associated with your GoWild account) of your eligibility to receive benefits or rewards associated with that Program tier. You must claim any such benefits or reward within thirty (30) days after we notify you of your eligibility. Program benefits and rewards cannot be transferred, delayed, exchanged or returned. Substitutions made by us in our sole discretion may occur.
Rewards, benefits and/or points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Points credited to your Program account will be decreased or reversed, as applicable, if part or all of a purchase is returned or canceled, if the credit is obtained through fraudulent or other activity that violates these Terms or if an activity for which Program points are awarded is later determined not to be qualifying. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited.
We reserve the right to change Program benefits, how you reach each Program tier, how you earn points and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier or point level, the number or types of rewards or benefits you may receive or earn in any given tier or at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof.
The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Program terms, our FAQs, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to claim accumulated rewards or benefits.
We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole discretion. Any suspected abuse of the Program, failure to follow any Program terms, membership inactivity (i.e. no points earned or redeemed) for more than 24 months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Program terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates, may render you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion.
Gift cards are non refundable.
The latest information on how to complete a return with GoWild, visit our return page.
SMS / MMS Mobile Message Marketing Program
GoWild may occasionally offer you early access to our own products or exclusive deals via text. These offers will be infrequent, and only when special product releases or other special offers are in place. Don't worry—we're not going to spam you. But, the government and the attorneys require a lot of language around these programs. In short, if you aren't interested, just opt out on that first text. It's easy. Otherwise, stay signed up as a fun way to find out about new products.
User Opt In: You will be able to easily opt out on the first message. The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. No additional consent is required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that failing to follow opt out instructions may not result in you opting out of the service.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms and Conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys' fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You agree that you are of eighteen (18) years of age and eligible to make any purchases via the platform. You also acknowledge and agree that you are permitted by your jurisdiction's Applicable Law to use and/or engage with the Platform.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us. or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Kentucky before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which GoWild's principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years' experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA's rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys' fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will do our best to let you know.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org