Terms and Conditions

Last Revised: March 1, 2026

1. Who We Are and These Terms

   Thank you for your interest in The Good Game (“TGG,” “we,” “our,” and/or “us”), including our websites, mobile application, marketplace and other services provided by us (collectively, the “Platform”), which are governed by these Terms and Conditions (the “Terms”). For purposes of these Terms, and any of our terms and conditions referenced herein, “you,” “your,” and “user” mean the person accessing the Platform. If you are using the Platform on behalf of a business, you represent to us that you have the authority to bind that business or entity to these Terms, and that the business accepts these Terms.

   PLEASE READ THE FOLLOWING TERMS CAREFULLY:

   BY CLICKING “I ACCEPT” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, AND, AS A CONDITION TO YOUR USE OF THE PLATFORM, YOU AGREE TO BE BOUND BY THEM. YOUR USE OF THE PLATFORM, AND TGG’S PROVISION OF THE PLATFORM TO YOU, CONSTITUTES AN AGREEMENT BY BOTH YOU AND US TO BE BOUND BY THESE TERMS.

   IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE TERMS, YOU DO NOT HAVE OUR PERMISSION TO USE THE PLATFORM AND MUST CANCEL YOUR ACCOUNT AND NOT USE ANY PORTION OF THE PLATFORM.

   MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. THESE TERMS CONTAIN A MANDATORY (BINDING) ARBITRATION PROVISION AND CLASS ACTION AND JURY TRIAL WAIVER CLAUSES. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US REGARDING YOUR USE OF THE PLATFORM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, INCLUDING AS A CLASS REPRESENTATIVE. THE ARBITRATOR’S DECISION WILL BE SUBJECT TO VERY LIMITED REVIEW BY A COURT. YOU WILL BE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. FOR MORE DETAILS, SEE BELOW.

2. Description of the Platform

   The Platform provides a two-way marketplace for users with its primary focus of connecting athletes, coaches, organizations, operators of athletic facilities, and others (“Trainers”) who are able to provide various athletic coaching, training, athletic facilities (“Facilities”), and related instructional services (“Trainer Services”) with individuals and organizations seeking such services and facilities from Trainers (“Customers”). Trainer Services may be offered as one-on-one, small group, team, clinic/camp, or other sessions as appropriate (“Sessions”).

   Trainers who are registered on the Platform can post information such as types of Trainer Services they offer, their availability, their Facilities, and the rates for their Sessions. Customers who are registered on the Platform may book and pay for a Session through the Platform.

3. Additional Terms

   Any other contract, agreement, or arrangement you enter into with us relating to the Platform, as well as any policies, rules, or guidelines applicable to the Platform or certain features of the Platform that we may post on or link to from the Platform or from these Terms (“Additional Terms”) are incorporated into these Terms. In the event of a conflict between these Terms and any Additional Terms, the Additional Terms shall prevail, but only with respect to the matters governed by the conflicting Additional Terms. The provisions of these Terms that are not modified by the Additional Terms shall remain in full force and effect. Certain additional terms that apply to you depending on how you access and use the Platform include:

   • Session Booking and Payment Terms: These terms apply when you book or accept a booking for a Trainer Service Sessions.
   • Trainer Profile Terms: These terms apply when you use your account to access the Platform as a Trainer.
   • Clear-to-Join Program Terms: These terms apply when you sign up for and use the Clear-to-Join Program.

4. Account Terms

   1. Information You Provide to Access and Use the Platform. To access the Platform you must register for an account. When you register for an account or use certain features of the Platform, you will be required to provide us with some information about yourself, such as your name, email address, telephone number, emergency contacts, geolocation data, rates for Trainer Services, education, experience, and other information.You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date. All information we collect as part of the Platform is subject to and further described in our Privacy Policy . By using the Platform, you grant us permission to access, review, analyze, gather, process, and otherwise use and disclose your personal information (including sensitive information) collected through your use of our Platform.
   2. Security Obligations. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform using your username, password, or other security information. You shall bear the entire risk for any use thereof, whether you have authorized such use or not, and whether you are negligent. If you permit other persons to use your computer or mobile device, login information, or any other means to access the Platform, you will be held responsible for any transactions they undertake, and we will not be liable for any damages resulting to you.
   3. Compromise Notification. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you sign out of or exit from your account at the end of each use. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
   4. Right to Disable Access. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms.

5. Your Use of the Platform

   By using the Platform, you agree and acknowledge that your use of the Platform is subject to and governed by these Terms, that these Terms constitute a legally binding and enforceable agreement between us and you, and agree that:

   1. Permitted Uses. You will:
      1. Comply with and be bound by these Terms each time you access and use the Platform;
      2. Only access or use the Platform and transact business with us if you meet the criteria in our “Minimum Age” section and are not otherwise temporarily or indefinitely suspended from using the Platform;
      3. Always act in accordance with the law and custom, and in good faith;
      4. Comply at all times with TGG’s Code of Conduct (available by request: support@tgg.confettidg.com), as it may be amended or replaced from time to time; and
   2. Prohibited Uses. You will not use the Platform in any way that:
      1. Violates these Terms;
      2. Is for any purpose other than the intended purpose of the Platform, consistent with these Terms;
      3. Is meant to contact or solicit Customers or Trainers for any purpose other than obtaining or providing Trainer Services through the Platform;
      4. Is in any way discriminatory when dealing with another user or person;
      5. Changes or alters the Platform or Materials without our express written permission;
      6. Interferes with or induces a breach of the contractual relationships between us and our employees, or Trainers;
      7. Is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
      8. Transmits any advertisements, solicitations, schemes, spam, flooding, unsolicited email and commercial communications, or harmful or disabling computer codes or viruses;
      9. Harvests data from the Platform;
      10. Attempts to gain unauthorized access to our network services;
      11. Interferes with the integrity of the Platform or otherwise impairs or limits our ability to operate the Platform or any other person’s ability to access and use the Platform;
      12. Unlawfully impersonates or otherwise misrepresents, expressly or impliedly, your affiliation or relationship with us or with any other person or entity;
      13. Transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
      14. Dilutes or depreciates our or any of our affiliates’ name and reputation;
      15. Infringes upon our or any third-party’s intellectual property rights or right to privacy;
      16. Unlawfully transmits or uploads any confidential, proprietary or trade secret information;
      17. Uses the Platform for any purpose other than your own personal use as a Customer or Trainer;
      18. Otherwise misuses or negatively impacts the Platform, as determined by us in our sole discretion;
      19. Uses the Platform to misrepresent your credentials, including any licensure, certification, or other qualification; or
      20. Uses the Platform in any way that does not comply with NCAA rules, regulations, and settlement agreements as applicable to you.

6. Minimum Age

   We do not allow users under the age of eighteen (18) (“Minors”) to use the Platform without a parent or legal guardian operating the account or managing a “Minor Account” (defined below). By using the Platform or registering for an account, you represent and warrant that you are eighteen (18) years of age or older or an emancipated minor. It is a violation of these Terms to create an account by misrepresenting your age.

   If you are a parent or guardian with authority to enter into an agreement on behalf of a Minor, you may create a Customer account or Provider account and allow the Minor to access and use the Platform through that account under your direct supervision. If you do allow a Minor to access the account, you consent and agree to enter into these Terms for the Minor’s benefit and agree to be solely responsible for all access to and use of the Platform and the account by the Minor. You may also allow a Minor to create a Minor Account that is managed by your Account.

   1. Minor Accounts. Notwithstanding the foregoing, if a Provider or Customer is a Minor who is 13 or older, they may create a Minor Account. A Minor Account is an account that has limited permissions and that is under the management of their parent or legal guardian’s account. To create a Minor Account, the Minor’s parent or legal guardian must agree to and is hereby agreeing to these Terms for himself or herself and on behalf of the Minor.
   2. Minor Customers. Where a Provider is carrying out a Session with one or more Customers who are Minors, it is a violation of these Terms for the Minor to participate in or for the Provider to allow the Minor to participate in the Session without at least one parent or legal guardian of each participating Minor present and observing the Session for its duration.

7. Intellectual Property

   TGG has created, acquired or otherwise has rights in, and may, in connection with the performance of the Platform, employ, provide, modify, create, acquire or otherwise obtain rights in, various concepts, ideas, methods, methodologies, procedures, processes, techniques (including, without limitation, function, process, system and data models); templates; the generalized features of the structure, sequence and organization of software, user interfaces and screen designs; general purpose software tools, utilities and routines; and logic, coherence and methods of operation of systems; proprietary computer software, libraries, algorithms, materials, products and designs; and know-how used by TGG or its affiliates in providing services (including all copies, enhancements, modifications, revisions, and derivative works of any of the foregoing) (collectively, “Materials”). TGG owns all rights, title and interest in the Materials, including without limitation, all rights under all copyright, patent and other intellectual property laws. To the extent that TGG utilizes any of its property in connection with the performance of the Platform, (a) such property shall remain the property of TGG, and (b) is subject to TGG’s receipt of payment for the Platform, if applicable. Subject to these Terms, we hereby grant you a revocable, limited, personal, non-exclusive, and non-transferable license to use, view, and download the Materials for the sole purpose of viewing them on a stand-alone personal computer or mobile device and to use the Platform solely for your personal use. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the Platform or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit the Platform or Materials in any manner or for any purpose that would constitute infringement of our, our licensors’, or the Platform’s other users’ intellectual property rights. All rights not expressly granted herein are reserved. If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded Materials.

8. User Content

   If you engage in communications through the Platform’s public profiles function, chat function, or otherwise, or provide us with any text, graphics, photos or other materials or content (except for Personal Information as defined under applicable law) (collectively, “User Content”), you agree to the following terms regarding User Content:

   1. User Content Representations and Warranties. You represent and warrant that:
      1. You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, as well as each of their and our respective licensees, successors, and assigns; and
      2. All of your User Contributions do and will comply with these Terms.
   2. Provision of User Content. You agree to provide us with all User Content and information necessary for us to provide you with the Platform.
   3. License of User Content. You grant us a non-exclusive, perpetual, transferable, irrevocable, assignable, royalty-free, fully paid-up, sublicensable right and license to use, reproduce, distribute, create derivative works from, publicly perform, display, store, digitally perform, make or deliver digital audio transmissions, encode, transcode, publish (online, through the Platform, on any other website(s), as well as through mobile channels, and offline, in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize User Content, or any portion thereof, in any manner and context, in any way, in any and all media now known or hereafter developed and on any device(s), whether or not portable, wired, or wireless, without limitation, throughout the universe. You further agree to waive your right to be identified as the author of User Content.
   4. Attribution and Likeness. If your User Content contains your name, (and/or any username), image, likeness, and/or photo (“Likeness”), you hereby grant TGG the right to use such Likeness or to attribute User Content to you until you delete your account on the Platform and terminate these Terms.
   5. Waiver of Claims and Moral Rights. You waive any and all claims with respect to your User Content, including, without limitation, privacy and publicity rights claims or claims of moral rights associated with being the author of User Content, including any right to consent to TGG doing all acts that would otherwise constitute an infringement of your moral rights, and you also waive the right to inspect or approve the finished video, photograph, soundtrack, website, advertising copy or printed matter that may be used in conjunction therewith or to the eventual use in any media that it might be applied. The rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such User Content.
   6. Our Use of User Content. You agree that we:
      1. Are not under any obligation, whether of confidentiality, attribution or otherwise, and will not be liable for any use or disclosure of any User Content;
      2. Are not under any obligation to post, display or otherwise use any User Content;
      3. Are not under any obligation to provide you any compensation for the use or display of your User Content, even if TGG receives compensation from it;
      4. Have the right (but not the obligation) to monitor the User Content that you or third parties post, and to alter or remove any such User Content; and
      5. Have the right to disclose User Content and the circumstances surrounding its transmission to any third party in order to operate the Platform, to protect ourselves and third parties, and to comply with legal obligations or governmental requests.
   7. User Content Standards. By using the Platform, you acknowledge that we are not responsible or liable to you or any third party for the content or accuracy of any User Content. You are prohibited from posting any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws and are solely responsible for your own User Content, and the consequences of posting or publishing it, including its legality, reliability, accuracy, and appropriateness. You represent and warrant that any information you provide to us, to other users, or to visitors, including but not limited to User Content:
      1. Is not false, inaccurate, misleading, obscene or defamatory;
      2. Is not fraudulent;
      3. Does not involve the sale of counterfeit or stolen items;
      4. Does not infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right;
      5. Is yours or you have the necessary licenses, rights, consents, and permissions to such information and to grant the rights and licenses to TGG under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all such information in the manner contemplated in these Terms;
      6. Does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising;
      7. Does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information;
      8. Does not misrepresent your expertise, credentials, licenses, certifications, or other qualifications; and
      9. Is not intended to circumvent or violate these Terms and the lawful functioning of the Platform.
   8. Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Platform (“Feedback”), you hereby grant TGG an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Platform and create other products and services. No compensation will be paid to you with respect to our sublicensees’ use of your Feedback.

9. Monitoring and Enforcement

   1. Monitoring for Prohibited Uses. We have no obligation, but retain the right, to monitor the Platform. The list of Prohibited Uses provides examples and is not exclusive.
   2. Enforcement. If we suspect your use of the Platform or User Content violates these Terms, we reserve the right, with or without notice or cause and for any reason to: (a) remove any or all of the applicable Trainer’s and/or Customer’s information and listings from the Platform; (b) cancel any or all of the applicable Trainer’s and/or Customer’s Sessions or transactions pending through the Platform; (c) withhold any amounts due to the applicable Trainer and/or Customer; (d) place limits on the applicable Trainer’s and/or Customer’s privileges; (e) charge the applicable Trainer and/or Customer for costs, expenses and fees incurred by TGG as a result of the applicable Trainer’s and/or Customer’s actions (including, among other methods, processing charges against the applicable Trainer’s and/or Customer’s credit card or other account information provided to us); (f) temporarily or permanently suspend the applicable Trainer’s and/or Customer’s account; (g) disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including intellectual property rights or privacy.
   3. Referral and Cooperation with Legal Authorities. We reserve the right to take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Platform. We have the right to cooperate fully with any law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone providing User Content on or through the Platform. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
   4. Monitoring Limitations. We cannot consistently monitor all aspects of the Platform or all User Content or Materials before they are posted on the Platform. We cannot ensure prompt removal or amendment of User Content after it has been submitted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

10. Electronic Communications

    1. Electronic Communications. When you use the Platform or send emails, text messages, or other communications from your desktop or mobile device to us, you may be communicating with us electronically. By agreeing to these Terms, you consent to us providing disclosures to you, communicating with you, and otherwise conducting business with you electronically. You agree to use electronic records and signatures throughout the course of our relationship as part of your use of the Platform, and you acknowledge that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You understand that your electronic signature will be binding to the same extent as if you signed on paper with an ink signature.
    2. Email Promotional Communications. We may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in the promotional email itself.
    3. Telephone and SMS Communications. You agree that TGG and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide to us. These calls and messages may include operational calls or messages directly related to your appointment. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. You may opt-out of these forms of communication at any time by changing your preferences or settings. However, you acknowledge that opting out of receiving all messages may impact your use of the Platform. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing calls and texts is not a condition of any purchase on or use of the Platform.

11. Reliance on Information Posted

    The information presented on or through the Platform is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

    This Platform may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, responses to questions and other content, other than the content provided by us, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

12. Third Party Links

    This Platform may link to other websites that are not controlled or operated by us (collectively, “Third-Party Sites”). You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms and conditions, user guides and business practices than ours, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy, terms and conditions and/or user guides. We provide links to the Third-Party Sites as a convenience, and we do not verify, make any representations or take responsibility for such Third-Party Sites, including the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Platform to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation.

13. App Stores

    Where the Platform is provided through mobile application, you acknowledge and agree that the availability of our mobile applications may be dependent on the third party from which you received the application’s license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that these Terms are between you and us and not with the App Store and that we are responsible for the provision of the Platform as described in these Terms. However, if you downloaded the mobile applications from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. These Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict between the terms of the Licensed Application End User License Agreement and these Terms, these Terms will control.

14. Term and Termination

    1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Platform, and ending when terminated as described below.
    2. Termination. If you violate any provision of these Terms, your authorization to access the Platform and these Terms will automatically terminate. In addition, we may, at our sole discretion, terminate these Terms or your account on the Platform, or suspend or terminate your access to the Platform, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time through the Platform or by deleting your account.
    3. Effect of Termination. Upon termination of these Terms:
       1. Your license rights to the Platform and any Materials will terminate, and you must immediately stop using the Platform and Materials;
       2. You will no longer be authorized to access your account or the Platform;
       3. Sections 2, 4.1, 4.2, 4.3, 9, 10.3, 10.4, 10.5, 10.8, 12, 16.3, 17, 18, 19, 20, 21, and 23 of these Terms, and Sections 2, 3, and 4 of the Booking and Payment Terms will survive;
       4. If your account has been terminated for a breach of these Terms, you are prohibited from creating a new account on the Platform using a different name, email address, or other forms of account verification; and
       5. Any upcoming Sessions will be cancelled, and all fees payable by or to you will be distributed in accordance with our Booking and Payment Terms.
    4. Modification of the Platform. We reserve the right to modify or discontinue all or any portion of the Platform at any time, including by limiting or discontinuing certain features of the Platform, temporarily or permanently, without notice to you. We will have no liability for any changes to the Platform, including any paid-for functionalities, or any suspension or termination of your access to or use of the Platform. You should retain copies of any information you submit to the Platform so that you have permanent copies in case the Platform is modified in a way that causes you to lose access to your information.
    5. Modification of Terms. We may change, update, add, or remove provisions of these Terms, and any Additional Terms, at any time by posting the updated Terms on the Platform. We will make commercially reasonable efforts to notify you of any material changes to these Terms or Additional Terms; however, we are not obligated to do so. You waive any right you may have to receive specific notice of such changes to these Terms except for changes to our agreement to arbitration, which is discussed more fully below. By using the Platform after we have updated the Terms, you agree to the then-current Terms. You are responsible for regularly reviewing these Terms.

15. Health Disclaimer

    THE PLATFORM IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT USE THE PLATFORM FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL OR BEHAVIORAL HEALTH EMERGENCY, ARE CONTEMPLATING SUICIDE, OR TAKING ACTION THAT MAY CAUSE HARM TO YOU OR OTHERS, IMMEDIATELY CALL A HEALTHCARE TRAINER, THE SUICIDE LIFELINE 9-8-8 AND/OR 9-1-1. NO LICENSED MEDICAL PROFESSIONAL-PATIENT RELATIONSHIP IS CREATED MERELY BY YOUR USE OF THE PLATFORM. YOU REMAIN SOLELY RESPONSIBLE FOR CHOOSING YOUR OWN PROVIDERS, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE PROVIDER IS SUITABLE FOR YOUR HEALTHCARE NEEDS. THE PLATFORM SHOULD NOT BE DEEMED OR TREATED AS A RECOMMENDATION TO USE A SPECIFIC PROVIDER OR TYPE OF TREATMENT, ENDORSEMENT, GUARANTEE, OR WARRANTY OF THE PROFESSIONAL SERVICES OF ANY PROVIDER WHO RENDERS HEALTHCARE SERVICES. FURTHER, WE SHALL NOT BE RESPONSIBLE FOR ANY MEDICAL SERVICES PROVIDED BY OR FOR YOU, AND, WHERE APPLICABLE, YOU SHALL MAINTAIN ALL USUAL AND CUSTOMARY PROFESSIONAL LICENSES AND MEDICAL LIABILITY AND MALPRACTICE INSURANCE TO COVER THE PROVISION OF HEALTHCARE AND MEDICAL SERVICES.

16. Disclaimers

    Your use of the Platform, including any provision or receipt of Trainer Services, is at your own risk. You acknowledge that TGG has no control over and does not guarantee the accuracy, quality, safety, truth, or legality of any Materials, User Content, or Trainer Services provided on the Platform. You acknowledge that TGG–unless expressly provided otherwise in these Terms–provides a marketing platform and facilitates transactions between Trainers and Customers only and does not itself perform any Trainer Services or offerings.

    1. Disclaimer of Warranties – General. TGG AND/OR OUR THIRD PARTY VENDORS, SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE PLATFORM, MATERIALS, OR USER CONTENT ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. TGG PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE PLATFORM WITHOUT NOTICE. FURTHER, TGG ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE PLATFORM, MATERIALS, OR USER CONTENT. TGG SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE PLATFORM.YOU AGREE THAT YOU ARE USING OUR PLATFORM, MATERIALS, AND USER CONTENT AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TGG (INCLUDING ANY OF ITS SERVICE PROVIDERS AND LICENSORS) MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO OUR PLATFORM, MATERIALS, USER CONTENT, OR THAT TRAINERS OR CUSTOMERS WILL PERFORM AS PROMISED. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
    2. Release. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, AND PROCEEDINGS (WHETHER CIVIL, CRIMINAL, OR ADMINISTRATIVE) AND ALL LIABILITIES, LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), COSTS, OR DAMAGES THAT YOU HAVE OR MAY HAVE IN THE FUTURE AGAINST TGG, ITS AFFILIATES AND THEIR RESPECTIVE PRINCIPALS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELEASEES”). YOU WAIVE ALL SUCH CLAIMS AND AGREE NOT TO BRING ANY ACTION OR SUE ANY OR ALL OF THE RELEASEES FOR SUCH CLAIMS, DEMANDS, ACTIONS, SUITS, AND PROCEEDINGS (WHETHER CIVIL, CRIMINAL, OR ADMINISTRATIVE) AND ALL LIABILITIES, LOSSES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), COSTS, OR DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR ACCESS TO, OR USE OF, THE PLATFORM, TRAINER SERVICES, FACILITIES AND EQUIPMENT, OR PURCHASED SPORTING GOODS, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING OUT OF THE ACTUAL OR ALLEGED NEGLIGENT ACTS OR OMISSIONS OF ANY TRAINER OR ANY OR ALL OF THE RELEASEES. IF YOU ARE DISSATISFIED WITH THE PLATFORM, TRAINER SERVICES, FACILITIES, EQUIPMENT, APP, OR INFORMATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM, TRAINER SERVICES, AND FACILITIES AND EQUIPMENT.

17. Limitation of Liability

    WE CANNOT GUARANTEE THE PLATFORM WILL BE AVAILABLE ONE HUNDRED PERCENT (100%) OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE WEBSITE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SITE ARE UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

    WITHOUT LIMITING ANY OF THE FOREGOING, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR THE PLATFORM, TGG AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED THE GREATER OF (A) AS APPLICABLE, THE TOTAL BOOKING FEES WHICH YOU PAID THROUGH THE PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00).

    IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE PLATFORM, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18. Indemnification

    You agree to indemnify, defend and hold harmless us and, to the extent applicable, our subsidiaries and affiliates, and each of their and our respective directors, officers, shareholders, employees, agents, representatives, clients, contractors, and third-party service providers, for any and all losses, claims, demands, actions, liabilities, fines, penalties, and expenses (including reasonable legal fees) that may arise from any of your acts through the use of the Platform. Such acts may include, but are not limited to: (a) providing content to or communicating with us or, to the extent applicable, our subsidiaries or affiliates; (b) unauthorized use of material obtained through the Platform; (c) engaging in a prohibited activity; (d) any other action that breaches these Terms; (e) your provision or use of Trainer Services, Facilities, purchased sporting goods; (f) your access to, use of, or inability to use the Platform or information or content included on the Platform; or (g) your violation of any law or the rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

19. Injunctive Relief

    You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, without prejudice to any other rights and remedies that may be sought under the mandatory arbitration provision of these Terms, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. For purposes of this Section, you agree that any action or proceeding regarding such injunction restraining order shall be brought in the state or federal courts located in Kansas. You consent to the jurisdiction of such courts and waive any objection to the laying of the venue of any such action or proceeding in such courts. You agree that service of any court paper may be effected on you by mail or in such other manner as may be provided under applicable laws, rules of procedure, or local rules.

20. Mandatory Arbitration

    Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “Questions” section below.

    In the event we are unable to resolve a dispute, and with the exception of claims for injunctive relief by us as described above and to the extent allowed by law, you agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of the use of the Platform, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. Claims also include, except as otherwise provided herein, disputes related to the coverage, applicability, arbitrability, enforceability, formation, scope, or validity of these Terms, including this Arbitration provision, all of which shall be subject to the sole power of the arbitrator as described herein. Notwithstanding anything else herein, the enforceability of the Class Action Waiver shall be determined by a court. In addition, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction, provided the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. If you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.

    THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

    You and we agree that your use of the Platform involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (“FAA”) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (a) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (b) the applicable statutes of limitations; and (c) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

    If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party at the notice address provided herein, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.

    If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court, and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.

    If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.

    Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar Claims (including yours) are asserted against us by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you and we agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply. You agree to this process even though resolution of your Claim may be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Claims, streamline procedures, address the exchange of information, modify the number of Claims to be adjudicated, and conserve the parties’ and the AAA’s resources. If your Claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Claim from the time that your Claim is first submitted to the AAA until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

    Stage One. In Stage One, if at least fifty (50) Claims are submitted as part of the Mass Arbitration, claimants’ counsel and TGG will each select an equal number of Claims to be filed in arbitration and resolved individually by different arbitrators. For example, claimant and TGG will each select 25 Claims (50 Claims total). The number of Claims to be selected to proceed in Stage One can be modified by agreement of counsel for the parties provided that, if there are fewer than 50 Claims, all shall proceed individually in Stage One. The remaining Claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of the first stage. After this initial set of proceedings, the parties must engage in a single mediation of all remaining Claims, and we will pay the mediation fee.

    Stage Two. If the parties cannot agree how to resolve the remaining Claims (if any) after mediation, claimants’ counsel and TGG will each select an equal number of Claims per side—not to exceed 50 Claims total—to be filed and to proceed as cases in individual arbitrations as part of Stage Two. The number of Claims to be selected to proceed as part of Stage Two can be modified by agreement of counsel for the parties provided that if there are fewer than 50 Claims remaining, all shall proceed individually in Stage Two. The remaining Claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of the second stage. After Stage Two is completed, the parties must engage in a single mediation of all remaining Claims, and we will pay the mediation fee.

    Upon the completion of the mediation in Stage Two, each remaining Claim (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Claims in individual arbitrations consistent with the process set forth in Stage Two (except Claims shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Procedures for Mass Arbitration and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Procedures for Mass Arbitration apply to your Claim and are not enforceable, then your Claim shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms.

    Notwithstanding anything to the contrary in these Terms, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the Terms) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in these Terms to which you agreed will continue to apply to you and us as if no amendments were made.

    If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Platform, and any other actions with us.

    You may reject this arbitration provision within thirty (30) calendar days of accepting the Terms by emailing us at support@tgg.confettidg.com and including in the subject line “Rejection of Arbitration Provision.”

21. DMCA Notice

    1. Notice. If you are a copyright owner or an agent of a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing TGG’s Copyright Agent with the following information in writing, (pursuant to 17 U.S.C. 512(c)(3)):
       1. The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
       2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
       3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit TGG, the service provider, to locate the material;
       4. Information reasonably sufficient to permit TGG to contact you, such as an address, telephone number, and if available, an email address;
       5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
       6. A statement, under penalty of perjury, that the information in the notification is accurate that you’re authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. Counter Notice. You must provide notice of claimed infringement to TGG’s designated Copyright Agent at 205 Running Ridge Road, Lawrence, KS 66049 and by email: support@tgg.confettidg.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice containing the following information to the Copyright Agent at the address(es) listed above:
       1. Your physical or electronic signature;
       2. Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
       3. A statement that you have a good faith belief that the User Content was removed or disabled as a result of a mistake or a misidentification; and
       4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the United States District Court, District of Kansas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

       If TGG’s Copyright Agent receives a counter-notice, TGG may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at TGG’s sole discretion.

22. Miscellaneous

    1. Federal and State Laws. The Platform is operated from the U.S. and is intended for U.S. residents only. The Platform is not approved for distribution outside of the U.S. and non-U.S. residents should not rely or act upon the information contained within. When using the Platform or when using any materials or content provided by us, you must obey all applicable U.S. federal, state, and local laws.
    2. Notice. Unless specifically stated elsewhere in these Terms, any legal notices shall be deemed delivered to TGG if sent to 205 Running Ridge Road, Lawrence, KS 66049 or to you if sent to your email address on file with us. Notice by us to you shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to the physical address you have on file with us. In such case, notice shall be deemed given three (3) calendar days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.
    3. Merger. These Terms (which hereby incorporate by reference any other provisions applicable to use of the Platform) constitute the entire agreement between you and us and supersede all prior or contemporaneous communications, promises and proposals, whether oral, written, or electronic, between you and us with respect to the Platform and information.
    4. Severability. If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, it shall be deemed stricken from these Terms in its entirety, and the remainder of these Terms shall survive with the offending provision eliminated.
    5. Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules, and the United States of America. Except as set forth in the agreement to arbitration and without waiving it, you agree that any dispute arising from or relating to the subject matter of these Terms (including if you opt-out of the agreement to arbitration) shall be governed by the exclusive jurisdiction and venue of the state and federal courts located in or near Douglas County, Kansas, USA, except where jurisdiction and venue are mandated by applicable assignment.
    6. Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. We may freely assign our obligations and rights under these Terms, including all personal information in our possession that we have collected during your use of the Platform as further described in our Privacy Policy.
    7. No Waiver. No failure, omission or delay on our part in exercising any right under these Terms will preclude any further exercise of that right or any other right under these Terms.
    8. Headings. Provision and section headings are provided for convenience only and shall not affect the interpretation of these Terms.
    9. No Support. We are under no obligation to provide support for the Platform. If we choose to offer support, it will be subject to published policies.

23. Questions

    If you have any questions or comments about these Terms, any Additional Terms, or the Platform, please contact us by email at support@tgg.confettidg.com. You also may write to us at:

    • 3705 Clinton Parkway
      Building B
      Lawrence, KS 66047