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Rock Gym Pro Participant Terms 

Updated September 11, 2025 

THESE PARTICIPANT TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.  PLEASE READ THEM CAREFULLY BEFORE USING ANY OF OUR SERVICES THROUGH FACILITY.  THESE PARTICIPANT TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY USING ANY OF OUR SERVICES THROUGH FACILITY, YOU ACCEPT AND ARE BOUND BY THESE PARTICIPANT TERMS.  IF YOU DO NOT AGREE TO THESE PARTICIPANT TERMS, DO NOT USE OUR SERVICES. 

YOU MAY NOT USE ANY OF OUR SERVICES IF YOU (A) DO NOT AGREE TO THESE PARTICIPANT TERMS OR (B) ARE OTHERWISE PROHIBITED FROM ACCESSING OR USING THE SERVICES.  YOU REPRESENT THAT, IF YOU ARE AN INDIVIDUAL, YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT, OR THAT, IF YOU ARE ENTERING INTO THIS CONTRACT ON BEHALF OF A MINOR, YOU MEET ALL LEGAL REQUIREMENTS FOR DOING SO.  IF YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT THAT YOU ARE AUTHORIZED TO ENTER INTO, AND BIND THAT ENTITY TO, THESE PARTICIPANT TERMS AND TO UTILIZE OUR SERVICES. 

1. GENERAL 

    1. Binding Agreement 

These Participant Terms constitute a binding contract between “you”, an individual or entity, and us, RGP Development, LLC ("RGP," "we," "our," or "us"), and are effective as of your first use of the Services (as defined below) through Facility.  These Participant Terms govern your access to and use of Rock Gym Pro software and/or technology, including the related mobile application (collectively, the “RGP Technology”), to (i) purchase and/or register for products, services, and/or events offered by or through Facility, (ii) view and/or edit your membership and/or participant information with Facility, (iii) review and/or sign digital waivers and/or other legal agreements with Facility, and (iv) otherwise communicate and/or interact with Facility (collectively, the “Services”).  PLEASE READ THESE PARTICIPANT TERMS THOROUGHLY AND CAREFULLY.  BY USING OUR SERVICES THROUGH FACILITY, YOU AGREE TO BE BOUND BY THESE PARTICIPANT TERMS.  IF YOU DO NOT AGREE TO THESE PARTICIPANT TERMS, THEN YOU MAY NOT USE OR ACCESS OUR SERVICES.  If you use the Services on behalf of an entity: (i) you represent and warrant that you have the authority to bind that entity; (ii) your acceptance of these Participant Terms will be deemed an acceptance by that entity; and (iii) "you" and "your'' herein shall refer to that entity, its directors, officers, employees, and agents, as the context requires. 

b. License to Use   

Subject to your compliance with these Participant Terms, RGP grants you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use the Services, in each case, through Facility.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by RGP, its affiliates, or its or their licensors, except for the licenses and rights expressly granted in these Participant Terms. 

c. Modifications to these Participant Terms 

RGP reserves the right, in its sole discretion, to modify these Participant Terms, and any other documents incorporated by reference herein, at any time and without prior notice. RGP will notify you of changes by posting on the RGP website at www.rockgympro.com (the “Website”).  Modifications will become effective upon your continued use of the Services following notice of such modifications.  If you do not agree to any such modifications, you may no longer access or use the Services. 

d. Additional Terms and Policies  

Please review our Privacy Policy, incorporated herein by reference, for information and notices concerning RGP’s collection and use of your information.  Please also review our Website Terms of Use, incorporated herein by reference, for information and notices regarding your use of the Website. 

2. KEY TERMS 

 

  1. “Aggregated Anonymous Data” means any of the following information as has been aggregated with other similar information of other participants, and anonymized so that it does not reveal any personally identifying information or information identifying you: (i) information related to how participants are using the Services; and (ii) information related to the performance of the Services. 

  2. “Applicable Law” means all laws, rules, regulations, rulings, decrees, directives, or other requirements of any governmental authority, and all current industry self-regulatory principles that: (i) apply to the Services; (ii) relate to RGP’s or your rights and obligations under these Participant Terms, as may be amended or otherwise revised; or (iii) apply to the collection, processing, and storage of Personal Information including, but not limited to, California data privacy and European Union General Data Protection Regulation (GDPR) regulations. 

  3. “Claim” means any action, claim, controversy, dispute, proceeding, suit, or other form of litigation of any kind. 

  4. “Facility” means the facility providing products, services, and/or events to you in connection to your use of the Services. 

  5. “Personal Information” means information transferred, stored, modified, communicated, or shared (i) through your use of the Services, or (ii) otherwise provided to or accessed by us for the purposes set forth under these Participant Terms; which, in each case, that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly to, a natural person. “Personal Information” does not include Usage Data. 

  6. “Usage Data” means data and information generated, collected, or derived from your use of the Services, including but not limited to: (i) technical information about device information and identifiers, IP addresses, log files, browser type and version, system configuration, and API calls and responses; (ii) Service interaction metrics such as features and functionalities accessed, frequency and duration of use, user navigation patterns, click-stream behavior, performance metrics, error rates, and system stability data; and (iii) aggregate statistics about Service utilization patterns, resource consumption, user engagement metrics, response times, and system load information 

  7. “Your Data” means all electronic information transferred, stored, modified, communicated, or shared (i) through your use of the Services, or (ii) otherwise provided to or accessed by us for the purposes set forth under these Participant Terms; in each case, including any Personal Information relating to you, or any of your customers, service providers, employees, contractors, recipients, or agents. 

3. YOUR REGISTRATION WITH FACILITY 

In connection with your use of the Services through Facility, you may be asked to provide Personal Information and other data to Facility.  You are solely responsible for all transmissions by you during your use of the Services.  You represent and warrant that any information transferred, communicated, or shared by you in connection with your use of the Services is accurate and complete, and will remain accurate and complete throughout your use of the Services. 

4. DIGITAL WAIVER SERVICE 

If you use our digital waiver service offered through Facility, you represent and warrant that (i) if you are an individual, you are of legal age to enter into a binding contract, or that, (ii) if you are entering into the contract on behalf of a minor, you meet all legal requirements for doing so.  If you use our digital waiver service on behalf of a legal entity, you represent that you are authorized to enter into, and bind that entity to, binding legal contracts. 

You understand and agree that any digital waivers or other agreements signed by you using RGP’s digital waiver service are strictly between you and Facility.  You understand and agree that we do not directly facilitate signatures or otherwise interact with you or Facility in any manner as part of the digital waiver service.  It is your sole responsibility to review these agreements carefully.  You understand and agree that we will have no liability, and you will have no recourse to us whatsoever, with respect to any such agreement, including, without limitation, with respect to any act or omission by Facility under such agreement. 

5. RESTRICTIONS ON USE OF SERVICES 

You will not, and will not permit any third-party to, directly or indirectly: (i) use or access the Services, in whole or in part, except as expressly provided in these Participant Terms; (ii) violate RGP’s Privacy Policy, as updated from time to time; (iii) use the Services in any unlawful manner or in any other manner that could damage, disable, overburden, or impair RGP Technology or the Services; (iv) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Services; (v) (A) interfere with, disrupt, or attempt to gain unauthorized access to the servers or networks connected to RGP Technology or the Services, (B) violate the regulations, policies, or procedures of such networks, or (C) interfere in any manner with the operation or hosting of RGP Technology or the Services; (vi) access, or attempt to access, RGP Technology or the Services by means other than through the means or interface that is provided by Facility; (vii) use automated scripts to collect information from or otherwise interact with RGP Technology or the Services; (viii) use the Services to store, retrieve, transmit, or view any file, data, image, or program that contains (A) any code or material that violates the intellectual property rights of others; (B) any Windows temporary files of any kind (including, without limitation, any *.p or ~*.* files); or (C) any viruses, worms, “Trojan horses”, or any other similar contaminating or destructive features; (ix) alter, modify, reproduce, or create derivative works of RGP Technology or the Services; (x) except as otherwise specifically set forth herein, distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to use or access the Services, or otherwise make your use of or access to the Services, available to any third-party; (xi) use RGP Technology or the Services (A) for the benefit of a third-party, (B) other than for your own purposes, or (C) to build a competitive product or service, including without limitation, internal tools; (xii) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of RGP Technology or the Services; (xiii) remove, obscure, or alter any proprietary rights notices (including copyrights and trademark notices) that may be contained in, or displayed in connection with, the Services; (xiv) use or access RGP Technology or the Services in violation of any Applicable Law; or (xv) undertake any activity or engage in any conduct that is inconsistent with the intended purpose of the Services. 

6. YOUR DATA 

a. Title and Non-Infringement 

You represent and warrant to us that (i) you have all necessary right, title, interest, authorization, and consent necessary to allow Facility to access and use Your Data for the purposes for which you provide Your Data to Facility in connection with your use of the Services, including the transfer, storage, modification, communication, and processing of Your Data, and (ii) that all of Your Data was lawfully acquired and its use in connection with the Services does not and will not constitute an infringement, violation, or misappropriation of the rights of any third-party, including, without limitation, intellectual property rights. 

b. Content Restrictions 

You represent and warrant to us that none of Your Data or the use of Your Data in connection with the Services: (i) violates these Participant Terms or Applicable Law; (ii) is libelous, defamatory, obscene, abusive, pornographic, threatening, harmful, or an invasion of privacy; (iii) is illegal or advocates illegal activity; (iv) is an advertisement or solicitation of funds, goods, or services; (v) is false, misleading, or inaccurate; or (vi) is or could be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message, or disruptive advertisement.  Except as expressly set forth herein, you will be solely responsible for all of Your Data transferred, stored, modified, communicated, or shared by you, or that we may receive, collect, or obtain, in each case, through your use of, or access to, the Services through Facility.  You acknowledge that, to the extent you grant access to Your Data through the Services to any third-party, you are solely responsible for all use of and access to Your Data by such third-party.  We shall have no responsibility for any such activity, or the actions taken or not taken by any third-party to whom you have granted any such use or access.

c. Usage Restrictions 

Except as (i) expressly permitted in these Participant Terms, (ii) requested or approved in writing by you (email to suffice), including in connection with any customer support matters, (iii) in order to provide or improve the Services, including to prevent or address any service or technical problems, (iv) in order to develop and test new features and services, or (v) compelled by law, RGP shall not access or modify Your Data, or disclose Your Data to any third-party. 

d. Use of Aggregated Anonymous Data   

Notwithstanding anything in these Participant Terms to the contrary, RGP may (i) collect and process information to generate and process Aggregated Anonymous Data, and (ii) freely use and make available Aggregated Anonymous Data for the purpose of (A) improving, testing, maintaining, and operating RGP Technology and Services, (B) developing future products and services, and (C) marketing and promoting the Services, and any future products and services, to current and potential customers.  RGP is and shall remain the sole and exclusive owner of all right, title, and interest in and to all Aggregated Anonymous Data, including all intellectual property rights related thereto, and may freely use all Aggregated Anonymous Data, in perpetuity, without compensation or notice to, or approval of, you. 

7. MODIFICATION OR DISCONTINUATION OF SERVICES  

RGP reserves the right, at any time and in its sole discretion, to modify or discontinue the Services, or any part thereof.  You understand and agree that we will have no liability, and you will have no recourse to us whatsoever, with respect to any such modification or discontinuation, including, without limitation, the deletion or loss of Your Data.   

8. INTELLECTUAL PROPERTY 

a. RGP’s Intellectual Property 

i. General   

You understand and agree that your access to the Services is licensed, not sold.  Nothing in these Participant Terms conveys to you any rights of ownership in or related to RGP Technology or the Services, or any intellectual property rights therein, which may include, without limitation, concepts, ideas, methods, methodologies, procedures, processes, know-how, techniques, models, templates, generalized features of the structure, sequence, and organization of RGP Technology or the Services, user interfaces and screen designs, general purpose consulting and software tools, utilities, routines, logic, coherence, and methods of operation of RGP Technology or the Services.  Except as expressly set forth in these Participant Terms, RGP alone (and its licensors, where applicable) will retain all intellectual property rights relating to the RGP Technology and the Services, including, without limitation, any modifications or enhancements thereto, or any derivatives thereof.  For the avoidance of doubt, all licenses granted under Participant Terms with respect to the Services, shall automatically terminate upon the termination of these Participant Terms. 

 ii. Improvements 

You understand and agree that RGP shall be entitled to use and incorporate into RGP Technology and the Services and any future products or services, for you as well as any of its current or future customers, any suggestions, enhancement requests, recommendations, or other feedback provided by you, relating to RGP Technology or the Services (“Improvements”), and RGP shall have no obligations to you for any such use or incorporation.  You agree to execute and deliver, or cause to be executed and delivered, to RGP such instruments and documents, and to take such other actions as RGP may request, for the purpose of evidencing, establishing, documenting, or otherwise supporting RGP’s intellectual property rights in and to any such Improvements, at RGP’s expense. 

9. TERM 

These Participant Terms shall begin with your first access to or use of the Services and shall remain in effect throughout your use thereof.  These Participant Terms shall be of no further force or effect if you are no longer utilizing the Services. 

10. SURVIVAL 

All sections of these Participant Terms, which by their nature should survive the termination of these Participant Terms, shall so survive, subject to any survival periods specified therein. 

11. DISCLAIMER OF WARRANTIES 

The transmission, storage, viewing, and retrieval of data and files through the internet is subject to a variety of conditions that make such transmission, storage, viewing, and retrieval potentially unreliable. ACCORDINGLY, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.  THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RGP DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT).  RGP MAKES NO REPRESENTATION OR WARRANTY: (I) THAT THE SERVICES WILL MEET YOUR NEEDS; (II) THAT ACCESS TO THE SERVICES WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE, OR SECURE; (III) YOUR DATA WILL NOT BE LOST OR DAMAGED; OR (IV) THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.  YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICES IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.   

12. EXCLUSION OF DAMAGES 

IN NO EVENT SHALL WE HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICES OR YOUR LOSS OF DATA OR FILES STORED THEREIN AND YOU HEREBY RELEASE AND HOLD RGP, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, THAT YOU MAY INCUR AS A RESULT OF USING THE SERVICES.  RGP EXPRESSLY DISCLAIMS ANY OBLIGATION OR LIABILITY FOR ANY ACT OR OMISSION BY FACILITY IN CONNECTION WITH YOUR USE OF THE SERVICES OR OTHERWISE. 

13. LIMITATION OF LIABILITY 

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF RGP, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, ARISING FROM OR RELATING TO THESE PARTICIPANT TERMS OR YOUR USE OF THE SERVICES, EXCEED ONE HUNDRED U.S. DOLLARS ($100). 

14. INDEMNIFICATION 

You will defend, indemnify, and hold RGP, its affiliates, and their respective officers, directors, employees, and agents harmless from any Claim, including reasonable attorneys’ fees and costs, made by any third-party (including, without limitation, Facility) due to or arising out of (i) your use of the Services, (ii) Your Data, (iii) any breach of your representations and/or warranties under these Participant Terms, and (iv) any violation of these Participant Terms or Applicable Law by you. 

15. DISPUTE RESOLUTION AND BINDING ARBITRATION 

  1. UNLESS YOU OPT OUT BY FOLLOWING THE PROCEDURE BELOW, YOU AND WE AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE CLAIM WITH RESPECT TO A CLAIM.  OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. 

  2. ANY CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR THESE PARTICIPANT TERMS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.   

  3. The following processes shall govern the arbitration process: 

 

  1. Before commencing an arbitration hereunder, you agree to inform us of the nature of the Claim and the relief you seek by sending an email to legal@togetherwork.com so stating. 

  2. Within seven (7) business days, we will contact you and thereafter you and we will attempt to resolve the Claim in a satisfactory way. 

  3. If, following these attempts at exploring a resolution, you intend to proceed with an arbitration, you and we will seek to reach an agreement on the selection of an arbitrator to hear and decide the dispute and how it will be heard, including whether to submit the dispute to the arbitrator only in written form or by proceedings conducted via video or in-person. 

  4. In the event that you and we cannot agree on an arbitrator, the process set forth in the Delaware Uniform Arbitration Act for the appointment of a single arbitrator (10 Del. C. 1953, § 5704) will be followed. That process allows for a court to select an arbitrator. The arbitration will then proceed and be under the jurisdiction of the arbitrator so selected.  

  5. You may opt out of this arbitration agreement through the following process.  To opt out, you must notify us in writing no later than thirty (30) days after first becoming subject to this arbitration agreement, which is the date you first access or use our Services.  Your notice must include your name, mailing address, and the email address you used when utilizing the Services, and an unequivocal statement that you want to opt out of this arbitration agreement.  Send your notice to: legal@togetherwork.com.  In the event of a dispute between you and us, to invoke your opt-out right, you must retain a copy of your opt-out notice.

     

  1. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the terms of this arbitration provision or these Participant Terms are void, voidable, or otherwise invalid.  The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity.  Any award of the arbitrator will be final and binding on each of RGP and you and may be entered as a judgment in any court of competent jurisdiction. 

  2. RGP and you will share in the cost of the arbitration fees.  Each of RGP and you, respectively, will be responsible for its own attorneys’ fees, but the arbitrator may award reasonable attorneys’ fees to the prevailing party under the standards for fee shifting provided by law. 

  3. If you have informed us of the nature of the Claim and the relief you seek by email to legal@togetherwork.com, and we are unable to resolve the Claim in a satisfactory way, you may elect to pursue your Claim in small claims court rather than arbitration if you provide us with written notice of your intention to do so no later than sixty (60) days from the date on which we receive your email informing us of the nature of the Claim and the relief sought. 

  4. Any arbitration or small claims court proceeding will be limited solely to your individual dispute or controversy. 

  5. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. 

  6. Notwithstanding RGP’s and your decision to resolve all disputes through arbitration, either of RGP and you, respectively, may bring enforcement actions, validity determinations, or Claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). 

16. Force Majeure 

RGP will not be liable for any failure or delay to perform any obligation hereunder due to causes beyond RGP’s reasonable control, including the elements, acts of God, acts of the public enemy and/or terrorism, acts of civil or military authority, fires, floods, epidemics, pandemics, quarantine restrictions, failure or erratic behavior of telecommunications or power systems, sabotage, armed hostilities, and riots. 

17. Severability 

If any provision of these Participant Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law and the remaining provisions of these Participant Terms will remain in effect. 

18. Assignment 

You will not assign any of your rights or delegate any of your obligations under these Participant Terms without our prior written consent.  Any purported assignment or delegation in violation of this provision is null and void.  No assignment or delegation relieves you of any of your obligations under these Participant Terms.  These Participant Terms may be assigned by us without restriction. 

19. No Third Party Beneficiaries 

Except as expressly provided herein, these Participant Terms (i) are entered into by and between, and may be enforced only by, RGP and you, and (ii) will not be deemed to (A) create any rights in third parties (other than each of RGP’s and your respective permitted successors and assigns and any persons or entities expressly entitled to indemnity hereunder), and each of RGP’s and your respective affiliates and their respective officers, directors, employees, and agents, or (B) create any obligations of RGP or you, respectively (nor its affiliates or their respective officers, directors, employees, or agents) to any such third parties. 

20. Waiver 

The failure or delay by us to enforce any right or provision of these Participant Terms will not constitute a waiver of future enforcement of that right or provision, nor will any single or partial exercise of any right or provision by us prevent further exercise of any right or provision or the exercise of any other right or provision by us under these Participant Terms.  The waiver of any right or provision by us will be effective only if in writing and signed by a duly authorized representative of us. 

21. Statute of Limitations 

No Claim, regardless of form, may be brought or asserted by either of RGP or you, respectively (nor its affiliates or their respective officers, directors, employees, or agents) against the other (nor its affiliates or their respective officers, directors, employees, or agents) under these Participant Terms more than one year after the cause of such Claim became known to the potential claimant or should have been known to the claimant based on the surrounding circumstances. 

22. Governing Law, Jurisdiction, and Venue 

These Participant Terms shall be governed and construed in accordance with applicable United States federal law and the laws of the State of Delaware, without regard to conflict of laws principles.  RGP and you, respectively, hereby submit to the jurisdiction of, and waive any venue objections against, the federal and state courts of the State of Delaware for any Claim arising out of or relating to these Participant Terms or the negotiation, validity, or performance of these Participant Terms. 

 23. Relationship of the Parties 

Except as expressly provided under these Participant Terms, we are not a provider of products and/or services to you.  Accordingly, we will have no liability, and you will have no recourse to us whatsoever, with respect to: (i) any products, services, and/or events you purchased and/or registered for from Facility (including, without limitation, requests for refunds); (ii) your membership or membership status with Facility, or any other customer service issue with Facility; or (iii) any digital waivers and/or other legal agreements you have with Facility, regardless of whether such agreements were signed using our digital waiver service. 

 24. Entire Agreement 

These Participant Terms and any other terms posted to our Website with respect to your use of the Services will be deemed the final and integrated agreement between you and us on the matters contained in these Participant Terms.