Terms and Conditions

Terms of Use

Last Modified: April 2023

These Terms of Use, including any policies, rules and other terms that are expressly incorporated herein by reference (collectively, these “Terms”), set forth a legally binding agreement between you (“you” or “your”) and Cross Fit Paragon (“CrossFit Paragon,” “we,” “us,” or “our”). These Terms govern your use of our website located at http://www.crossfitparagon.com/ (the “Site”), and any content, information, products or services made available on or through the Site (collectively, the “Services”). Please read these Terms carefully before using the Site or any of the Services.


ARBITRATION NOTICE: SECTION 24 (DISPUTE RESOLUTION) OF THESE TERMS CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO A COURT HEARING AND JURY TRIAL. YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE READ SECTION 24 (DISPUTE RESOLUTION) CAREFULLY.

1. ACCEPTANCE OF TERMS

By accessing or using the Site or the Services, or by clicking to accept these Terms when this option is made available to you, you accept and agree to be bound by these Terms. In addition to these Terms, your access to and use of certain portions or aspects of the Site, or your ability to access and/or use certain Services, may require you to accept additional terms and conditions, including, without limitation, CrossFit Paragon standard membership policies and any applicable membership agreement(s) and/or waiver(s) for your applicable studio(s) (collectively, “Additional Terms”). The Additional Terms are hereby incorporated and made a part of these. Terms by this reference.

 

THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES. BY USING THE SITE AND/OR ANY OF THE SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE OR THE SERVICES.

2. AGE REQUIREMENTS

You must be at least the age of majority in your state of residence, and fully able and competent to enter into and abide by the terms and conditions of these Terms, in order to access and use the Site and the Services. Individuals under the age of majority are not eligible to use the Site or the Services and may not submit any personal information to us. You acknowledge and agree that your ability to access and/or use certain Services may require a minimum age that is higher than the applicable age of majority. By accessing or using the Site and/or the Services, or by clicking to accept these Terms when this option is made available to you, you represent and warrant that you are at least the age of majority in your state of residence, are legally entitled to enter into these Terms, are legally able to enter into any and all purchase agreements with us and our partners, vendors, agents and service providers, and have the right, authority and capacity to enter into and abide by the terms and conditions of these Terms.

3. MODIFICATION TO THESE TERMS

We may amend or modify these Terms at any time. We will e-mail you or post a notification on the Site in the event of any material changes to these Terms. Such changes, whether in the form of modifications, additions or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Site. Please check these Terms periodically for changes. Your continued use of the Site and/or the Services following our posting of any changes to these Terms means that you accept and agree to those changes.

4.PRIVACY POLICY

Your personal information and privacy are important to us. Our Privacy Policy governs the processing of all personal data collected from you in connection with your use of the Site and/or the Services. The Privacy Policy and its terms and provisions are hereby incorporated and made a part of these Terms by this reference. You must agree to the Privacy Policy in order to use the Site and/or the Services.


All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators and providers of the Text Message services.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes.

5.ACCESSIBILITY

CrossFit Paragon is committed to helping those with disabilities access the Site and/or Services. We strive to provide an excellent online experience for all our guests – including those with sight, hearing and other disabilities. If you have difficulty using or accessing any element of the Site or the Services or if you have any feedback regarding accessibility of the Site or the Services, please feel free to contact us at nate@crossfitparagon.com or (404) 556-5885.

6.MOBILE SERVICES

Certain of the Services are available via a mobile device. To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Services, may be prohibited or restricted by your carrier, and not all Services may work with all carriers or devices. You agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device.

7. Messaging & Call Consent

You agree to receive automated calls or texts from or on behalf of CrossFit Paragon at the phone number(s) you have provided, only when you have provided prior express consent, including where required through a clear, affirmative opt-in action (for example, checking an unchecked consent checkbox on a website form). Consent to receive marketing/promotional texts is not a condition of purchasing products or services from us. Where offered, you may be able to separately consent to transactional messages and marketing/promotional messages.

8. SMS Subscription Cancellation

You can cancel the SMS service at any time. Simply text “STOP” to the number or messaging thread. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us unless you re-subscribe by opting in again.

9. SMS Support & Assistance

If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to (404) 556-5885 or nate@crossfitparagon.com.

10. Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages.

11.Message Rates & Frequency

As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency may vary.

12. Wireless Provider & App Store Terms

For questions about your text plan or data plan, contact your wireless provider. For privacy-related inquiries, please refer to our Privacy Policy.

 

To the extent these Terms provide for usage rules applicable to an application that are less restrictive than, or otherwise conflict with, the terms of service of the application store (“App Store TOS”) from which the application was purchased, the more restrictive or conflicting provision in such App Store TOS will govern and apply.

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