TERMS & CONDITIONS

These Terms and Conditions govern your use of the services provided by AGWA through its platform, including online services and any content or information available therein. This includes any website pages on which services and/or products are offered by AGWA or the merchants who provide products and services through AGWA. By using AGWA's services, you explicitly agree to these terms and conditions, including any changes or revisions. If you do not agree to these terms and conditions, do not use AGWA's services.

As a condition of using AGWA's services, you agree to periodically review these terms and conditions for any revisions or amendments. AGWA reserves the right to revise these terms and conditions at its sole discretion. Any revisions or amendments will become effective immediately upon posting on the AGWA website ("Site"), and your continued use of AGWA's services following such postings constitutes your acceptance of the changes. AGWA reserves the right to refuse, restrict, suspend, or terminate any member's use of its services at any time without notice for failure to comply with these terms and conditions.

Legal Notice and Disclaimer

You agree to use the Site at your own risk. AGWA, its subsidiaries, agents, employees, officers, or directors do not guarantee that the Site will operate error-free or without interruption. No warranties are made regarding the accuracy of the information on the Site or the products or services offered by any merchant or vendor on the Site. Listing a service, product, or discount does not imply endorsement, recommendation, or sponsorship by AGWA.

All transactions and alleged discounts are solely between you and the merchant or vendor. AGWA is not a party to any transaction, and you should exercise due diligence in investigating, selecting, and transacting with any merchant or vendor listed on the Site. You assume all risks associated with using any merchant or vendor to purchase goods and services and using any coupons or discounts listed on the Site. AGWA shall not be liable for any third-party transactions.

THE SITE, ITS CONTENT, AND ANY MERCHANDISE THEREIN ARE PROVIDED "AS IS." AGWA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. AGWA IS NOT RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO ANY INJURY, LOSS, CLAIM, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITE.

Email Communication

As part of your membership, you will automatically receive email updates from AGWA's discount program unless specified otherwise by your program administrator. You will receive a monthly Spotlight Discount email and periodic updates on offers and program changes. These emails will come from members@americangigworkers.org, unless otherwise specified by your program administrator.

If you do not wish to receive the Spotlight email or other promotional emails, you can opt out at any time using the unsubscribe links within the email. Opting out will permanently remove your email address and exclude you from future notifications of additional benefits, services, and discount offers.
You may also subscribe to Merchant Alert emails through your discount program. Opting out of the Spotlight and other promotional emails will not unsubscribe you from Merchant Alerts. You must manage your Merchant Alert preferences individually within your discount program.

Links to Other Internet Sites

The Site may contain live "links" to other Internet addresses. These external addresses contain information created, published, maintained, and posted by institutions and organizations independent of AGWA. AGWA does not endorse, approve, certify, or control these external addresses and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Use of any information obtained from these addresses is voluntary, and reliance on it should be undertaken only after you independently review its accuracy, completeness, efficacy, and timeliness. Reference to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by AGWA.

Advertising & Affiliate Disclosure

AGWA strives to provide the best discounts possible to its members. AGWA may be compensated by merchants for some preferred offer placements within the program and/or from purchases members may make from those offers.

Indemnity

You agree to defend, indemnify, and hold harmless AGWA and its employees, contractors, merchants, corporate partners, managers, officers, shareholders, agents, and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney's fees, that arise from or relate to (a) your use of and access to the AGWA program, the Site, or any services, information, or products from the Site; (b) your violation or breach of any of these terms and conditions, or your representations and warranties; or (c) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right. This defense and indemnification obligation will survive your involvement in the AGWA program. AGWA reserves the right, in its sole discretion, to assume the exclusive defense and control of any claim for which they or any of the indemnitees listed above are entitled to indemnification. In such an event, you shall pay all fees and costs for such defense and shall provide AGWA with such cooperation at no charge as is reasonably requested to assert any available defenses.

Copyright and Trademark

All materials on the Site are copyrighted by AGWA unless otherwise indicated. All rights are reserved by AGWA, and content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means without prior written permission from AGWA, except as specified below. As a member, you may download pages or other content for your own personal use on a single computer. However, no part of such content may be reproduced, downloaded, disseminated, published, or transferred in any form or by any means without prior written permission from AGWA. Copyright infringement is a violation of federal law subject to criminal and civil penalties.

Arbitration and Jurisdiction

The parties agree to submit any controversy to binding arbitration with the American Arbitration Association. Any controversy or claim arising out of or relating to your involvement in the AGWA program, including but not limited to the use of the Site, shall be submitted to binding arbitration with the American Arbitration Association. This arbitration provision and these terms and conditions are governed by the Federal Arbitration Act ("FAA").

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflicts of law provisions. You hereby submit to the exclusive jurisdiction of the courts of Dallas County, Texas, for any and all litigation arising out of or relating to your involvement in the AGWA program. You waive any objections to the forum of Texas for lack of venue, forum non conveniens, or any other jurisdictional ground.

Should any provision in these terms and conditions be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect.

The language of these terms and conditions shall be construed as a whole according to its fair meaning and not strictly for or against either party. Each party waives the application of the common law doctrine that agreements are to be construed against the party who drafted the agreement.

Health and Wellness Site

AGWA's Health and Wellness site provides health, fitness, and nutritional information for educational purposes only. This information should not replace or be used as a substitute for professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, consult with a physician or other health-care professional. Do not disregard, avoid, or delay obtaining medical or health-related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.
Developments in medical research may impact the health, fitness, and nutritional advice provided here. No assurance can be given that the advice on this site will always include the most recent findings or developments.

If you are in the United States and think you are having a medical or health emergency, call your health-care professional or 911 immediately.
Privacy Policy

By agreeing to these Terms and Conditions, you attest that you have read and agree to the AGWA Privacy Statement (https://americangigworkers.org/terms/privacy), which governs your data privacy rights and how your data is collected and used.

YOU HAVE HAD THE OPPORTUNITY TO READ AND REVIEW THESE TERMS AND CONDITIONS AND AGREE TO THEM FREELY, VOLUNTARILY, AND WITHOUT COERCION.

Last Revised: November 17, 2023