Flow Movement Terms and Conditions
Last Update: June 2023
Welcome to Flow Movement LLC, a Colorado sate limited liability company (referred to as "Flow Movement", "we", "our", or "us") offering health and fitness content, information, services, and products via the website www.flowmovement.net and any other website, channel, application, mobile feature, and/or platform we operate (collectively, the “Site”).
Please review the following terms and conditions (the “Agreement”) thoroughly as it outlines your rights and responsibilities and is a legally binding agreement between you (the “User”, “You”) and Flow Movement.
If you do not agree to the terms of this Agreement or any applicable product or program terms, then you are not permitted to access or otherwise engage with the Services.
1. AGREEMENT
This Agreement governs your access to and use of the Site and any products or services available through Flow Movement now or in the future (collectively, the "Services").
By accessing the Site and/or creating a user account, clicking “I Agree”, providing electronic or physical signature of a Waiver, Participant Agreement, License Agreement, or by using, engaging with, or otherwise accessing the products and services offered by Flow Movement, either in-person or remotely, you are acknowledging that you have read, understood, and agree to be bound by and comply with this Agreement.
It includes by reference:
Flow Movement’s Privacy Policy, Participant Agreement, Marketing Program Terms,
Additional terms and conditions, which may include those from third parties; and,
Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, data processing agreements, etc…
By accessing or using our Services you agree that:
You are at least 18 years of age or have obtained parental/guardian consent;
You can form a binding contract with Flow Movement;
You are not a person who is prohibited from receiving the Services under the laws of the United States, England, Wales, or any other applicable jurisdiction; and
You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including import and export regulations.
If you are engaging with the Services on behalf of an entity, partnership, client, or other organization the term “you” will refer to you, your company, or your client and you represent that you:
Are an authorized representative of that entity with the authority to bind that entity to this Agreement and,
Such entity agrees to be bound by this Agreement.
2. THE SERVICES
2.1 Description of the Services
The Services include but are not limited to online and/or in-person content, workshops, teacher trainings, coaching services, digital and physical products and merchandise, licensed intellectual property, as well as any updates, new releases, or additional products and services made available through Flow Movement.
2.2 Availability
From time to time, certain products may be made available on the Site with limited stock. Availability for these items is not guaranteed. If items are not available by the time of your purchase, you will be notified by an out of stock indicator. If items are not available by the time your order processes, we will notify you of this via the contact information provided by you and ensure any payments made are properly refunded.
2.3 Merchandise
For items that require shipment, a shipping confirmation email will be sent once your items have shipped.
Please note that for certain products and/or services, we have tried to accurately display the colors of products. However, the actual colors you see will depend on your monitor and may not be representative of the actual product colors.
3. RIGHTS AND RESPONSIBILITIES
Flow Movement and you shall be mutually bound by the terms of this Agreement and both parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Absent breach by you of any of the terms and conditions contained within the Agreement, and unless otherwise expressly permitted by Flow Movement, you are granted a limited, personal, non-transferable, non-sublicensable, revocable license to access our Site and, in connection with any product or program terms, use the Site, and, as permitted, to electronically view, copy (except where prohibited without a license), and print to hard copy portions of the Site Materials.
However, in no case whatsoever shall you:
Use any data mining, scraper, spider robots, or similar data-gathering or extraction methods to access, monitor, or copy any Site Materials or other content or information used by the Site;
Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
Modify copies of any materials obtained from the Site;
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text or without express authorization from Flow Movement;
Harvest or otherwise collect information about others, including email addresses; violate the restrictions in any robot-exclusion headers on the Site or bypass or circumvent other measures used to prevent or limit access to the Site;
Reverse engineer or alter the Site or the Site Materials or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
Deep-link to any portion of the Site for any purpose, unless expressly authorized in writing by Flow Movement;
“Frame,” “mirror,” or otherwise incorporate any part of the Site into any other website, unless expressly authorized in writing by Flow Movement;
Transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material; any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by the Agreement;
Link to the Site from any website that is unlawful, abusive, indecent, or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Flow Movement’s sole discretion;
Attack the Site or any portion thereof via a denial-of-service attack or a distributed denial-of-service attack;
Attempt to bypass methods Flow Movement may use to prevent or restrict access to the Site;
Disguise the origin of the information transmitted through the Site or to Flow Movement;
Submit false or misleading information to Flow Movement;
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure or adversely affects the performance or function of the Site or any other computer systems or networks used by Flow Movement;
Use the Site or the Site Materials other than for their intended purpose and as expressly permitted by the Agreement;
violate any applicable laws or regulations; or
otherwise attempt to interfere with the proper working of the Site.
Further, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through our Site any of the following material or information:
any message, data, information, text, music, sound, photos, video, graphics, code, or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
material that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, federal, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the Nasdaq Stock Market;
material that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; material that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
unsolicited promotions or political campaigning; or private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, or credit card numbers.
Any use of the Site or Site Materials not expressly permitted by the Agreement is a breach of the Agreement and may violate copyright, trademark, and other laws. If you wish to make any use of material on the Site other than as set out in this section, please contact: licensing@flowmovement.net.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Site Materials, except as follows:
your computer may temporarily store copies of the Site / Site Materials in Random Access Memory (RAM) incidental to your accessing and viewing those materials; you may store files that are automatically cached by your web browser for display enhancement purposes;
you may print or download one copy of a reasonable number of pages of the Site and where we provide you access and downloadable documents on the Site, for your own personal or business use and not for further reproduction, publication, or distribution; or
if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal or business use, provided you agree to be bound by any applicable end-user license agreement for such applications.
Access to certain areas of our Site may be restricted. Any access to or use of the Site or the Site Materials other than as specifically authorized in the Agreement, without our prior written permission, is strictly prohibited and will terminate the license granted in the Agreement and any Subscription Agreement or payment plan you have with us. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes.
We reserve the right to restrict access to areas of our Site, or indeed the whole Site, at our discretion. We reserve the right to revoke your authorization to access or use the Site if we believe in good faith that you have violated the Agreement or any laws whatsoever.
Unless explicitly stated in a License Agreement, nothing in the Agreement or any product or program terms you have with us will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The license granted by the Agreement is revocable at any time.
You acknowledge and agree Flow Movement may conduct an audit of all your records that pertain to the Site within the scope of the license granted herein at any time with respect to information or records available to us based on your interaction with us, or in person, provided that we give you reasonable notice of said audit and conduct said audit during standard business hours between 8:00 a.m. to 5:00 p.m. or as otherwise agreed by you and us.
4. PAYMENT
Payment and pricing terms for the portions of the Site, products, or Services offered that require payment are specified during checkout, or as otherwise set forth by us from time to time (collectively, the “Payment Agreement”). They may include one-off payments, subscriptions, or payment plans as may be made available at the time of purchase.
By entering into a Payment Agreement you agree to pay Flow Movement all fees indicated, any other fees for additional Services you may purchase, and any applicable taxes in connection with your access to or use of the Site and the Services made available by Flow Movement.
All fees charged by Flow Movement are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties excluding taxes based solely on Flow Movement’s income.
Unless otherwise provided for in the applicable product or program payment terms, all payments for any paid Site products, Services, or features made available to Users, are due within thirty (30) days of the billing date.
All payments due will be charged on the day you sign up for the Services or enter into a Payment Agreement for the Services and will cover access to or use of the Services for a specified period as indicated by the applicable product or program payment terms. Payments are made for the upcoming billing cycle and are due upon the first day of purchase of the Services.
You will be billed for the relevant services, access, or content, as applicable, until the period of your Payment Agreement ends, you properly terminate your subscription (and corresponding User Account, if any), or if Flow Movement terminates your Subscription Agreement and/or User Account.
Consistent with other provisions in the Terms, Flow Movement is not obligated to issue refunds, except as otherwise stated by us in applicable product or program refund policies. Your termination may be made effective immediately or may take effect at the end of the billing cycle for the then-current term and will be determined at the sole discretion of Flow Movement.
We will bill the fees due under your Payment Agreement or for any other agreed-to products or Services to the credit card or other payment option you provide to us or select during registration (or to a different credit card or payment option if you change your payment information) or the payment process. You acknowledge that the amount billed, including for each renewal term, may vary due to promotional offers, changes in the subscription or Site, changes to our standard pricing, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.
You also authorize your credit card issuer, bank, or payment service to pay any amounts described herein and associated with your User Account and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account, bank account, or payment service account until you or we terminate your Subscription Agreement as provided herein or these amounts are paid in full, whichever is later.
You represent and warrant that you are authorized to use such credit card, bank, or payment service for the purpose of purchasing such subscriptions, products, or Services from us. You further authorize us to store your credit card, bank, and/or payment service information.
At the beginning of each billing cycle, Flow Movement will make attempts to charge the applicable fee to the credit card, bank, or payment service on record. If we are unable to process the payment due, Flow Movement may contact you to update your billing information or may choose to terminate, effective immediately, the relevant subscriptions, products, or Services, and your access to them.
You must also promptly update all billing information to keep your User Account and Registration Data current, complete, and accurate, and you must promptly contact Flow Movement if your credit card or other relevant account information is lost, stolen, compromised, or if you become aware of a potential breach of account security. You authorize us to obtain or determine updated or replacement expiration dates for your credit card or other payment method in the event that such, as you provided to us, expires or is terminated. We reserve the right to charge any renewal card or payment method issued to you to the same extent as the expired or terminated card or payment method.
If payment is not received from your credit card issuer, bank, or payment service, you agree to pay all amounts due upon demand. You also agree to pay all costs of collection, including attorneys’ fees and costs, on any outstanding balance. Unless otherwise stated, all fees are quoted in U.S. Dollars.
Use of the Site requires internet access and may require certain software (fees may apply), and may be affected by the performance of these, and other, factors. You agree that these requirements are your responsibility. The Site is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Site.
4.1 Subscription Services
You do not have to set up a User Account with Flow Movement to access or use most of the information available through the Site.
However, from time to time, Flow Movement may make certain products, Services, or Site content available via a subscription plan (the “Subscription Services”) as will be indicated during product or program checkout.
Access to Subscription Services may require the User to create a User Account and is governed by the terms and conditions set forth upon purchase of the Subscription Services.
If any portion of the Site requires you to open a User Account, you must be thirteen (13) years of age or older, or obtain parental/guardian consent, and complete the registration process by providing Flow Movement with current, complete, and accurate information, as prompted by the applicable registration form or process.
By creating a User Account and/or entering into a Subscription Agreement, you represent and warrant that any information that you submit to us is true and accurate and that you are thirteen (13) years of age or older, or have parental/guardian consent, and are fully able and competent to enter into and abide by these Terms and/or the terms of the Subscription Agreement. Some jurisdictions may have different minimum age requirements and you agree to comply with the relevant minimum age requirements in your jurisdiction. You further agree to (a) provide accurate, current, and complete information about you as may be prompted by any signup, login, subscription, and/or registration forms within our registration process (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current, and complete; (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us; and (e) notify us immediately of any unauthorized access to or use of your User Account or any other breach of security by emailing us at help@flowmovement.net. Access to or use of the Services is void where prohibited.
4.2 eGift Cards
From time to time, Flow Movement may offer Users eGift Cards which may be used to purchase any merchandise on the Site. Treat and safeguard your eGift Card like cash as Flow Movement is not responsible for lost or stolen eGift cards.
Purchase or use of Flow Movement eGift Cards constitutes acceptance of the Agreement.
When you make a purchase with your Flow Movement eGift Card, the value of your purchase plus any shipping/handling fees and sales tax, if applicable, will be deducted from your eGift Card balance.
Flow Movement eGift Cards are non-refundable, are not redeemable for cash, cannot be replaced if lost, stolen or destroyed and cannot be resold or transferred for value, except where required by law.
Once a Flow Movement eGift Card is activated it is not transferable to anyone else. Flow Movement eGift Cards do not have activation charges, or service fees.
Flow Movement reserves the right to close customer accounts and request alternative forms of payment if a fraudulently obtained eGift Card is redeemed on purchases through the Site.
Flow Movement eGift Cards cannot be used to purchase other Gift Cards.
Promotions and other special offers may not be used to purchase eGift Cards.
Flow Movement eGift Cards are only available in pre-set denominations.
Your Flow Movement eGift Card never expires.
4.3 Coupons
Flow Movement may offer discount codes (”Coupons”) to apply at the time of purchase for Services made available on the Site. The following terms apply:
Coupons are valid for a limited time only.
Flow Movement reserves the right to modify or cancel Discount Codes at any time.
Coupon codes are only valid until specified expiration date or number of uses. After expiration items remaining in cart will no longer qualify for the discount offer.
Coupons may only be applied to qualifying items or percentage off purchases displaying the coupon offer. The coupon offer will not be valid until it is applied to the qualifying item.
Online coupon or discount codes will be honored for purchases made in store but must be used at time of purchase and cannot be applied to a previous purchase or service
Certain promotions are limited to one coupon per customer.
Promotional coupon codes may not be combined with other discounts or sales incentives unless otherwise agreed upon by Flow Movement or its representatives.
If you return any of the items purchased with a coupon, the coupon discount or value may be subtracted from the return credit.
Applicable shipping and handling charges apply to all products. Offer good while supplies last.
Void where prohibited.
Flow Movement has no obligation for payment of any tax in conjunction with the distribution or use of any coupon.
You are required to pay any applicable sales tax related to the use of the coupon.
Coupons are void if restricted or prohibited by law.
5. FREE TRIAL OPTIONS
Certain aspects of the Site or Services may begin with or have an optional free trial period, and/or a ramping up period where you are able to explore the scope of the Site or services offered under the Payment Agreement without charge (“Free Trial”). Not all of the Site or Services may be available during a Free Trial period. We reserve the right to determine if you are eligible for a Free Trial and to discontinue any Free Trial without notice for any or no reason. We also reserve the right to modify, cancel, and/or limit a Free Trial without notice at any time.
Each Free Trial and/or subscription term will begin on the start date as set forth in the Payment Agreement or as otherwise set by Flow Movement (or at the end of your Free Trial) and will continue for the term length as set forth in the Payment Agreement. Your subscription will automatically renew unless you or we terminate pursuant to the Agreement.
The renewal terms will be for additional terms equal to the expiring subscription term and on or in connection with the current Terms and the provisions of your Subscription Agreement, subject to the renewal pricing provided for in your Subscription Agreement or, if not specified in your Subscription Agreement, on standard pricing as may be available through our Site. You are responsible for all fees related to your initial term as well as any renewal terms.
If you wish to upgrade your subscription level or certain portions of such, please contact help@flowmovement.net or via your User Account. Upgrading your subscription may require a new Subscription Agreement to be executed. Any discounts applied to a previous subscription or an initial term may not apply to a renewed subscription, including to any automatic renewals.
6. CANCELLATIONS, REFUNDS, AND RETURNS
To request a refund or return, please contact help@flowmovement.net. Depending on the Payment Agreement entered into and the product or service selected at the time of purchase you may be eligible for certain refunds and returns subject to the following conditions.
6.1 Product and Merchandise Returns
If for some reason you are not 100% satisfied with your merchandise Flow Movement will accept returns for unworn items with tags still attached for store credit within fifteen (15) days from the shipping date.
To request a return, contact help@flowmovement.net and a Return Authorization Form will be provided to you. For international returns, amounts refunded will be minus the cost of one-way shipping. For domestic (US) returns, Flow Movement will cover the cost of shipping. Please allow one to two (2-3) weeks for returns to process.
6.2 DIY Course Refunds
Flow Movement is not obligated to provide refunds for DIY courses by may depending on the nature of your request.
6.3 Group Programs, Teacher Trainings, and In-Person Events
If You would like to cancel Your spot in a Flow Movement group program (online, in-person, or hybrid online/in-person), workshop or in-person event, you may be eligible for a full or partial refund depending on the number of days before the program start date that a a refund/cancellation request is submitted:
Greater than 90 days prior to the event start date: 100%
within 89-60 days of the event start date: 60%
within 59-30 days of the event start date: 30%
Less than 30 days from the event start date: No refund provided
For active payment plans canceled before the course start date, Flow Movement will immediately cease future payments and refund existing payments according to the periods described above.
6.4 Workshops
If You would like to cancel Your spot in a Flow Movement workshop (online, or in-person), you may be eligible for a full or partial refund depending on the number of days before the program start date that a a refund/cancellation request is submitted:
within 7 days of the event start date: 100%
Less than 7 days from the event start date: No refund provided but you may find someone to sell your ticket to as long as they email info@flowmovement.net
For active payment plans canceled before the course start date, Flow Movement will immediately cease future payments and return any payments made subject to the above periods.
6.5 Refunds for Subscription Services
Subscriptions may be canceled at any time.
Refunds for subscriptions are only granted if the refund is requested within seven (7) days of the billing start date of your subscription period.
If at any time a coupon or discount was applied to start a Subscription Service, or if you have participated in the Free Trial option, no refund will be granted
6.6 Mentorship Programs
If You have would like to cancel Your spot in a multi-month Flow Movement mentorship program you may be eligible for a full or partial refund depending on the number of days before the program start date that a a refund/cancellation request is submitted:
Greater than 7 days: 100% refund
Less than 7 days from the program start date: No refund provided
If you cannot complete a Mentorship Program due to extenuating circumstances, you may contact help@flowmovement.net to request an extension of 1 year from the program start date to complete your mentorship sessions.
6.7 Additional Refund and Cancellation Terms
If an event is cancelled by Flow Movement for any reason, a full refund shall be provided.
If You believe your request to cancel is due to extenuating circumstances, You may contact Flow Movement to request personal consideration by emailing help@flowmovement.net.
Pending review of your request, you may be eligible for a waiver of the cancellation fee, a refund greater than the amounts indicated in the applicable section, or equivalent in-store credit.
Refunds, for whatever reason, if available for the product or service ordered, may take place using the same method of payment you chose during the check-out procedure. Flow Movement, including any of its authorized vendors or affiliates, will not be responsible for any delays or conditions beyond its control, including without limitation delays caused by the method of payment/refund or those attributable to the card issuer or payment service.
7. CHANGES
Flow Movement reserves the right, at any time, to change, modify, alter, or update our Site, the Agreement, any policies, and the Services we offer at any time without notice to reflect changes in our practices or to keep current with relevant laws or industry standards.
We also retain the right to create limits on your use and storage of User Content (defined below) at our sole discretion at any time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services to you or to users in general and may not provide you with prior notice.
We may attempt to notify any registered users of material changes by sending an email to the email address you most recently provided us in your User Account (defined below), profile, or registration (unless we do not have such an email address), and/or by posting notice of the changes on the Site.
Your access to and/or use of the Services will be subject to the most current version of the Agreement posted on the Site. We recommend that you check the Site from time to time to inform yourself of any changes in these Terms, and stay apprised of any other Policies that may be applicable. You are solely responsible for reviewing and becoming familiar with any modifications to the Agreement.
Should Flow Movement permanently stop providing Services or the Site, you may terminate your use, User Account, and/or Payment Agreement pursuant to the termination process set forth in the Agreement.
At any point leading up to the start of an event, You may transfer Your registration to another participant by notifying Flow Movement in writing of the new participant’s name and contact information to help@flowmovement.net.
8. PERSONAL INFORMATION
Maintaining the privacy of your personal information is important to us and how we process this information is described in Flow Movement’s Privacy Policy and any applicable privacy statements provided with the Services or on the website for the Services. By accessing the site or using the Services, you agree to the applicable privacy statement, and any changes published by Flow Movement.
You agree that Flow Movement may use and maintain your data according to Flow Movement’s Privacy Policy, as part of the Services. You give Flow Movement permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Flow Movement services. For example, this means that Flow Movement may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare practices with other users.
9. USER CONTENT
The Site may now or in the future allow users to select, input, upload, and share information and data in connection with the Site or to access the Services and may allow you or other users to post, link, store, or otherwise make available a wide variety of information, text, and/or other materials in connection with use of the Site or portions of it (collectively, “User Content”).
As a provider of services that may in certain ways be interactive, we are not liable for any statements, representations, User Content, or Advertiser and Corporate Partner Content provided by users in any form whatsoever in connection with the Site. Although we have no obligation to screen, edit, or monitor any of the User Content or Advertiser and Corporate Partner Content posted anywhere in connection with the Site, we reserve the right, and have absolute discretion, to remove, screen, or edit any User Content and Advertiser and Corporate Partner Content connected to the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
9.1 You are Responsible for Your Content
You are solely responsible for your use of any User Content or User Content featured and you agree that your use of such User Content is at your own risk.
By posting any User Content, you represent and warrant that you own and control all of the rights to the User Content that you post, or that you otherwise have the lawful right to distribute and reproduce such User Content and to grant Flow Movement the license for the User Content described below and that your use and posting of such User Content does not violate this Agreement, any policies on the Site, any Payment Agreements, or any other agreements you have with us, and will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for any third party.
By selecting and/or posting any User Content, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Site any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent, or otherwise objectionable (as determined in our sole discretion);
User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or violate any local, state, national, or international law;
User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that inappropriately provides private information of any third party including addresses, phone numbers, email addresses, Social Security numbers, health or location information, or similar information;
User Content that, in our sole discretion, is objectionable or which restricts or inhibits any other person from using and/or benefiting from our Site, including, without limitation, User Content that contains or installs any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
User Content that is spam, is machine- or randomly-generated, contains unethical or unwanted commercial content, furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing); or
User Content that attempts to disrupt the Site or Services.
We take no responsibility and assume no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.
9.2 Flow Movement May Use and/or Remove Your Content
We do not own the User Content you post on or otherwise select or submit to the Site, but in posting and/or otherwise submitting User Content to the Site, you grant us an irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content and any information, data, or other material generated through the use of the Services on or in any and all media (now known or hereafter developed) to perform and provide Services or for our own business purposes in accordance with our Privacy Policy.
You also hereby grant each user of the Site a non- exclusive license to access your User Content and any information, data, or other material generated through the access to or use of the Site, and to access, use, reproduce, distribute, prepare derivative works of, display, and perform such User Content and information, data, or other material generated through access to or use of the Site and under these Terms.
We may monitor use of the Site by all of our customers or visitors and use the data gathered in an aggregate and anonymous manner. You agree that we may use and publish such information, provided that such information does not incorporate any of your personal information and/or identify you.
10. ELECTRONIC COMMUNICATIONS
By accessing the Site and submitting to us your contact information, you consent to receiving electronic communications from us. Such communications may include notices about your User Account and information concerning or relating to the Site. You agree that any electronic notices, signatures, acknowledgements, transfers, agreements, disclosures, or other communications will satisfy any legal communication requirements, including any requirements that such communications be in writing.
11. TERMINATION
Flow Movement may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity or unauthorized access issues to protect the integrity of our Services or systems and comply with applicable Flow Movement policy; if you fail to comply with this Agreement; if you no longer agree to receive electronic communications; or, simply for convenience.
Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Flow Movement’s rights to any payments due to it. Flow Movement may terminate a free service at any time. Sections 4 through 15 will survive and remain in effect even if the Agreement is terminated.
You are solely responsible for properly closing any User Account or terminating any Subscription Agreement you may have with us if you no longer desire to pay for or use the relevant subscriptions, products, or Services.
Written notice of termination by either you or us must be sent at least forty-eight (48) hours prior to your renewal date, or pursuant to the terms of any User Account or product or program terms, and such termination becomes effective at the end of the then-current subscription term. Termination is not available during any designated free trial period.
To close your User Account or terminate your Subscription Agreement, please email us at help@flowmovement.net or as otherwise indicated by Flow Movement from time to time. Suspension, amendment, or termination does not relieve your obligation to pay amounts due and owing to Flow Movement.
If you do not amend your subscription to another subscription, upon terminating your Subscription Agreement or any User Account you have with us, you will immediately lose all access to the relevant subscriptions, products, or Services and any data or information stored within your User Account or associated with the cancelled Subscription Agreement.
If you upgrade or downgrade your Subscription Agreement, your credit card or other payment provider as indicated in your User Account information may be immediately charged for the new subscription fees as stated in your new Subscription Agreement. Any downgrading of your subscription becomes effective at the end of your then-current subscription term, and may cause the loss of User Account content, features, or capacity. Flow Movement disclaims liability for any such loss.
Upon suspension or termination for any reason, Flow Movement will cease providing the suspended or terminated Services; Flow Movement shall delete or confirm you have deleted all copies of any relevant Flow Movement software or data from your webpage(s) or computers; any outstanding balance you owe to Flow Movement will become immediately due and payable and any collection expenses incurred will be included in the amount owed; you will not be entitled to any refunds of any subscription fees or any other fees, unless expressly agreed by Flow Movement; and all of your historical report data will no longer be available to you through Flow Movement.
You understand and acknowledge that, unless and until all Flow Movement software and data is deleted from your webpage, computers, or User Account, we may continue to track data on an automated basis. Upon termination, you agree to discontinue all use of the Services, and to delete any Confidential Information (as defined herein) in your systems within one hundred eighty (180) days after the effective date of termination.
Flow Movement may terminate or suspend your access to use the Site, and block or prevent your future access to and use of the Site, without prior notice or liability, if you breach this Agreement, or for any other reason.
12. THIRD-PARTY SERVICES
The Site allows (or may in the future allow) you to select, input, upload, and share information and data in connection with and through designated user accounts maintained by you on certain third-party social media platforms or via third parties for services (together, “Third-Party Services”).
The Site allows (or may in the future allow) you to access Third-Party Services using the Site to post, link, message users of Third-Party Services, or otherwise act on a wide variety of information accessed by the Site and originating from user accounts on Third-Party Services, and to collect data and generate reports based on these activities (collectively, “User Materials”).
You are solely responsible for User Materials and acknowledge and agree that where applicable, access to and use of the Services via Third-Party Services is governed by the terms and conditions and policies of the Third-Party Service provider.
By accessing Third-Party Services through the Site or by using the Services, you represent and warrant that you have the lawful right to access such Third-Party Services, and that the creation, distribution, and reproduction of the User Materials complies with the terms applicable to the Third-Party Services. You shall ensure that your use of the Site, including access to or use of User Materials with the Site and Third-Party Services, does not contain code, files, content, or programs that may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, by introducing viruses or similar code into the Site, hosted systems or servers, or systems or servers maintained by providers of Third-Party Services accessed through the Site. Flow Movement is not responsible for any loss or damage to User Materials. You assume all risks for the User Materials and are solely responsible for protecting and backing up the same.
The Site may also contain links to sites, third parties, or content not under the control of Flow Movement. By accessing Third-Party Services and/or links, you acknowledge and agree that Flow Movement does not assume, and expressly disclaims any and all, responsibility for the sites and/or content of any page or material not of the Site. Links to third-party websites on the Site are provided solely as a convenience to you. Flow Movement has not reviewed these third-party websites, and does not control and is not responsible for any such sites or content displayed thereon. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk, and the inclusion of any third-party link on the Site does not imply any endorsement or guarantee whatsoever by Flow Movement of such third-party site. If you have questions or concerns about any Third-Party Services or material available through such, you may contact us at help@flowmovement.net. Once you link to a third-party site, you are subject to the terms of use and privacy policy of such site.
13. DISCLAIMER OF WARRANTY
THE SITE, THE SITE MATERIALS, AND ALL USER CONTENT, OTHER SUBMISSIONS, AND OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITE AND THE SITE MATERIALS ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER AND YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. TO THE EXTENT THAT ANOTHER PARTY MAY HAVE ACCESS TO OR VIEW CONTENT ON YOUR DEVICE, YOU ARE SOLELY RESPONSIBLE FOR INFORMING SUCH PARTY OF ALL DISCLAIMERS AND WARNINGS IN THESE TERMS.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST FLOW MOVEMENT, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WITH RESPECT TO THE SITE, GOODS OR SERVICES PROVIDED BY US, THE SITE MATERIALS, AND THE USER CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
FLOW MOVEMENT EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA LOSS, NON-INTERFERENCE OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPRIETARY RIGHTS, THE PERMISSIBILITY OF THE SITE IN YOUR JURISDICTION, THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY, AND PERFORMANCE OF THE SITE, THE SITE MATERIALS, AND ANY THIRD-PARTY SERVICES, LINKS, OR USER CONTENT.
FLOW MOVEMENT AND OUR SUPPLIERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH THE SITE OR RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR ANY USER CONTENT, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR ANY USER CONTENT AND DOES NOT WARRANT THAT THE SITE, THE SITE MATERIALS, OR ANY USER CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL NOT BE LOST OR THAT THE SITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SITE, AND NO WARRANTIES WILL APPLY AFTER SUCH PERIOD.
14. PROFESSIONAL ADVICE DISCLAIMER
The material on the Site and provided through the Services is for educational purposes only, and you should not rely on, nor does it replace professional medical advice, counseling, diagnosis, or treatment. For purposes of this Agreement, the practice of medicine and counseling includes but is not limited to, physical therapy, sports medicine, psychiatry, psychology, psychotherapy, or providing health-care treatment, instructions, diagnosis, prognosis, or advice. Flow Movement makes no representations or warranties that the site will meet your personal or professional needs, or that we will continue to support any particular feature of the site. Do not disregard, avoid, or delay obtaining medical or health-related advice from your health-care professional because of something you may have read or viewed on the site. The use of any information provided on the site is solely at your own risk. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional.
Participation in fitness activities via the Site and/or Services involves strength, flexibility, aerobic, cardio, and other exercises, including the use of equipment, all of which can be potentially hazardous activities. By participating in these activities, you acknolwedge and agree that you have read and accept the terms of Flow Movement’s Participant Agreement.
15. LIMITATION OF LIABILITY
BY USING THE SITE OR ENGAGING WITH THE SERVICES YOU: (A) ACKNOWLEDGE AND AGREE THAT YOU ARE VOLUNTARILY PARTICIPATING IN FITNESS ACTIVITIES PROVIDED VIA THE SITE; (B) HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PHYSICAL HARM, OR DEATH; (C) ACKNOWLEDGE AND REPRESENT THAT YOU ARE PHYSICALLY SOUND AND DO NOT SUFFER FROM ANY ILLNESS, IMPAIRMENT, DISEASE, OR OTHER CONDITION THAT WOULD PREVENT YOU FROM PARTICIPATING IN FITNESS ACTIVITIES, PERFORMING ANY EXERCISES, OR USING ANY EQUIPMENT; AND (D) KNOWINGLY AND VOLUNTARILY, ON BEHALF OF YOURSELF AND YOUR HEIRS AND ASSIGNS, FOREVER WAIVE, RELEASE, DISCHARGE, AND HOLD HARMLESS FLOW MOVEMENT AND ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, INDIVIDUALLY AND COLLECTIVELY, FROM ANY AND ALL LIABILITY, DAMAGES, LOSSES, SUITS, DEMANDS, CAUSES OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHER CLAIMS OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOSSES FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH, ARISING OUT OF OR RELATING IN ANY WAY TO YOUR PARTICIPATION IN THE FITNESS ACTIVITIES PROVIDED VIA THE SITE.
YOU AGREE, AT YOUR SOLE EXPENSE, TO DEFEND, INDEMNIFY, AND HOLD US, OUR INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, AND CONSULTANTS, AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AND AGENTS, HARMLESS FROM AND AGAINST ANY AND ALL ACTUAL OR THREATENED SUITS, ACTIONS, LEGAL PROCEEDINGS, JUDGMENTS, AND ANY OTHER LEGAL CLAIMS, DAMAGE AWARDS, OR OTHER COMPULSORY PAYMENT OR PERFORMANCE OF ANY KIND ARISING OUT OF, RESULTING FROM, ATTRIBUTABLE TO OR IN ANY WAY INCIDENTAL TO (A) YOUR ACCESS TO OR USE OF THE SITE AND/OR THE SITE MATERIALS; (B) YOUR CONDUCT; (C) YOUR VIOLATION OF THE AGREEMENT; (D) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD-PARTY; OR (E) ANY USER CONTENT POSTED BY YOU. FLOW MOVEMENT IS NOT LIABLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR FAILURE TO COMPLY WITH YOUR OBLIGATIONS IN THIS AGREEMENT OR FROM UNAUTHORIZED ACCESS TO OR USE OF YOUR USER ACCOUNT OR THE SERVICES.
16. ADS AND PROMOTIONS
Flow Movement may now or in the future allow advertisers and corporate partners to post content on the Site and provide links to sites and content of third parties (collectively the “Advertiser and Corporate Partner Content”) as a service to those interested in this information. These advertisements may be targeted to users based on information provided while registering for a User Account, through use of the Site, through queries made through the Site, or based on other information. We do not control, endorse, or adopt any Advertiser and Corporate Partner Content and we make no representation or warranties of any kind regarding the Advertiser and Corporate Partner Content. The types and extent of advertising by Flow Movement on the Site are subject to change. You acknowledge and agree Flow Movement may access and use data and information received or generated through your access to or use of the Site to identify other potential users of the Site, demonstrate the capabilities of the Site, and/or pursue additional marketing and promotional activities using such. You further agree that we may send you messages, alerts, and other communications through the Site, including via email, web alert, text messages, push notifications, and other similar means, in accordance with the preferences you may set through the Site, and you agree to accept such messages, and pay any applicable network access, data usage, or similar fees.
If we offer promotions, they will be subject to additional terms and conditions to which you must agree before entering (the “Marketing Program Terms”). The Marketing Program Terms are considered part of these Terms and therefore part of the binding legal agreement between you and us. Please read the Marketing Program Terms carefully before entering.
17. PROTECTION OF INTEREST
The Site and Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Site and/or Services for the purposes described by Flow Movement. Flow Movement reserves all other rights in the Services. Your access to or use of the Site grants you no right or license to reproduce, or otherwise use any Flow Movement or third-party trademarks except as may be made available to you in the applicable product or program terms. All goodwill generated from use of Flow Movement’s marks will inure to our exclusive benefit. Other company, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Flow Movement. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Flow Movement grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
In your use of or access to the Site and/or Services you agree not to use, nor permit any third party to use the Services or content in a manner that violates any applicable law, regulation, or this Agreement. You agree you will not:
Provide access to or give any part of the Services to any third party except otherwise allowed for by product and service offerings.
Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
Make the Services available on any file-sharing or application hosting service.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, access to the Site for users who we have deemed, in our sole discretion, to be repeat infringers. We may also, at our sole discretion, limit and/or terminate access to the Site for any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to the Site for any users for reasons of our own discretion, that we are not obligated to reveal, at any time.
If you believe that anything on our Site infringes upon any copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Compliance Officer
Flow Movement LLC, 1601 29th St. Suite 1292 #1306,
Boulder, Colorado 80301
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
18. GOVERNING LAW AND APPLICABLE VENUE
These Terms and your use of the Site will be governed by and construed in accordance with the laws of the State of Colorado, applicable to agreements made and to be entirely performed within the State of Colorado, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this Agreement or your access to or use of the Site will be filed only in the state and federal courts located in Colorado and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms and/or your access to or use of the Site.
Recognizing the global nature of the internet and the rapid changes around online privacy, you agree to comply with all local rules regarding online conduct and acceptable content. Without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the U.S. or in the country in which you operate or reside and to comply with any other local laws affecting the Site.
19. ENTIRE AGREEMENT
This Agreement, including the Additional Terms below and any policies or operating rules posted by us on this site or any terms provided with products or services provided by Flow Movement, is the entire agreement between you and Flow Movement and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act does not apply to this Agreement. Flow Movement’s Services are controlled by U.S. Export Regulations, and may not be exported to or used by embargoed countries or individuals.
20. ADDITIONAL TERMS
20.1 Use With a Mobile Device
Use of these Services may be available through a compatible mobile device and may require internet access and up-to-date software. If you do use a mobile device to access the Site, you are subject to the terms of your agreement with your mobile device manufacturer and carrier. You may incur charges from your mobile carrier for accessing the Site and You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. Flow Movement does not warrant, represent, or guarantee that its Site and/or the Services will be available on Your mobile device.
Flow Movement makes no warranties or representations of any kind, express, statutory or implied as to:
The availability of telecommunication services from your provider and access to the services at any time or from any location;
Any loss, damage, or other security intrusion of the telecommunication services; and
Any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services.
20.2 Cross-Border Data Transmission
Flow Movement is headquartered in the United States of America (“U.S.”) and all of its primary data storage and processing facilities are in the U.S. If you are accessing the Site from another country, please note that all data collected will be transmitted outside of your country and into the U.S., where it will reside and be processed. In addition, your data may pass through or be temporarily stored or processed in countries beyond your country and the U.S. By continuing to access the Site, you explicitly consent to have your data so transmitted and stored. Please review our Privacy Policy to see what types of data we collect, transmit, process, and store.
20.3 Compliance with Laws
We will strive to comply with all U.S. state and federal laws in our provision of the Services. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request. You will comply with all laws in your use of the Site, including any applicable export laws.
20.4 Headings and Capitalization
The headings of the sections contained in this Agreement and any capitalization of letters are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of these Terms.
20.5 Survival
In addition to the terms identified to survive termination, all provisions of the Agreement which, by their nature, are intended to survive its termination or expiration, shall survive its termination or expiration.
20.6 No Waiver
No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
20.7 Notices
Any notice required or permitted to be given in accordance with these Terms will be effective if it is in writing and sent by fax, email, U.S. mail, or insured courier, return receipt requested, to the appropriate party using the contact information noted in the Agreement or in any applicable agreement or polciy between the parties. Either you or we may change its address for receipt of notice by notice to the other in accordance with this Agreement. Notices are deemed given two (2) business days following the date of mailing or one (1) business day following delivery to a courier or sending an email or fax.
20.8 Disputes
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Colorado law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND FLOW MOVEMENT ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Flow Movement LLC, in care of our designated agent
Arbitration Officer
Flow Movement LLC, 1601 29th St. Suite 1292 #1306,
Boulder, Colorado 80301
Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules, but if you are unable to pay any of them, Flow Movement will pay them for you. In addition, Flow Movement will reimburse all such fees and costs for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous. Likewise, Flow Movement will not seek its attorneys' fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section shall survive expiration, termination or rescission of this Agreement.
20.9 Assignment
You will not assign or transfer any of your rights hereto without our prior written consent. However, Flow Movement may assign our rights or obligations to an affiliate or a successor by merger, reorganization, sale of all or substantially all of our assets, change of control, or operation of law, or to any third party we choose without your consent.
20.10 Force Majeure
A party will not be liable to the other should its performance under this Agreement be prevented, restricted, or interfered with by circumstances or events beyond its reasonable control (“Force Majeure Event”), provided that the effected party uses its best efforts to resume performance promptly at the end of the Force Majeure Event.