Flow Research Collective Terms of Service
Last Updated: January 27, 2023
IMPORTANT: PLEASE READ THE FOLLOWING TERMS OF SERVICE (INCLUDING ANY TERMS INCORPORATED HEREIN BY REFERENCE, THE “TERMS” OR “TERMS OF SERVICE”) CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT USE THE SERVICE (AS DEFINED BELOW) OR ANY OF THE SERVICES, CONTENT, FEATURES OR FUNCTIONALITY AVAILABLE THROUGH IT. BY ACCESSING OR USING THE SERVICE OR ANY OF THE AVAILABLE SERVICES, CONTENT, FEATURES OR FUNCTIONALITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO CONSENT TO THESE TERMS IN THEIR ENTIRETY AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND FULLY ACCEPT AND AGREE TO ALL OF THESE TERMS. PLEASE PRINT AND KEEP A PAPER COPY AND/OR RETAIN AN ELECTRONIC COPY OF THESE TERMS FOR YOUR RECORDS.
Welcome to Flow Research Collective, an organization dedicated to peak performance research and training. The FRC website and services offered by FRC, including all websites, platforms and other interactive properties through which such services are delivered (collectively, the “Service”) are owned, operated and distributed by and on behalf of Flow Research Collective Training, Inc. a Nevada corporation (“FRC,” “we,” “us,” or “our”). By accessing any part of the Service, you are agreeing to the Terms. If you do not agree to any of the Terms, you should not use the Service. These Terms of Service apply to all users, including both users who are simply viewing content available via the Service and users who have registered as members of FRC. For purposes of these Terms, all references to “coaches” and “participants” herein refer to those respective roles as defined by the Service. All users of the Service may be referred to herein as “you”.
We may, at our sole discretion, modify these Terms at any time by posting a new version of these Terms on our website and updating the “Last Updated” date at the top of the page. By accessing the Service at any time after such modifications, you are agreeing to such modifications. We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice. You agree that by registering, accessing, or using the Service, you are agreeing to the Terms as a legally binding contract with us. If you do not agree to these Terms, do not register for, access, or otherwise use the Service.
If the Service requires you to open or register an account, you must complete the registration process by providing us with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to us which is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access and use of the Service. As part of the registration process, you may be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Neither we nor our licensors will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by us, our licensors or another party due to someone else using your account or password.
As between you and FRC, FRC is the sole and exclusive owner of the Service and all intellectual property rights therein. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE SERVICE OR ANY CONTENT THEREIN, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use, provided that you do not change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else. Any other use of the Service not permitted by these Terms is strictly prohibited.
Content submitted by users for inclusion on the Service, feedback about the Service, and any information submitted on message boards or other public areas of the Service) are referred to in these Terms as “User Submissions.” Whether or not any User Submission is published, it will be subject to these Terms. FRC does not guarantee any confidentiality with respect to a User Submission, regardless of whether it is published. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your User Submissions (and all content included therein), including the right to authorize FRC to use the User Submissions in the manner contemplated by the Service and these Terms.
By submitting or posting User Submissions on or through the Service, you grant us a worldwide, non-exclusive, sublicensable, transferrable, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute the User Submissions in any and all media or distribution methods (existing now or later developed). This includes making User Submissions available to other companies, organizations, or individuals who partner with us for the syndication, broadcast, distribution, or publication of content on other media, as well as using your User Submissions for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You also agree to all such uses of your content with no compensation paid to you.
We neither endorse nor assume any liability for the contents of any User Submission. We generally do not pre-screen, monitor, or edit User Submissions. However, we and our agents have the right at our sole discretion to remove any User Submission or other content that, in our judgment, does not comply with these Terms and any other rules of user conduct for the Service, or is otherwise harmful, objectionable, offensive, or inaccurate. We are not responsible for any failure or delay in removing any such User Submission or other content. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Submission, whether it is your own or another user’s.
We take claims of copyright infringement seriously. It is our policy to disable and/or terminate the accounts of users who are repeat infringers. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any content accessible on the Service infringes your copyright, you may request removal of such content (or access thereto) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice of alleged copyright infringement must include substantially the following:
Our designated agent to receive DMCA notices is:
5940 S Rainbow Blvd Ste 400
Las Vegas, Nevada 89118-2507
*NOTE: This contact information is for inquiries regarding potential copyright infringement only.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that content on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
When you sign up for the Service, you agree to the following terms rules:
You may access Course content both during the Course after the Course has ended, but you may access and use it for your personal, non-commercial use only.
You may use our trademarks only where we authorize you to do so. In each case, you must:
You agree to pay all applicable fees for Courses (“Enrollment Fees”), as set forth on the checkout page for the Service or on a Statement of Work, as applicable. If you are paying your Enrollment Fees in installments, your payment method will be automatically charged on the cadence specified at checkout. All Enrollment Fees are payable in the currency specified at the time of purchase. You shall be responsible for all taxes associated with the Service other than U.S. taxes based on FRC’s net income. You hereby authorize FRC to bill your payment instrument upon confirmation of a purchase, and you further agree to pay any charges so incurred. We reserve the right, at any time, to change any fees or charges for using any services provided on the Service, provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change. We reserve the right to change the timing of our billing, in particular, as indicated below, if your payment method has not successfully settled.
All sales are final. However, if a cohort of students do not receive similar results on average to past cohorts, then upon request we will provide you with your choice of either a full refund or complimentary access to another one of our trainings free of charge.
We reserve the right to terminate your access to and participation in a Course at any time, after which we will issue you a full refund for such Course. We reserve the right to apply any refund as a refund credit or a refund to your original payment method, at our sole discretion. No refund is guaranteed, and no refund is due to you if you request it after the 120-day time limit has passed. These refund restrictions will be enforced to the extent permitted by applicable law. In cases where a transaction is not eligible for a cash refund, the refund will be granted using credits to the Service, provided it otherwise meets our 120-day refund policy.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE FRC AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “FRC PARTIES”) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THE COURSES OR ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER USER OF THE SERVICE. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
THE SERVICE AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY COURSE THAT YOU ATTEND VIA THE SERVICE, OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
You understand and agree that temporary interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control. While we work to protect the security of your account and related information, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR ANY OTHER FRC PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.
FURTHER, NEITHER WE, NOR ANY OTHER FRC PARTY, SHALL BE LIABLE IN ANY WAY FOR ANY COURSE OR OTHER THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE SITE.
IN NO EVENT SHALL THE TOTAL LIABILITY OF WE OR ANY OTHER FRC PARTY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH USING THE SERVICE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to defend, indemnify, and hold us and the other FRC Parties harmless from and against all demands, claims, actions, suits, investigations, liabilities, losses, damages, and expenses, including reasonable attorneys’ fees, that arise directly or indirectly from or out of (i) your breach or violation of these Terms; (ii) your User Submissions, including any allegation that your User Submission violates any applicable law or infringes or otherwise violates any intellectual property rights or other rights of any person, entity or estate; and (iii) your acts or omissions in connection with the Service, including your access or use of the Service. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services and/or these Terms.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS THE WAY THAT YOU AND WE BRING CLAIMS AGAINST EACH OTHER AND HOW THOSE CLAIMS ARE DECIDED.
This agreement to arbitrate is governed by the Federal Arbitration Act, including its procedural provisions, in all respects.
ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If this specific provision is found to be unenforceable, then this section will be null and void and neither of us will be entitled to arbitrate our dispute.
The arbitration will be administered by the American Arbitration Association (“AAA”) and will be governed by AAA’s Consumer Arbitration Rules (“AAA Rules”), as modified by this Agreement. The AAA Rules may be accessed at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, and must enforce the same limitations stated in this Agreement as a court would. The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless you or FRC requests one. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
A party who intends to arbitrate (“Claimant”) must first send to the other party (“Respondent”) a written notice, entitled “Demand for Arbitration” (“Demand”). The Demand must: (1) briefly explain the dispute; (2) provide the Claimant’s name and address, the address of the Claimant’s representative (if the Claimant has one), and the Respondent’s name and address (for FRC, see below); (3) specify the amount of money in dispute, if applicable; (4) if the Claimant is requesting an in-person hearing, identify the requested location for the hearing; and (5) include a statement of what the Claimant wants. The Claimant must send one copy of the Demand to AAA at the same time the Claimant sends it to the Respondent. When sending a copy of the Demand to AAA, the Claimant must also include a copy of this arbitration agreement and any amendments to it and the then current filing fee required by the AAA. The Demand must be sent to the AAA at the following address:
American Arbitration Association
Case Filing Services
1101 Laurel Oak Road, Suite 100
Voorhees, NJ 08043
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Any request for payment of filing, administration, and arbitrator fees by FRC should be submitted by mail to the AAA along with your Demand and we will make arrangements to pay all such necessary fees directly to the AAA. In the event that the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse us for all fees associated with the arbitration paid by FRC on your behalf that you otherwise would be obligated to pay under the AAA Rules.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND FRC EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY. FURTHER, WITH RESPECT TO ANY CLAIM THAT PROCEEDS IN A COURT, YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
If you do not want us to use your contact information to promote our services, you can opt out by sending us an email stating your request to email@example.com. If you have received a promotional email from us, you can also opt out of receiving future promotional emails from us by following the unsubscribe instructions contained in such email.
The terms of this Article shall survive the expiration or termination of these Terms.
These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Nevada, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Nevada.
These Terms constitute the entire agreement between you and FRC concerning the Service. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. FRC’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. FRC may assign its rights and duties under these Terms to any party at any time without notice to you.
Most communication between FRC and you will be sent and received electronically. You agree that all electronic communication between FRC and you shall satisfy any legal requirements that such communications be in writing.
14. If you have questions, concerns, and feedback about the Service, you may contact us at firstname.lastname@example.org.
If you have questions, concerns, and feedback about the Service, you may contact us at email@example.com.