FLOW MEMBERSHIP TERMS
You must be at least fifteen (15) years of age to enroll in FLOW. Anyone under the age of majority should review the following Membership Terms with their parent or legal guardian prior to enrollment.
You may cancel FLOW at any time by contacting the Company at [email protected] If you cancel an annual membership for FLOW within fifteen (15) days of joining, the Company will refund your full membership fee; provided that the Company will charge you for any benefits or discounts you received during the fifteen (15) day period. In ALL other instances, including all monthly memberships, the membership fee you pay for FLOW is NOT REFUNDABLE when you cancel FLOW. If you cancel FLOW, you will continue to have full access to FLOW for the remainder of the term for which you enrolled. If you cancel FLOW, but later decide to re-enroll, you may have to wait until the Company establishes a new enrollment period.
In addition to all the limitations contained herein and within the Company’s Terms and Conditions, joining FLOW is subject to the following:
FEES AND RENEWAL
The fee associated with FLOW depends on your membership term (monthly or annual), and that fee will remain at the same rate until you cancel your membership. The FLOW membership fee is NOT REFUNDABLE except as expressly set forth in these Membership Terms. To avoid billing of the next membership fee, you must cancel your membership before it renews by contacting the Company at [email protected]
By joining FLOW, you are authorizing the Company to charge the membership fee, plus any taxes, to the payment method you have provided. If the eligible payment method we have on file for you is declined for payment of your membership fee, you must provide a new eligible payment method promptly or your FLOW membership will be cancelled.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL FLOW, YOU UNDERSTAND THAT FLOW WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE THE COMPANY TO COLLECT THE MEMBERSHIP FEE, PLUS ANY TAXES, WITHOUT NOTICE TO YOU, USING THE PAYMENT METHOD ON FILE FOR YOU.
You agree that FLOW provides you access to proprietary information and material owned by the Company and/or its licensors and affiliates (the “Content”), subject to the Terms and Conditions pertaining to Intellectual Property Rights and these Membership Terms.
ANY USE OF FLOW’S CONTENT NOT EXPRESSLY PERMITTED IN THESE MEMBERSHIP TERMS IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND/OR ITS LICENSORS.
In consideration of your joining FLOW, the Company grants to you a non-exclusive, non-transferrable license to use FLOW to access the Content. If you would like to join FLOW with a collaborator, you will each need to join separately.
DISCLAIMER OF WARRANTIES
The FLOW Content is provided on an “AS IS” and “AS AVAILABLE” basis, without warranty of any kind, whether express or implied, including but not limited to, warranties of title, implied warranties of merchantability and fitness for a particular purpose, accuracy, non-infringement, completeness, availability, and compatibility, to the fullest extent permitted by law. Specifically, but without limitation, the Company does not warrant that: (i) the FLOW Content is correct, accurate, reliable or complete; (ii) the functions contained through FLOW will be uninterrupted or error-free; (iii) defects will be corrected, or (iv) the FLOW Content or the server(s) that makes it available are free of viruses or other harmful components. USE OF THIS WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.
Please note that it is your responsibility to check that the computer and internet connection you plan to use to access FLOW can handle high-definition video. You acknowledge and accept that the Company cannot be held responsible for any technical problems you encounter following the start of your FLOW membership.
LIMITATION OF LIABILITY
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THE COMPANY’S TERMS AND CONDITIONS, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR FLOW MEMBERSHIP.
Governing Law. These Membership Terms shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Kentucky without regard to Kentucky’s conflict of law principles. You agree to submit to the jurisdiction of any state court located within Bourbon County, Kentucky, and irrevocably agree that all actions or proceedings related to these Membership Terms will be litigated in such courts.
Binding Effect. The enrollment in FLOW shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties. You have no right to assign the enrollment in FLOW, by operation of law or otherwise. Flow Membership is NOT transferrable.
Termination. The Company is committed to providing all FLOW enrollees with a positive experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of the Membership Terms, the Company, in its sole discretion and without notice to you, may: (i) limit, suspend, or terminate your FLOW membership without refund; and/or (ii) terminate these Membership Terms. You agree that your obligations to the Company under these Membership Terms will survive expiration or termination of the Membership Terms for any reason, and that the Company shall not be liable to you or any third party in the event of such termination of your FLOW membership.
Changes. The Company reserves the right at any time to modify the enrollment in FLOW and to impose new or additional terms or conditions on FLOW. Such modifications and additional terms and conditions shall be effective immediately and incorporated into FLOW. Your continued enrollment in FLOW will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Company’s website or you may be notified by either e-mail or postal mail.
Entire Agreement. The Membership Terms are absolute and unconditional and constitute the full, complete and entire understanding and agreement between you and the Company with respect to the subject matter hereof. By joining FLOW, you acknowledge and affirm that you are not doing so in reliance upon any promises, representations, statements, warranties, covenants or undertakings not contained within the Membership Terms. Any ambiguities in the Membership Terms shall not be construed against the Company.
Waiver. No failure to exercise and no delay in exercising any right, remedy, or power under the Membership Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power under the Membership Terms preclude any other or further exercise thereof, or the exercise of any other right, remedy, or power provided herein or by law or in equity.
Severability. If for any reason any provision of the Membership Terms is determined to be invalid or unenforceable, that provision shall be deemed modified to whatever extent necessary to render it enforceable, and if any Court declines to so modify the provision, then the remaining provisions of the Membership Terms nevertheless shall be construed, performed, and enforced as if the invalidated or unenforceable provision had not been included in the text of the Membership Terms.
Effective April 3, 2020