1. Your acceptation
By using and/or visiting the www.aflowstate.ca website, you ("You") acknowledge that you have read, understood and agreed to the Terms of Use. These Terms of Use apply to all users of the Platform. These Terms of Use constitute a binding agreement between you and A Flow State and its parents, subsidiaries, affiliates, successors and assigns (collectively "www.aflowstate.ca") governing your use of the Platform. You are only permitted to use the Platform if you agree to comply with all applicable laws and these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, please do not use and/or visit the Platform.
Platform access
A Flow State hereby grants you permission to use the Platform as set forth in these Terms of Use, provided that: (i) your use of the Platform as permitted is solely for your personal, non-commercial use; (ii) you will not copy or distribute any portion of the Platform in any medium without A Flow State's prior written permission; (iii) you will not alter or modify any portion of the Platform other than as may be reasonably necessary to use the Platform for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
In order to access certain features of the platform, you will need to create an account. You are not allowed to use another user's account without permission. When creating your account, you must provide true, current, accurate and complete information about yourself. If A Flow State suspects that your registration information is not true, complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be suspended or terminated, and you may be prohibited from using www.aflowstate.ca web. By registering with www.aflowstate.ca web, you represent that you are of legal age to enter into a binding contract and that no law prohibits you from using the www.aflowstate.ca platform. You are solely responsible for all activity that occurs under your account, and you must keep your account password secure. You may change your password at any time. You agree to immediately notify www.aflowstate.ca (A Flow State) if you suspect or become aware of any unauthorized use of your password or account or any other breach of security. A Flow State cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2. You acknowledge and agree that we may retain User Information and may also disclose User Information, if required by law or in the good faith belief that such retention or disclosure is reasonably necessary to 0: (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of www.aflowstate.ca (A Flow State), its users or the public.
A Flow State also reserves the right to terminate a user's access to the Platform at any time, at its sole discretion and without notice.
You agree not to use or run any automated system or technological devices or programs that access the Platform in a manner that sends more request messages to the www.aflowstate.ca servers in a given period of time than a human can reasonably produce in the same period of time using a conventional online web browser. You further agree not to access, monitor or copy any content or information from this platform using any robot, spider, scraper or other automated means or any manual process for any purpose. Notwithstanding the foregoing, A Flow State grants public search engine operators permission to use spiders to copy items from the Platform for the sole purpose of creating publicly searchable indexes of items, but not caches or archives of such items. A Flow State reserves the right to revoke these exceptions generally or in specific instances in its sole discretion. You agree not to collect or use any personally identifiable information ("Personal Information"), including, without limitation, individual names, account names, email addresses, or other user identification information from the Platform, or to use the communication systems provided by the Platform for commercial purposes. For solicitation purposes, including, without limitation, to solicit, for commercial purposes, any user of the Platform.
Third-party websites
The Platform may contain links to third-party websites that are not owned or controlled by A Flow State (www.aflowstate.ca). A Flow State has no control over, and assumes no responsibility for, the content, quality, suitability, functionality, legality, privacy policies, or practices of any third party website. You acknowledge and agree that A Flow State is not responsible for content on the Internet or on web pages that are contained outside the Platform. By using the Platform, you specifically release A Flow State from any and all liability arising from your access to or use of any third-party website, your correspondence or transactions with other users, advertisers, partners or other third parties found on or through the Platform, and/or your participation in promotions, sweepstakes, campaigns or any other endeavors hosted, endorsed or sponsored by other users, advertisers, partners or other third parties.
Intellectual property rights
The content of the Platform, including, without limitation, all text, graphics, images, photos, computer code, software, scripts, multimedia files, trademarks of interactive features, service marks and logos (the "Content") are owned or licensed by A Flow State, are subject to copyright and other intellectual property rights under Canadian and foreign laws and international conventions. The Content is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose without prior written permission. Consent of A Flow State or as expressly provided herein. A Flow State reserves all rights not expressly granted in and to the Platform and the content contained therein. You agree not to engage in the use, copying or distribution of any Content for commercial purposes. If you download or print Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any security-related features of the Platform or features that prevent or restrict the use or copying of any Content or impose limitations on the use of the Platform or Content.
Changes to the Platform
A Flow State reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. A Flow State will not be liable to you or any third party for any modification, suspension or discontinuance of the Platform.
Cancellation
A Flow State may, under certain circumstances and without notice, immediately deactivate or terminate your account on www.aflowstate.ca, access to the Platform or any other www.aflowstate.ca service. Cause for such termination includes, but is not limited to: (i) violations or breaches of the Terms of Use or other incorporated agreements or guidelines; (ii) requests by law enforcement or other governmental agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification of the Website (or any part thereof) ; (v) unexpected technical or security problems or issues; (vi) extended periods of inactivity; (vii) engagement by You in fraudulent or illegal activities; and/or (viii) non-payment of fees You owe in connection with the Platform or any other A Flow State product or service. Termination of Your www.aflowstate.ca account includes: (i) removal of access to all pages of the Platform; (ii) deletion of Your password and all associated information, files and documents, including User Submissions associated with or within Your account (or any portion thereof); and (iii) barring of any further use of the Platform. Further, you agree that all terminations for cause shall be made at A Flow State's sole discretion and that A Flow State shall not be liable to you or any third party for any termination of your account, any associated email address or access to the Platform.
Warranty and Disclaimer
You agree that your use of the Platform is at your sole risk to the fullest extent permitted by law, A Flow State, and any parent, subsidiaries, affiliates, successors, directors, officers, employees, licensors, distributors, suppliers, agents, resellers, owners or operators of A Flow State, disclaims all warranties, express or implied, with respect to the Website. A Flow State makes no warranties or representations as to the accuracy or completeness of the content of the Website and assumes no liability for any (i) errors, mistakes or inaccuracies in the content (ii) personal injury or property damage of any kind resulting from your access to and use of the website or any of its products and/or services (iii) any unauthorized access to or use of our server and/or any personal information stored thereon (iv) any interruption or cessation of transmission to or from the website or mobile application (iv) any bug, virus, Trojan horse or the like that may be transmitted to or through our website or mobile application by a third party, and/or (v) any errors or omissions in any content, user submission or other material or for any loss or damage of any kind resulting from the use of any content ent, user submission or other material posted, emailed, transmitted or otherwise made available via the website or mobile application. A Flow State does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked website or other promotion, and A Flow State (www.aflowstate.ca) will not be a party to or in any way responsible for monitoring any transactions between you and third parties. Third Party Product or Service Providers. No advice or information, whether oral or written, obtained by you from A Flow State(www.aflowstate.ca) will create any warranty not expressly stated in the Terms of Use. As with the purchase of any product or service by any means or in any environment, use your best judgment and exercise caution where appropriate.
Limitation of liability
In no event shall A Flow State, or any parent, subsidiary, affiliate, successor, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner or operator of A Flow State, be liable to you for any direct, indirect, incidental, special, punitive or consequential damages of any kind resulting from (i) errors, errors or inaccuracies in content (ii) personal injury or property damage of any kind resulting from your access to and use of our Platform (iii) any unauthorized access to or use of our secure servers and/or any personal information stored thereon (iv) any interruption or cessation of transmission to or from our Platform (iv) any bugs, virus, Trojan horse, or the like, which may be transmitted to or through our Platform by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind resulting from your use of any content posted, emailed, transmitted or otherwise made available passible through the Platform, whether based on warranty, contract, tort or any other legal theory, and whether or not the Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that A Flow State will not be liable for any User Submissions or for any defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage resulting from the foregoing rests entirely with you. The Platform is controlled and offered by A Flow State from its facilities in Canada. A Flow State makes no representation that the Platform is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so on their own initiative and are responsible for compliance with local laws.
Compensation
You agree to defend, indemnify and hold harmless A Flow State and any parent, subsidiaries, affiliates, successors, directors, officers, employees, licensors, distributors, suppliers, agents, resellers, owners or operators of A Flow State, from and against any and all allegations, claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including, but not limited to, attorneys' fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any of the terms of these Terms of Use; (iii) your violation of any third party rights, including, without limitation, any copyright, proprietary or privacy rights; or (iv) any alleged claim, demand or cause of action that one (or more) of your User Submissions has caused, is causing or will cause damage to any third party, whether as a result of infringement or otherwise. This defense and indemnification obligation shall survive these Terms of Use and your use of the Platform.
Ability to accept the terms of use
You affirm that you are either over 18 years of age, an emancipated minor, or have the legal consent of a parent or guardian and are fully capable and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. A Flow State is not intended for children under the age of 7. If you are under the age of 7, please do not use the Website at www.aflowstate.ca.
Affectation
These Terms of Use and all rights and licenses granted hereunder may not be assigned, transferred, delegated or sublicensed by You, but may be assigned, transferred, delegated and sublicensed by A Flow State without restriction.
Intellectual property rights
The www.aflowstate.ca Platform is owned by a Flow State. No part of the Platform may be copied, reproduced, displayed, transmitted or used for any purpose. All trademarks on the fu-fitness.com mobile app, including, but not limited to, A Flow State and Jonathan Fulham are the property of A Flow State and may not be used for any purpose without the prior written permission of A Flow State.
General
In the event that any provision contained in these Terms of Use is held to be invalid, illegal or otherwise unenforceable in any respect for any reason, the validity, legality and enforceability of the provision in all other respects shall be preserved and the remaining provisions of these Terms of Use shall remain in full force and effect. The use shall in no way be impaired and shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and A Flow State's failure to enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. A Flow State reserves the right to modify these Terms of Use at any time in its sole discretion and without notice, which shall be effective upon posting on the Platform. It is your responsibility to review these Terms of Use for any changes. Your use of the Platform following any change to these Terms of Use will signify Your consent to and acceptance of its revised terms. These Terms of Use constitute an agreement that shall be governed by and construed in accordance with the laws of the State of British Columbia without regard to its conflict of laws provisions and without regard to the state or county of incorporation or residence of either party. You agree to submit to the personal and exclusive jurisdiction of the courts located in Kelowna County, BC in any action arising out of this Agreement. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred.
Community Standards Policy
Adult nudity and sexual activity. People sometimes share content containing nudity for reasons such as awareness campaigns or art projects. www.aflowstate.ca restricts the posting of nudity and sexual activity because certain audiences within our global community may be sensitive to this type of content, particularly because of their cultural background or age. In order to treat people fairly and respond quickly to community reports. Hate Speech , A Flow State removes hate speech when it is reported or seen by administrators or community moderators. This includes content that directly attacks people based on: Race Ethnicity National origin Religious affiliation Sexual orientation Sex, gender or gender identity Disabilities or serious illnesses. Personal attacks and harassment will not be tolerated. Sexist, racist, misogynistic, homophobic and broad offensive generalizations about groups of people are simply not allowed. Comments or discussions written intentionally to provoke will also be deleted. People dedicated to promoting hatred against these protected groups are not allowed to be present on www.aflowstate.ca. Violence and Graphic Content www.aflowstate.ca is a community where people share experiences and raise awareness. Sometimes these experiences and issues involve violence and graphic images of public interest or concern, such as human rights violations or acts of terrorism. Often, when people share this type of content, they are condemning it or raising awareness. We remove graphic images when they are flagged or seen by the administrator or moderators of my community. When people share something on fwww.aflowstate.ca, we expect them to share it responsibly, including carefully choosing who will see that content. We also ask people to warn their audience about what they are about to see if it includes graphic violence. "Thank you for paying attention to our community policy and helping us meet our community standards.
Violations of these Terms of Use
Please report any violations of the Terms of Use, including objectionable User Submissions or conduct, to us. Please state the reasons for your concern and provide a link to the User Submission, other materials, or, if applicable, the behavior in question. Upon receipt of such a report of a possible violation, A Flow State, in its sole discretion, may investigate the matter and take such action as A Flow State deems appropriate.
Terms, Conditions, Limits of Liability and Code of Conduct last revised May 1, 2022