IMPORTANT! YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS OF USE. YOU UNDERSTAND THAT BY USING THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THIS WEBSITE, AND YOU MAY NOT BE ABLE TO ACCESS OR USE THIS WEBSITE AND/OR PURCHASE FLOWPOWER PRODUCTS AND SERVICES. 

 

This Terms of Use is an agreement between you (“You”) and FlowPower Inc., FlowPower USA Corp., their respective affiliates and related companies (collectively “FlowPower”), for You to use FlowPower’s getflowpower.com website (the “Website”) in exchange for FlowPower allowing You to access the Website and its features, and purchasing products and services provided by FlowPower through the Website (collectively the “FlowPower Products and Services”). By using the Website and the FlowPower Products and Services, You agree to abide by the terms and conditions in this Terms of Use. If You do not accept the Terms of Use, then do not use the Website. These Terms of Use, FlowPower’s Privacy Policy and the Website may change from time to time and it is your responsibility to check for such updates. 

 

Please review FlowPower’s Privacy Policy, which further governs your use of the Website. 

 

FlowPower has no obligation to monitor the Website. However, You agree that FlowPower has the right to monitor the Website from time to time and to disclose any information, in accordance with FlowPower’s Privacy Policy, as necessary to satisfy any law, regulation, or other governmental request, to operate this Website properly, or to protect itself or its account holders. FlowPower reserves the right to refuse to post or to remove any content, information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Terms of Use. 

 

2. Licence and Access 

Subject to your compliance with these Terms of Use and your payment of any applicable fees, FlowPower grants You a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Website and FlowPower Products and Services. This licence does not include: any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website, any FlowPower Products and Services or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to You in these Terms of Use or any other service terms are reserved and retained by FlowPower or its licensors, suppliers, rights holders, or other content providers. No FlowPower Products and Services, nor any part of any FlowPower Products and Services or the Website, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of FlowPower. You may not frame or use framing techniques to enclose any Trademark (as defined in Section 11, below), logo, or other proprietary information (including but not limited images, text, page layout, or form) of FlowPower without express written consent. You may not use any metatags or any other “hidden text” or alike using FlowPower’s name or Trademarks without the express written consent of FlowPower. You may not misuse the Website or the FlowPower Products and Services. You may use the FlowPower Products and Services only as permitted by law. The licences granted by FlowPower terminate if You do not comply with these Terms of Use or any other service terms. 

 

FlowPower attempts to be as accurate as possible. However, FlowPower does not warrant that descriptions of the FlowPower Products and Services or other content of any FlowPower Products and Services is accurate, complete, reliable, current, or error-free. If a product offered by FlowPower itself is not as described, your sole remedy is to return it in unused condition. FlowPower reserves the right, in its sole discretion, to modify, update, change, adjust or otherwise make amendments, at any time and without prior notice, to its descriptions of the FlowPower Products and Services, warranties and prices, due to errors, product discontinuation, cost adjustments, changing market conditions or any other business factor. 

 

4. WARNING CONCERNING USE OF THE FLOWPOWER PRODUCTS AND SERVICES 

The FlowPower fitness programs (the “Programs”) contained in the Products and Services are extreme, high intensity and physically demanding exercise programs. Your safety requires use of common sense and a high level of responsibility and self-awareness to avoid injury and only You can know if You are in sufficient physical condition to perform the Programs workouts. Please only proceed with the Programs if You accept this responsibility and feel that You are able to undertake an extreme physically demanding fitness program. If at time You feel You are exercising beyond Your current fitness abilities or You feel any discomfort, pain, dizziness or nausea You should discontinue exercise immediately and reconsider Your use of the Programs or the particular Program routine. 

 

You should not attempt the Programs workouts without first consulting Your medical provider. If You have a history of knee, shoulder, or spinal (back or neck) problems or injuries, You should seek medical help before embarking on the Programs. 

 

Accordingly, by purchasing and using the Programs, You agree that FlowPower will not be liable to any person or entity for any damage, injury or loss caused or alleged to be caused directly or indirectly by the Programs or any workouts, guides, advice or any other FlowPower Products and Services, or content. 

 

FlowPower does not represent to You that You will achieve any specific result in using the Programs or in using any other of the FlowPower Products and Services. While all testimonials we use to promote the FlowPower Products and Services are from real people who have used them, every person is unique and Your results from using the FlowPower Products and Services will depend on a variety of factors including, but not limited to, Your body type and how You follow the Programs and use the other FlowPower Products and Services. 

 

The contents of this Website are provided for educational purposes only and are not intended to diagnose, treat, cure, or prevent any disease or health condition. The information provided on this Website should not be considered as a substitute for the advice of a medical doctor or other healthcare professional. Furthermore, any supplements that FlowPower sells or is marketing have not been evaluated by Health Canada or by the U.S. Food and Drug Administration (FDA). 

 

The Website can be accessed from anywhere worldwide which has access to the internet and not blocked by a third party. You understands that, due to governmental restrictions in some areas, some or all of the FlowPower Products and Services may not be available for purchase to persons or entities residing in certain jurisdictions or geographical areas. FlowPower reserves the right, in its sole discretion, to exclude or otherwise limit the provision of any FlowPower Products and Services to a person or entity residing in any jurisdiction or geographical area where such restrictions apply. FlowPower does not represent or warrant that any FlowPower Products and Services will be available for purchase by You. 

 

Please note that FlowPower may not be able to confirm the price of an item until You order of FlowPower Products and Services. Despite FlowPower’s best efforts, a small number of the items in FlowPower’s catalog may be mispriced. If an item’s correct price is higher than FlowPower’s stated price, FlowPower will, at its discretion, either contact You for instructions before shipping or cancel your order and notify You of such cancellation. 

 

You understand that You will have to provide credit card or other payment information (the “Information”) to FlowPower in order to be able to purchase FlowPower Products and Services. You represents that you have the authority to provide the Information and that the Information is be accurate and complete. FlowPower will use the Information to charge You for any FlowPower Products and Services that You purchase. 

 

All prices are subject to applicable state/provincial, federal, value-added, goods and services taxes, handling charges and shipping charges. All orders for shipment outside of Canada may be subject to additional taxes, shipping charges, tariffs, customs and duties, all of which shall be paid and provided for solely by You. 

 

7. Your Account 

If You create an account on the Website (should such option be available on the Website), You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and/or device with which you access the Website, and You agree to accept responsibility for all activities that occur under your account or password. FlowPower may, from time to time, sell FlowPower Products and Services for children, but it sells them to adults who can purchase them with a credit card or other permitted payment method. If You are under the age of majority in your province of residence, You may use the FlowPower Products and Services only with involvement of a parent or guardian. FlowPower reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. 

 

8. Returns & Exchanges Policy and Title and Risk of Loss 

If you are not 100% satisfied with your purchase, you can either return your order for a full refund or exchange it for something else. You can return or exchange your purchase for up to 60 days from the purchase date. Returned or exchanged products must be in the condition you received them and in the original box and/or packaging. 

 

FlowPower does not take title to returned items until the item arrives at FlowPower’s fulfillment centre. All returns and exchanges are to be done according to this Returns & Exchanges policy, as may be amended from time to time. All items purchased from FlowPower are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon FlowPower’s delivery to the carrier. 

 

THE LAWS OF CERTAIN JURISDICTIONS (SUCH AS, BUT NOT LIMITED TO, QUEBEC, CANADA’S CONSUMER PROTECTION ACT) DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

 

THE FLOWPOWER PRODUCTS AND SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FLOWPOWER PRODUCTS AND SERVICES ARE PROVIDED BY FLOWPOWER ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FLOWPOWER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USE OF THE FLOWPOWER PRODUCTS AND SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FLOWPOWER PRODUCTS AND SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FLOWPOWER PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. 

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AND UNLESS OTHERWISE EXPRESSLY STATED BY FLOWPOWER, FLOWPOWER DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. FLOWPOWER DOES NOT WARRANT THAT THE FLOWPOWER PRODUCTS AND SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FLOWPOWER PRODUCTS AND SERVICES, ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR EMAIL SENT FROM FLOWPOWER PRODUCTS AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

 

FlowPower makes no representations whatsoever about any third party website or other internet location which You may access through this Website. When You access a non-FlowPower website or other internet location, You understand and acknowledge that it is independent from FlowPower, and that FlowPower has no control over the content on any such website or internet location. In addition, a link to a non-FlowPower website or internet location does not mean that FlowPower endorses or accepts any responsibility for the content, or the use, of such website. It is your responsibility to take precautions to ensure that whatever You select for your use by You is free of such items such as viruses, worms, trojans, and other items of a destructive nature. 

 

ANY DAMAGES THAT YOU MAY BE ABLE TO CLAIM FROM FLOWPOWER SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR ANY FLOWPOWER PRODUCTS AND SERVICES. FLOWPOWER WILL OTHERWISE NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY FLOWPOWER PRODUCTS AND SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE AND ANY FLOWPOWER PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 

 

10. Website Content 

All materials published or otherwise accessible through this site including, but not limited to, news articles, text, photographs, images, illustrations, audio clips, video clips, software, and other materials (the “Content”) are protected by American, Canadian and international copyright laws, and are owned or controlled by FlowPower and any others which may own copyright or the party credited as the provider of the Content. All visitors shall abide by all additional copyright notices, information, and restrictions contained in the Content. All visitors shall abide by all additional copyright notices, information, and restrictions contained in any content accessed through this site. 

 

11. Trademarks 

The trademarks, logos, and service marks, including but not limited to, “FlowPower”, the FlowPower logo, “getflowpower.com”, and other names, logos, and icons identifying the FlowPower Products and Services (collectively the “Trademarks”) displayed on the Website, are registered and unregistered Trademarks of FlowPower and others. Unless as may be expressly permitted by FlowPower, nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed on the Website without the express written permission of FlowPower or such third party that may own the Trademarks displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided in this Terms of Use, is strictly prohibited. You are also advised that FlowPower will aggressively enforce its trademark and other intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. 

 

When You use any FlowPower Products and Services, send email or other electronic communications to FlowPower, You are communicating with FlowPower electronically. You consent to receive communications from FlowPower electronically. FlowPower will communicate with You by email or by posting notices on the Website or through the other FlowPower Products and Services. You agree that all agreements, notices, disclosures, and other communications that FlowPower provides to you electronically satisfy any legal requirement that such communications be in writing. 

 

FlowPower may, at its sole discretion from time to time, allow You and other users of the Website to post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of such content. FlowPower reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. 

 

If You do post content or submit content to FlowPower, and unless FlowPower indicates otherwise, You grant FlowPower a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media. You grant FlowPower and sublicensees the right to use the name that You submit in connection with such content, if they choose. You represent and warrant that You own or otherwise control all the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify FlowPower for all claims resulting from content You supply. FlowPower has the right but not the obligation to monitor and edit or remove any activity or content. FlowPower takes no responsibility and assumes no liability for any content posted by You or any third party. 

 

SOCIAL MEDIA, #FLOWPOWER, OTHER HASHTAGS AND TAGS 

FlowPower may, from time to time, encourage people to post photos and other content to third-party social media platforms (e.g. Twitter, Facebook, Instagram, etc.) displaying FlowPower products and/or other content about or concerning FlowPower and “tagging” such content with FlowPower Trademarks such as #FLOWPOWER (collectively the “FlowPower Tags”). By posting such content to third-party social media platforms and tagging such content with FlowPower Tags, and subject to the terms and conditions of those third party social media platforms, you grant FlowPower a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right but not the obligation to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media. You grant FlowPower and sublicensees the right to use or display your username associated with the originating third party social media platform in connection with such content. You represent and warrant that You own or otherwise control all the rights to such content that You post tagged with FlowPower Tags; that the content is accurate; that use of the content You supply does not violate this policy or the originating third party social media platform’s policies and will not cause injury to any person or entity; and that You will indemnify FlowPower for all claims resulting from content You post that are tagged with FlowPower Tags. As with any user content, FlowPower has the right but not the obligation to monitor and edit or remove any activity or content. FlowPower takes no responsibility and assumes no liability for any content posted by You or any third party to third party social media platforms tagged with FlowPower Tags. 

 

If You are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines, or practices of FlowPower in operating the Website, your sole and exclusive remedy, unless as may be otherwise expressly stated, is to discontinue using the Website. 

 

You agree to defend, indemnify, and hold FlowPower and its affiliates and related companies harmless from any and all liabilities, costs, and expenses, including reasonable legal fees, related to the violation of this Terms of Use by You or users of your account, or in connection with the use of this Website, use of FlowPower Products and Services or the placement or transmission of any information or other materials on this Website by You or users of your account. 

 

15. Governing Law 

This Terms of Use shall be governed by and construed in accordance with the laws of the province of Alberta and the applicable federal laws of Canada. In the event of a dispute, any formal actions shall proceed in a court of competent jurisdiction in Edmonton, Alberta, Canada. This Terms of Use expressly excludes the United Nations Convention on Contracts for the International Sale of Goods. You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against FlowPower related to the Website, the use of FlowPower Products and Services or this Terms of Use and, where, applicable, You also agree to opt out of any class proceedings against FlowPower. 

 

This Terms of Use, including any and all documents it has referenced, constitutes the entire agreement between FlowPower and You pertaining to the subject matter of this Terms of Use. FlowPower’s failure to insist upon or enforce strict performance of any provision of this Terms of Use shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Terms of Use be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. FlowPower reserves the right to modify, supplement or supersede this Terms of Use at its sole option, at any time and without notice to You. This Terms of Use shall enure to the benefit of and be binding upon the parties and their respective heirs, administrators, executors, successors and permitted assigns. The parties have requested that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.