Terms of Service
Last Modified: December 9, 2022
By accessing this FloSports, Inc. (“FloSports,” “us,” “we,” “our”) website and all other websites, applications, video players and related software, associated content, and other services operated by FloSports (collectively, the “Services”), including all material contained therein, you declare your assent to the following terms and conditions as well as our acceptable use policy. Please read them carefully.
PLEASE NOTE THAT SECTION 7 OF THIS TERMS OF SERVICE CONTAINS THE TERMS RELATING TO AUTOMATICALLY RENEWING SUBSCRIPTIONS.
SECTION 16 CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND FLOSPORTS MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST FLOSPORTS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
- Changes to the Terms of Service
The effective date of this Terms of Service is set forth at the top of this webpage. FloSports reserves the right to amend this Terms of Service at any time. We will notify you of any material change to this Terms of Service (for example, by posting a notice on the Services). Any material change to this Terms of Service will be effective either 30 days following our posting of the changes on this webpage or, for new users who register during this 30-day period, at the time of registration, as applicable. It is your responsibility to review this Terms of Service for any changes. Your use of the Services following the effective date and any amendment of this Terms of Service will signify your assent to and acceptance of its revised terms upon notice to you. The amended Terms of Service supersede all previous versions. Customer service representatives are not authorized to modify this Terms of Service, either verbally or in writing, and any such modification shall have no effect.
- Eligibility for FloSports Subscriptions
Our Services are available only to individuals. You hereby represent and warrant that you or the person agreeing to this Agreement on your behalf, is at least eighteen years of age and otherwise capable of and authorized to enter binding contracts on your behalf.
By accessing the Services, you certify that you’re using content solely for personal, noncommercial purposes; you will not reproduce, copy, frame, distribute or otherwise exploit for any commercial purpose any part of the Services without FloSports’s prior written authorization; you will fully comply with the terms and conditions of this Terms of Service; and you will not share your account username and password with other persons.
By providing a credit card or other “Payment Method” accepted by FloSports for your subscription, you are expressly agreeing that we are authorized to charge you a monthly or yearly subscription fee (depending on the nature of the subscription you select), any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the Services and clicking on your profile > Account > Subscriptions > Manage. When you provide a Payment Method to access a subscription, including in connection with a free trial offer, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.
As used in this Terms of Service, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each monthly or yearly renewal date (depending on the nature of the subscription you select) thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to this Terms of Service. To see the commencement date for your next renewal period, log in on the Services and click on your profile > Account > Subscriptions > Manage.
- Automatic Renewals and Cancellation
We automatically bill the subscription fee to your Payment Method each month or year on the calendar day corresponding to the commencement of your subscription (each such month, a “Monthly Period”, or year, a “Yearly Period”). In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying monthly subscriber on January 31, your Payment Method would next be billed on February 28. If you change your Payment Method, this could result in changing the calendar day upon which you are billed. You acknowledge that the amount billed each Monthly Period or Yearly Period may vary due to promotional offers, changes in your subscription, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If FloSports changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.
Your subscription will continue in effect on a month-to-month or year-to-year basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to this Terms of Service. You must cancel your subscription before your monthly or yearly renewal date in order to avoid charges for the next billing (each Monthly Period or Yearly Period). We will bill the monthly or yearly subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Monthly Period or Yearly Period. This means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.
You can cancel your account at any time through your account settings. To cancel your subscription, please click here to be directed to your account page subscription details. Click the “manage” button to complete the cancellation.
Very rarely, if there are special circumstances where FloSports determines it is appropriate (e.g., your subscription Service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at FloSports sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
- Intellectual Property Rights
The Services and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Services (collectively, the “Content”) are the property of FloSports or our licensors, as applicable. The Services and Content are protected by United States and international copyright and trademark laws. You may not use, copy, reproduce, distribute, modify, publish, broadcast, display, sell, license, or otherwise exploit the Content for any other purposes without the prior written consent of FloSports. All rights not expressly granted herein are reserved to us and our licensors.
You understand that when using the technique videos you will be exposed to technique from a wide variety of sources and that FloSports is not responsible for the accuracy, usefulness, or safety of such technique. You further understand and acknowledge that you may be exposed to user submitted technique that is inaccurate or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FloSports with respect thereto, and agree to indemnify and hold FloSports and its owners, affiliates, and/or licensors harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.
- Links to Third Party Sites
- User Accounts
You may register an account through the Services. You agree that the information you provide to us during the registration process and at all other times when you use the Services is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that FloSports has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, FloSports has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You are the sole authorized user of any account you create through the Services and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at the contact information set forth at the end of this Terms of Service. FloSports will not be liable for losses, damages, liability, expenses, and fees incurred by FloSports or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
- Security and Restrictions
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Services or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
You agree not to use the Services:
- In any way that violates any applicable federal, state, local or international law or regulation;
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services or expose them to liability;
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services;
- Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the materials on the Services;
- Use any manual process to monitor or copy any of the materials on the Services or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the Services; or
- Otherwise attempt to interfere with the proper working of the Services.
- Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. FLOSPORTS DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES ARE PROVIDED BY FLOSPORTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FLOSPORTS, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. FLOSPORTS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSION ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. FLOSPORTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, IN NO EVENT SHALL FLOSPORTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLOSPORTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, CONTENT, INFORMATION CONTAINED WITHIN THE SERVICES, ANY LINKED SITE, OR ANY SUBSCRIPTION PURCHASED THROUGH THE SERVICES IS TO STOP USING THE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THE SERVICES IS ONE HUNDRED FIFTY DOLLARS ($150.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THIS TERMS OF SERVICE FAIL OF THEIR ESSENTIAL PURPOSE.
Under Cal. Civ. Code § 1789.3, California users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at firstname.lastname@example.org.
General Waiver under Section 1542 of the California Civil Code
You expressly acknowledge that there may exist claims or facts in addition to or different from those which are now known or believed by them to exist. Nonetheless, you acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. Section 1542 of the California Civil Code provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
You agree to indemnify, defend and hold harmless FloSports and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of this Terms of Service or our acceptable use policy or from our termination of your access to or use of the Services. Such termination will not affect either party’s rights or obligations, which accrued before the termination.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
Before beginning an arbitration proceeding, the initiating party must send an individualized letter to the other party identifying itself, its legal claims, the requested relief and requesting arbitration. You may email this correspondence to email@example.com or mail it to FloSports, Inc., Attn: Legal Department, 301 Congress Avenue, Suite 1500, Austin, TX 78701. Except as otherwise stated herein, if we cannot resolve our dispute within thirty (30) days of service of the individualized letter, the arbitration may be initiated and will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. We also agree to delegate the issue of arbitrability to an arbitrator. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, except the filing fees will be paid by you. If you are a prevailing party, you may seek reimbursement of your fees and costs. However, FloSports may seek and shall be entitled to its attorneys’ fees and costs if the arbitration finds your claims to be frivolous. There will be only one arbitrator, not a panel. 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.
Class Action Waiver
We each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, consolidated, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis.
Jury Trial and Small Claims Court
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.
Any claims arising in connection with your use of the Services must be brought within one (1) year of the event giving rise to such action occurred; however, this period shall be tolled for the 30-day pre-filing notice period above.
You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.
We reserve the right to seek all remedies available at law and in equity for violations of this Terms of Service, including but not limited to the right to suspend your account and remove any contents generated by you on the Services, block your access to the Services and block IP addresses.
- App Store Providers
To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Services through specific devices:
By downloading the Services from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
- This Terms of Service is between FloSports and you; Apple is not a party to this Terms of Service.
- The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Services on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
- Apple is not responsible for the Services or the Content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Services.
- In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.
- Apple is not responsible for addressing any claims by you or a third party relating to the Services or your possession or use of the Services, including without limitation (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- In the event of any third-party claims that the Services or your possession and use of the Services infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
- You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third party beneficiaries of this Terms of Service and upon your acceptance of this Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms of Service against you as a third-party beneficiary hereof.
By downloading the Services from the Amazon Appstore (or its successors) operated by Amazon Digital Services, Inc. or affiliates (“Amazon”), you specifically acknowledge and agree that:
- Amazon does not have any responsibility or liability related to compliance or non-compliance by FloSports or you (or any other user) under this Terms of Service or the Amazon Appstore EULA Terms.
By downloading the Services from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
- To the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in this Terms of Service, the Google Play Terms shall apply with respect to your use of the Services that you download from Google Play; and
- You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by FloSports or you (or any other user) under this Terms of Service or the Google Play Terms.