Last updated May 14, 2020
Table of contents:
WEBSITE OWNER, THE OFFERING, AND BINDING OF TERMS
ELIGIBILITY FOR OUR SERVICE
OUR SERVICES OF PRODUCTS
GROW IN FLOW COACHING DISCLAIMER & WAIVER
ACCOUNTS AND REGISTRATION
COMMERCIAL TERMS FOR PURCHASING OUR SERVICES
PAYMENTS, TAXES, REFUNDS AND CANCELLATIONS
RETENTION OF RIGHT TO CHANGE OFFERING
OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHTS AND LOGOS
YOUR ACCESS AND USE OF OUR SERVICES
RIGHT TO SUSPEND OR CANCEL USER ACCOUNT
INTELLECTUAL PROPERTY RIGHTS
LIMITATION OF LIABILITY
RIGHT TO CHANGE AND MODIFY TERMS
PROMOTIONAL EMAILS AND CONTENT
PREFERENCE OF LAW AND DISPUTE RESOLUTION
1. WEBSITE OWNER, THE OFFERING, AND BINDING OF TERMS
Welcome, and thank you for your interest in the website www.growinflowperformance.com. This website is owned and operated by Prediqscience LLC.
Throughout this Agreement “we”, “us”, “our” and “ourselves” along with “Prediqscience” or “Prediqscience LLC” refers to Prediqscience LLC, its subsidiaries, owners, shareholders, directors, officers, partners, employees, agents, heirs, and authorized representatives – unless otherwise noted. “You”, “your”, “yourself”, and “user” refers to anyone accessing the site, social media outlet, or online services and includes the company, association, entity or agency that the user represents.
The materials and information contained in this Website and in our Products are protected by applicable copyright and trademark law. In addition, when you use any of our current or future Products or Services, you will also be subject to our terms, conditions and agreements applicable to those Products and Services.
2. ELIGIBILITY FOR OUR SERVICE
By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement. Persons who are at least 13 years of age but under the age of majority may only use our Services with legal parental or guardian consent. Accordingly, you agree that you are at least the age of majority or older, or have received legal parental or guardian consent from someone fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms. If you are using our Services on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
3. OUR SERVICES OF PRODUCTS
This Website provides information, videos, articles, videos and posts on personal improvement skills. The instructional and educational courses and Services available through our Website are either for personal or professional use only. You may not sell or resell any of the Products or Services you purchase or otherwise receive from us.
4. GROW IN FLOW COACHING DISCLAIMER & WAIVER
All coaching services and communication, email or otherwise, delivered by us (your “Coach”), as well as the Grow in Flow Course and information set forth on this website (www.growinflowperformance.com) are meant to help you identify the areas in your life and in your thinking that may be standing in your way for a successful public performance. However, coaching is not professional mental health care or medical care. If you feel psychologically stressed to the point that it is interfering with your ability to function, please seek the help you need in the form of a professional counselor. Coaching may support your therapy, but the work of coaching is meant to be done when major emotional and psychological wounds are already healing or healed.
By purchasing Grow in Flow Course services from www.growinflowperformance.com, you confirm that you have read and agree to each statement and that you wish to proceed:
I understand that the knowledge acquired from Grow in Flow Course and/or the support coaching services I may be receiving from my Coach are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. I also understand that my Coach is not acting as a mental health counselor or a medical professional.
I understand that coaching is, at present, an unregulated industry and that my Coach is not licensed by the State of California or any other state. I also understand that for all legal purposes, the services provided by my Coach will be considered to be provided in the State of California.
I understand and agree that I am fully responsible for my well-being during my online course and/or coaching sessions, and subsequently, including my choices and decisions.
I understand that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and I will not use it in place of any form of therapy.
I understand that all comments and ideas offered by my Coach are solely for the purpose of aiding me in achieving my defined goals. I have the ability to give my informed consent, and hereby give such consent to my coach to assist me in achieving such goals.
I understand that to the extent Grow in Flow Course involves career or business, the results of the Grow in Flow Course are not guaranteed and my Coach or Prediqscience LLC hold no responsibility for the actions, choices, or decisions taken or made by me.
I understand that any decisions I make, and the consequences thereof are your own. Under no circumstances I can hold my Coach or Prediqscience LLC liable for any actions that I take. I agree not to hold Prediqscience LLC, or any employees of Prediqscience LLC, liable for any loss or cost incurred by me, or any person related or associated with me, as a result of materials or techniques, or coaching, offered by Prediqscience LLC.
I understand that the owner of and contributors to www.growinflowperformance.com website and the Grow in Flow Course accept no responsibility or liability whatsoever for any harm - real or imagined - from the use or dissemination of information contained here.
I understand that Prediqscience LLC will protect my information as confidential unless I state otherwise in writing. If I report child, elder abuse or neglect or threaten to harm myself or someone else, I understand that necessary actions will be taken and my confidentiality agreement is limited in this capacity. Furthermore, if my Coach or other official representatives of Prediqscience LLC are ordered by a court to provide information or to testify, they will do so to the extent the law requires.
I understand that the use of technology is not always secure and I accept the risks of confidentiality in the use of email, text, phone, Skype and other technology.
I hereby release, waive, acquit and forever discharge my Coach, Prediqscience LLC, or any other owners of and contributors to www.growinflowperformance.com (any agents, successors, assigns, personal representatives, executors, heirs and employees) from every claim, suit action, demand or right to compensation for damages I may claim to have or that I may have arising out of acts or omissions by myself or by my Coach as a result of the advice given by my Coach or otherwise resulting from the coaching relationship contemplated by this agreement. I further declare and represent that no promise, inducement or agreement not expressed in this agreement has been made to me to sign or approve this agreement. This agreement shall bind my heirs, executors, personal representatives, successors, assigns, and agents.
I understand that by engaging the services offered on this Website I have agreed to all terms and conditions.
5. ACCOUNTS AND REGISTRATION
To access some features of the Service, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, date of birth, e-mail address, physical address, phone number, company name or other personal information). Some of this information may be of a confidential nature and may include personal identifying information (all “Your Information”).
6. ACCOUNT MANAGEMENT
Keep Your Password Secure. If you have been issued an account by Grow in Flow in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account, even if you authorize other parties in your organization to access your account. You, and not your Coach or Prediqscience LLC, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify us immediately. You can cancel your account at any time. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
7. COMMERCIAL TERMS FOR PURCHASING OUR SERVICES
When buying our items (including online courses), you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it; (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly- or annual basis to your payment method, depending on the service you purchase.
8. PAYMENTS, TAXES, REFUNDS AND CANCELLATIONS
You can acquire Content on our Services for free or for a charge, either of which is referred to as a "Transaction." Each Transaction is an electronic contract between you and Prediqscience LLC (the Provider), and/or you and the entity providing the Content on our Services. The Provider will charge your payment method (such as your credit card, debit card, or other method available) for any paid Transactions, including any applicable taxes. All Transactions are final. Content prices may change at any time.
You must keep all information about your payment method current. If you tell us to stop using your payment method and we no longer receive payment from you, we may cancel your account. Your notice to us will not affect charges to your account before we reasonably could act on your request. You agree that we may charge you, and you will pay to the Provider, any fee or penalty that is assessed or charged to us for a “Chargeback” resulting from a failure or refusal of your selected method of payment to make a required payment. This payment shall be refunded to you in the event that your selected method of payment resolves this dispute in your favor.
If technical problems prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined by the Provider.
The Provider reserves the right to offer refunds, discounts or other consideration in select circumstances at its sole discretion. Please note that each circumstance is unique, and election to make such an offer in one instance does not create the obligation to do so in another. Specifically, the Provider may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles the Provider to a corresponding counterclaim.
Some products are offered on a subscription basis. You can cancel your Subscription at any time. Please note that you must cancel your Subscription before it renews for a subsequent month in order to avoid being charged for the next month's Subscription Fee. If you cancel your Subscription, the cancellation will become effective at the end of the then-current monthly Subscription period.
You will need to cancel your Subscription directly by sending an email with subject “Plan Cancellation” to: email@example.com.
9. RETENTION OF RIGHT TO CHANGE OFFERING
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
10. OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHTS AND LOGOS
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Justyna Ponulak and Prediqscience LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
11. YOUR ACCESS AND USE OF OUR SERVICES
The rights granted to you in these Terms are subject to the following restrictions:
you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services;
you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services;
you shall not access the Services in order to build a similar or competitive Service;
no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
You shall not use any communication systems provided on our Services including, without limitation email, text, SMS or chat for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your purchases or use of the Services and our Products.
12. RIGHT TO SUSPEND OR CANCEL USER ACCOUNT
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
13. INFORMATION ACCURACY
We attempt to ensure that information and content on this Service is complete, accurate and current. Despite our best efforts, the information and content on our Service may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information or content on the Service. Furthermore, information and content on the Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or make changes in such information or content without notice.
14. PROPRIETARY RIGHTS
As between Prediqscience LLC and you, Prediqscience LLC or its licensors own and reserve all right, title and interest in and to the Products and the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Products and Service in accordance with these Terms. No title to or ownership of any proprietary rights related to the Products or Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Prediqscience LLC.
15. INTELLECTUAL PROPERTY RIGHTS
The courses of instruction and education (our Products), information, content, documentation, guides, descriptions, advice, data, software and any other content viewable on, contained in, or downloadable from, or provided to your in any manner whatsoever, through our Services (collectively, “Our Content”), including, without limitation, all videos, audio files, digital downloads, data compilations, text, graphics, charts, pictures, photographs, images, line art, icons and renditions, are owned and copyrighted by Grow in Flow, or otherwise licensed to us or Our Content suppliers.
We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the “Collective Work”).
Our names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively the “Proprietary Marks”), and are owned by Prediqscience LLC. You may not use the Proprietary Marks without our prior written permission.
We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners. All software used on, or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Listening, viewing, reading, printing, downloading or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software. You are solely responsible for any damages resulting from your infringement of our, or any third-parties, intellectual property rights regarding the Copyrights. Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
You agree to indemnify and hold the owner of and contributors to www.growinflowperformance.com (any agents, successors, assigns, personal representatives, executors, heirs and employees) harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
17. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Prediqscience LLC, and or any owners of and contributors to www.growinflowperformance.com (any agents, successors, assigns, personal representatives, executors, heirs and employees), be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, the owner of and contributors to www.growinflowperformance.com (any agents, successors, assigns, personal representatives, executors, heirs and employees) assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
18. RIGHT TO CHANGE AND MODIFY TERMS
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
19. PROMOTIONAL EMAILS AND CONTENT
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time at firstname.lastname@example.org.
20. PREFERENCE OF LAW AND DISPUTE RESOLUTION
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States of America, state of California, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in San Diego, California. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
21. ENTIRE UNDERSTANDING
If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at: email@example.com.