Flourish and Flow - Terms and Conditions
Updated on January 2, 2025
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Agreement to Terms
These Terms of Use form a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Flourish and Flow (“Company,” “we,” “us,” or “our”) regarding your use of the website https://www.flourishnflow.com and any related media, channels, mobile websites, or apps (collectively, the “Site”). By accessing the Site, you agree that you’ve read, understood, and accepted these Terms of Use. If you do not agree, you are not permitted to use the Site and must stop using it immediately.
Flourish and Flow is owned and operated by Caroline Taylor and Hayden Bomer.
We may update these Terms at any time. When we do, the “Last updated” date will be changed, and by continuing to use the Site, you accept the updated terms. It is the user's responsibility to check the Terms each time you use the Site to stay informed of any changes and updated Terms of Use.
The Site is not for use in jurisdictions where its distribution would be illegal or require us to register in that country. If you access the Site from another location, you are responsible for complying with local laws.
This Site is not tailored to comply with industry regulations such as HIPAA or FISMA. If your use of the Site would be subject to such laws, you should not use the Site. Additionally, the Site cannot be used in ways that violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 13 years old. Minors (under 18) must have permission from, and be supervised by, a parent or guardian to use the Site. If you are a minor, your parent or guardian must review and agree to these Terms before you can use the Site.
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Intellectual Property Rights
The content on this Site, including all text, images, logos, trademarks, designs, videos, audio, software, and other materials (collectively, the "Content"), is owned or controlled by us or licensed to us. This Content is protected by copyright, trademark, and other intellectual property laws, both in the United States and internationally.
All Content and trademarks on this Site are provided “AS IS” for your personal, non-commercial use only. You may not use, copy, reproduce, distribute, display, modify, or exploit any part of the Content or trademarks for commercial purposes without our express written permission.
By using this Site, you are granted a limited, non-exclusive license to view, download, and print the Content for your personal use only. Any other use of the Site’s Content or trademarks, including unauthorized reproduction or distribution, is strictly prohibited without prior written consent from us.
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User Representations
By using the Site, you confirm that:
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The registration information you provide is accurate, complete, and up-to-date.
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You will keep your information accurate and update it as needed.
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You have the legal right to use this Site and agree to follow these Terms of Use.
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You are at least 13 years old.
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If you are a minor, you have permission from a parent or guardian to use the Site.
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You will not access the Site using automated tools like bots or scripts.
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You will not use the Site for any unlawful or unauthorized activities.
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Your use of the Site complies with all applicable laws and regulations.
If any of the information you provide is false, incomplete, or outdated, we may suspend or terminate your account and deny future access to the Site.
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User registration
You may need to register to use certain features of the Site. You are responsible for keeping your password confidential and for all activity that occurs under your account. We have the right to remove or change any username you choose if we determine, at our discretion, that it is inappropriate, offensive, or objectionable.
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Prohibited Activities
You agree not to use the Site for any purpose other than its intended use. The Site is not for commercial use unless specifically authorized by us.
As a user, you agree not to:
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Collect data or content from the Site to create databases or directories without our written consent.
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Trick, mislead, or defraud us or other users, especially to access sensitive account information.
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Disable or interfere with the Site's security features.
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Harm, disparage, or damage the reputation of the Site or us.
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Use the Site to harass, abuse, or harm others.
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Misuse our support services or submit false abuse reports.
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Use the Site in ways that violate applicable laws or regulations.
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Engage in unauthorized linking or framing of the Site.
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Upload harmful content like viruses, spam, or excessive capital letters.
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Use automated systems like scripts or bots to gather data or send messages.
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Delete copyright or proprietary notices from the Site’s content.
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Impersonate another user or person.
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Use tracking technologies like spyware to collect information without consent.
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Disrupt or create unnecessary strain on the Site or its networks.
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Harass or threaten our staff.
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Bypass Site restrictions or attempt unauthorized access.
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Copy, reverse engineer, or decompile the Site’s software.
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Use bots or scrapers to access or interact with the Site in unauthorized ways.
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Buy products on the Site using unauthorized agents or methods.
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Collect usernames or emails for unsolicited communications.
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Use the Site to compete with us or for commercial purposes without permission.
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Advertise or sell goods and services on the Site.
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Sell or transfer your profile to someone else.
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User Generated Contributions
The Site may allow you to participate in blogs, forums, or other interactive features where you can create, submit, post, display, transmit, or share content like text, video, audio, images, comments, or suggestions (collectively, “Contributions”). These Contributions may be visible to other users and third-party websites.
By submitting any Contributions, you agree to the following:
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Your Contributions do not infringe on any third-party rights, including copyrights, patents, or trademarks.
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You are the creator or have permission to use and allow us and other users to use your Contributions in accordance with the Site and these Terms.
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If your Contributions include identifiable individuals, you have their consent to use their name or likeness.
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Your Contributions are accurate, not misleading, and not intended for unauthorized advertising or solicitation.
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Your Contributions are not obscene, offensive, or harmful in any way.
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Your Contributions will not promote violence, harassment, or discrimination.
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Your Contributions do not violate any laws, regulations, or privacy rights.
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Your Contributions will not include harmful or offensive comments based on race, gender, sexual preference, or physical ability.
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Your Contributions will not link to or contain harmful content or violate these Terms.
Any violation of these terms may result in the suspension or termination of your access to the Site.
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Purchases
By making a purchase on the Site, you are entering into a binding contract with us. You agree to provide accurate and complete payment information, and we reserve the right to refuse or cancel any order at our discretion. Prices and availability of products may change without notice, and we are not responsible for any errors in pricing or product information. You are responsible for any taxes, shipping fees, and other charges related to your purchase. Once an order is placed and payment is processed, we are obligated to fulfill the order, subject to availability and any unforeseen circumstances.
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Contribution License
By posting your Contributions to the Site or linking your social media accounts, you grant us a worldwide, royalty-free, irrevocable, and transferable license to use, copy, reproduce, display, distribute, modify, and create derivative works from your Contributions. This includes the use of your image, voice, or content for commercial, advertising, or any other purpose. We may use your Contributions across any media, now known or developed in the future.
This license allows us to use your name, company name, logos, and any other personal or commercial images you provide, and may include sublicensing to others. By submitting your Contributions, you waive any moral rights in the content and ensure they have not been asserted elsewhere.
You retain ownership of your Contributions and any associated intellectual property. We are not responsible for the content you submit and you agree to hold us harmless from any legal claims related to your Contributions.
We reserve the right to edit, remove, or move any Contributions at our discretion, without notice, and we are not obligated to monitor or manage your submissions.
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Guidelines for Reviews
If you post a review or rating on the Site, please ensure that:
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You have firsthand experience with the person or entity you're reviewing.
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Your review is free from offensive language, including profanity, hate speech, or discrimination.
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Your review does not reference illegal activity.
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You are not posting negative reviews as a competitor.
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You refrain from making legal conclusions or posting false or misleading statements.
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You do not organize campaigns to encourage others to post reviews.
We follow all applicable state and federal laws regarding the solicitation of Reviews. Reviews posted are not endorsed by us and may not reflect our opinions. We are not liable for any claims or losses resulting from reviews. Reviews may be removed if they are off topic, infringe on others rights, contain offensive language in any form, or otherwise violate the aforementioned guidelines.
By posting a review, you grant us the right to use, reproduce, modify, and distribute the content of your review globally, without compensation, and for any purpose.
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Submissions
Any questions, comments, suggestions, ideas, feedback, or other information you provide about the Site ("Submissions") will be considered non-confidential and become our property. We will own all rights, including intellectual property rights, and can use and share these Submissions for any purpose, including commercial use, without giving you credit or compensation.
By submitting, you confirm that the content is original to you or that you have the right to submit it. You waive any moral rights to the Submissions and agree that there will be no claims against us for any use or potential infringement of your Submissions.
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Third-Party Websites and Content
The Site may contain links to other websites ("Third-Party Websites") and content from third parties ("Third-Party Content"). We do not review or monitor these websites or content for accuracy, appropriateness, or completeness and are not responsible for them. This includes any issues with the content, opinions, reliability, privacy practices, or other policies of the Third-Party Websites or Content.
Linking to or allowing the use of Third-Party Websites or Content does not mean we approve of or endorse them. If you leave the Site to visit a Third-Party Website or use any Third-Party Content, you do so at your own risk, and our Terms of Use no longer apply. We recommend reviewing the terms and privacy policies of any external websites or content.
Any purchases made through Third-Party Websites are between you and the third party. We are not responsible for these transactions or any harm that may come from them. Additionally, you agree to hold us harmless from any losses or harm related to Third-Party Content or Third-Party Websites.
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Site Management
We have the right, but not the obligation, to:
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Monitor the Site for violations of these Terms of Use.
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Take legal action against anyone who violates the law or these Terms of Use, including reporting them to authorities.
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Refuse or limit access to, or disable any of your Contributions or parts of them at our discretion.
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Remove or disable any files or content that are too large or harmful to our systems, without notice or liability.
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Manage the Site in ways that protect our rights and ensure it works properly.
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Privacy Policy
We care about your privacy and data security. Please review our Privacy Policy at this link. By using the Site, you agree to follow our Privacy Policy, which is part of these Terms of Use.
The Site is hosted in the United States. If you access it from another region with different data protection laws, you are transferring your data to the U.S. and agree to have it processed there.
We do not knowingly collect information from children or market to them. If we learn that anyone under 13 has provided personal information without parental consent, we will delete it as quickly as possible in accordance with the U.S. Children’s Online Privacy Protection Act.
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Copyright Infringements
We respect intellectual property rights. If you believe any material on the Site infringes your copyright, please notify us immediately using the contact details below. A copy of your notification will be sent to the person who posted the material.
Please be aware that under the law, you may be held responsible for damages if you make false claims in your notification. If you’re unsure whether the material infringes your copyright, we recommend contacting an attorney before proceeding.
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Term and Termination
These Terms of Use remain in effect while you use the Site. We can, at our discretion and without notice, deny access or use of the Site to anyone, for any reason, including violations of these terms or applicable laws. We may also terminate your participation in the Site, delete your account, or remove your content at any time.
If we suspend or terminate your account, you cannot create a new account under your name or any other name, even if it's on behalf of someone else. We may also take legal action if needed, including civil, criminal, or injunctive steps.
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Modifications and Interruptions
We have the right to change, modify, or remove content on the Site at any time without notice. We are not obligated to update any information on the Site. We may also modify or discontinue the Site or parts of it without notice. We are not liable for any changes, price adjustments, suspension, or discontinuation of the Site.
The Site may not always be available. We may experience issues or need maintenance that causes interruptions or delays. We are not responsible for any inconvenience caused by not being able to access the Site during downtime or discontinuation. We are not obligated to maintain, update, or correct the Site.
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Governing Law
These Terms of Use and your use of the Site are governed by the United States of America and the laws of the State of Utah, without considering its conflict of law principles.
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Dispute Resolution
Informal Negotiations:
Before starting formal legal action, both parties agree to try to resolve any disputes informally for at least 30 days after one party sends a written notice.
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Binding Arbitration:
If the dispute isn't resolved through negotiations, it will be resolved through binding arbitration. This means no court trial or jury. Decisions made through binding arbitration are final. The arbitration will follow the rules of the American Arbitration Association (AAA) and will be conducted in Salt Lake County, Utah.
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Court Proceedings:
If arbitration isn’t used, the dispute will go to court in Cache County, Utah. Both parties agree to this jurisdiction.
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Time Limit:
Disputes must be filed within one year from the date the issue occurred.
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Restrictions:
Arbitration is only between the parties involved and can’t include class actions or group claims.
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Exceptions to Arbitration:
Some disputes are not subject to arbitration:
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Intellectual property issues
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Theft, piracy, privacy violations, or unauthorized use
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Claims for injunctive relief (court orders to stop actions)
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If any exception is found unenforceable, the dispute will be decided in court in Cache County, Utah.
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Corrections
The Site may contain typographical errors, inaccuracies, or omissions, including but not limited to descriptions, pricing, availability, and other information. We reserve the right to correct any such errors, inaccuracies, or omissions and to update or modify the information on the Site at any time, without prior notice.
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Disclaimer
The Site is provided on an "AS-IS" and "AS-AVAILABLE" basis. You agree that your use of the Site and our services is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations regarding the accuracy or completeness of the Site’s content or the content of any websites linked to the Site and assume no liability or responsibility for any:
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Errors, mistakes, or inaccuracies of content and materials;
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Personal injury or property damage, of any nature, resulting from your access to and use of the Site;
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Unauthorized access to or use of our secure servers and/or any personal and/or financial information stored therein;
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Interruption or cessation of transmission to or from the Site;
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Bugs, viruses, Trojan horses, or similar items transmitted to or through the Site by any third party;
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Errors or omissions in content and materials or any loss or damage incurred as a result of the use of content posted, transmitted, or otherwise made available via the Site.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We are not a party to or responsible for monitoring any transaction between you and any third-party providers of products or services. As with any purchase, you should use your best judgment and exercise caution as appropriate.
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Limitations of Liability
We, along with our directors, employees, and agents, will not be responsible for any damages to you or others, including lost profits, lost revenue, or data loss, resulting from your use of the Site.
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Indemnification
You agree to protect and hold us harmless, including our affiliates, officers, employees, and agents, from any loss, damage, or legal claims caused by: (1) your contributions, (2) your use of the Site, (3) your breach of these Terms of Use, (4) violations of your representations and warranties, (5) any violation of third-party rights, or (6) harmful actions toward other users. We reserve the right to take control of defending any claims at your expense, and you agree to cooperate in the defense. We will notify you if we become aware of any claim that requires this indemnification.
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User Data
We will store certain data you provide to manage the Site and track your usage. While we regularly back up data, you are responsible for any data you send or related to your activity on the Site. We are not liable for any loss or corruption of your data, and you waive any claims against us for such loss or corruption.
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Electronic Communications, Transactions, and Signatures
By using the Site, sending us emails, and filling out online forms, you agree to receive electronic communications. All agreements, notices, and other communications we send to you electronically (via email or the Site) meet any legal writing requirements. You agree to use electronic signatures, contracts, and records for transactions made on the Site. You waive any rights requiring original signatures or non-electronic records.
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California Users and Residents
If we don't resolve your complaint to your satisfaction, you can contact the Complaint Assistance Unit of the California Department of Consumer Affairs at:
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Address: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
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Phone: (800) 952-5210 or (916) 445-1254
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Miscellaneous
These Terms of Use, along with any posted policies or rules, form the complete agreement between you and us. If we don’t enforce a right or provision, it doesn’t waive that right. We can assign our rights and obligations to others at any time. We aren’t responsible for issues outside our control. If any part of these Terms is found to be unlawful or unenforceable, the rest remains valid. There’s no joint venture or partnership between us. You agree that these Terms can’t be used against us simply because we wrote them.
By using this site, you acknowledge that the information provided is general and not for individual medical advice. Always consult with a medical provider to determine the best course of action for your personal situation.
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