Date of Last Revision: November 15th, 2021
Welcome to Flowation
The Flowation Soulpreneur Marketplace, and its products and services are provided by Intuition Revived, LLC (“Company”). These terms and conditions of use (“Terms”) govern your use of the Company’s websites, mobile applications, products, and services (collectively, the “Services”), and all interactions with our professional members (“Members”) using the Marketplace to sell their goods and services, or promote their business (collectively, “Products”) so please read them carefully.
If you have any questions, please contact us.
We may have to update these Terms in the future when new laws or regulations go into effect, or if the Company adds any new products or services. This page of the website will be modified and the Date of Last Revision will be updated, and all registered users will be notified by email. By continuing to use the Site after we post any such changes, you accept these Terms as modified.
You must be at or over the age of majority in your Country, and capable of forming a binding contract, to use our Services. You may not use this Site under any circumstances if you are under the age of 13, without parental supervision. If you are using the Services on behalf of a company or any other entity, then you are agreeing to the Terms on behalf of that entity, please seek their permission first.
Using our Services does not give you any intellectual property rights over the content you access, and you may not use or copy any content from our site unless you have obtained written permission from its owner, or are explicitly permitted by law. You may not use or copy any branding or logos used in our Services without receiving written permission. To request permission Contact Us. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Do not use our Services on any mobile device in a way that distracts you and prevents you from obeying traffic or safety laws.
Content on our site may be created by Company staff, or our Professional Members (“Members”). This includes, but is not limited to content on: any listings they create, their storefront and Products, and any comments or answers (“Information”) they submit within the Flowation Community Forum. We do not regularly screen or moderate Member content that is published on the site. And cannot guarantee the quality or accuracy of any Information provided by Members. However, if we receive a complaint about Member created content we reserve the right to review it and determine whether it is illegal or violates our policies. If either circumstance exists we will remove that content. If you are concerned by any content on the site please contact us.
The Flowation site is intended to serve as a Marketplace for spiritual-minded vendors to sell their Products and Business users to promote their business activities (“Business Activities”), and for Users to search for these Products and businesses activities as a means to provide guidance to the User with their self-help issues. You may be asked to register to access certain materials, and you agree you will not attempt to access any materials that are restricted to you. It is your obligation to ensure any registration information you provide is correct, and all actions you take on the site do not violate any third-party’s rights. Any passwords you set are for individual use only, and if you select an insecure password the Company will suggest that you change it, but you are solely responsible if your password is hacked on an individual basis.
You may not use this site for any other purpose without the Company’s express prior written consent. For example, you may not iFrame this site to appear as a part of your site, or use Company branding on your site alongside your own branding to give users the impression that your site is a Company endorsed site or part of the Flowation site. If you are not clear about the restrictions above or want to inquire into your particular use case please Contact Us. You agree not to engage in any actions that will compromise the security of the site or its Users, modify any information on the site that you have not submitted yourself, make the site inaccessible, or in any way damage the site. If you engage in such actions the Company will terminate your account at any time without notice; and reserves the right to cooperate with any legal, business, or administrative entity that requires information about your use of the site to ensure their Users safety and security.
Reviews are not moderated by Flowation prior to being posted, if you have a professional listing on Flowation and have an issue with a review posted on your profile please Contact Us.
If you are a public user of Flowation leaving a review please remember reviews are most useful to others when they include specific details of your experience.
Reviews and stars on Listings or Products may be left by anyone who has purchased from that Member, or that Product. Each User’s review may be very different or be based upon different information. Please use your own discretion when making a decision to work with a Member or purchase a Product based on this information.
A Member Listing or Product being displayed on the Flowation Soulpreneur Marketplace Homepage, Browse our Listings page, Store page, or Flow Lab page is not an endorsement from our Company, or a guarantee of the Member’s competency in their profession, or efficiency of the Product. All Flowpreneur level Member’s Listings and Products qualify to be rotated through on any of the aforementioned pages.
This site may contain links to other sites submitted by Users or Business Users that are not affiliated with or maintained by the Company. The Company does not screen or review these links, and visibility of these links does not imply the Company’s endorsement of the quality or safety of that site. Please click on these links at your own discretion, with the understanding that you will be leaving the Flowation site and subject to the Terms of the linked site.
The Information provided through our Services is intended for general informational purposes only and should be used only as a starting point for addressing your self-help issues. Interacting with Members in the Community Forums is being conducted in a public forum and does not provide you confidentiality, and does not create a professional relationship under which the Member owes you a professional obligation or service. You must seek out their service and follow their procedure for developing a professional relationship with them for any contractual obligations to exist on their behalf.
Flowation is a platform where businesses unaffiliated with the Company can offer information and interact with consumers. We provide a number of methods by which you can purchase Member services. Most of these methods involve the Company processing a transaction on your behalf, in all instances, the Company is simply the intermediary in such transactions. The fees you pay for such services are charged by the Member and passed through to the Member once services have been rendered. Any professional relationship formed as a result of such discussions is between you and the Member you speak with—not between you and the Company. Furthermore, you understand that the Company cannot be held responsible for the quality or accuracy of any information or services provided by Members you connect with via Flowation.
Flowation offers subscription services for businesses, including, but not limited to our: Heartpreneur, Lightpreneur and Flowpreneur business user plans (“Business Services”). By selecting a Business Service you agree to pay the Company the subscription or transaction fees (the “Subscription Fees”) indicated for that service. You agree to provide the Company with a valid payment method from which the Company will automatically charge Subscription Fees as they become due. Flowation offers a free trial, without a credit card require, of some plans. If you subscribe to a free trial and do not update your payment method your account will be archived until such date that you update your payment method. If you update your payment method after a free trial, then Subscription Fees will be charged on the day you enter your credit card information and will cover the use of that service for the period indicated. If you are subscribed to one of our Business Services you agree that monthly payments will continue to be charged to your payment method on a recurring basis until you cancel that service. The amount of the monthly recurring charge will be the then-current Subscription Fee applicable to the plan level you selected. You acknowledge that the amount of the recurring charge may increase if the applicable Subscription Fee increases; unless you signed up through a promotional link that guaranteed you a discounted price contingent upon your continued Subscription to that plan. If your payment method fails or your account is past due, the Company reserves the right to either suspend or terminate your Business Services. Any such suspension or termination will result in the cancellation of any discounted pricing applied to your Business Services. For disputes regarding a charge please contact us and fill out the billing support form within 40 days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
Business Services must be cancelled prior to your monthly renewal in order to avoid billing of the next month’s Subscription Fee.
Business Services may include the publication of advertising or website content you provide to us (the “Business Services Content”). You retain all rights in, and are solely responsible for, the Business Services Content posted on Flowation or websites supported by the Company. You give the Company, our affiliates, providers of third-party services, and subcontractors a non-exclusive, fully-paid, perpetual, royalty-free, transferable, revocable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute the Business Services Content (in whole or in part) in providing the Services.
It is solely the responsibility of our Members to ensure that any information or advertisements they post or place on, or through, the Flowation website (including without limitation any professional information), and any communications they may have with prospective clients through their listing, store or community, fully complies with all applicable laws and rules of professional conduct applicable to their industry.
The Content and Information (“Content”) on all Company-owned or operated websites is the proprietary property of the Company or our Business Users. The right, title and interest in all Content belong to the Company or Business User that created and submitted said Content, and the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Company or Business User; with the exception that you may print out a copy of any Content solely for your personal learning use. You are prohibited from using any of the trademarks or logos appearing throughout the site without the express written permission of our Company or the party to whom the mark or logo belongs. Please Contact us if you have questions.
This site is protected by U.S. and international copyright laws. All copyrights belong to the Company or any Business Users who have submitted those copyrights on the site.
We respond to notices of alleged copyright infringement and terminate accounts of copyright infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
If you believe that any material on the Site infringes upon any copyright which you own or control, or that a notice of copyright infringement has been wrongly filed against you with the Company, you may file a DMCA Notice or Counter-notice of Alleged Infringement with the Company’s Designated Copyright Agent:
Intuition Revived, LLC Copyright Agent
c/o Intuition Revived, LLC Legal Department / Simran Bhatia
Please ensure that all notice or counter-notices meet current DCMA requirements listed here.
While the Company strives to provide—and to allow Members to provide—useful information regarding spiritual topics, products, events, and services, there are some things that we cannot guarantee. You acknowledge that such information consists of third-party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, and that information may be incomplete, may contain inaccuracies, or may be based on opinion. the Company DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, the Company AND ITS STAFF, SALES ASSOCIATES, AND AFFILIATES MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES OR SOFTWARE. THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS.” the Company ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL the Company OR ANY OF ITS STAFF, SALES ASSOCIATES, AND AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR SOFTWARE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES OR SOFTWARE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF LEGAL INFORMATION.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF the Company, AND ITS STAFF, SALES ASSOCIATES, AND AFFILIATES, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES OR SOFTWARE, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO BUSINESS SERVICES.
Flowation includes interactive areas, such as the Flowation Community, or reviews section of each listing and store, in which you may post content and information, including endorsements and user reviews, questions and answers, comments, photos, and other materials (the “User Content”). You are also solely responsible for your use of such interactive features, and use them at your own risk, and agree to comply with the Flowation Community Guidelines during your use.
You retain all rights in and are solely responsible for, the User Content you post to Flowation, and guarantee you have the legal right to post said Content. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies; including, but not limited to:
You understand that the Company does not warrant any files available for download will be free of viruses, etc. that may damage your computer upon download. Please use your discretion when downloading materials from the site as you are solely responsible for any potential negative impacts a file may have.
When you post User Content to Flowation, you give the Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a profile on the Flowation platform, the foregoing license includes a right to reproduce your profile, and any name, likeness, or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
You agree to defend, indemnify and hold harmless the Company, its corporate affiliates, independent contractors, sales associates, service providers and consultants, and each of their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party. We do not make any representations regarding the results a User may obtain from using the site or Content provided by Business Users. All Content on this site is meant for educational purposes only. You should not rely on this information as a substitute for professional medical or mental health advice, diagnosis or treatment; or financial advice and consultation.
the Company may revise these Terms from time to time and we will always post the most up-to-date version on our website. If we update the terms we will send an email to the email address you have registered for your Flowation account with. By using or continuing to use or access the Services after any revisions have come into effect, you agree to be bound by the revised Terms.
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
We hope we never have a dispute, but if we do, you and the Company agree to the terms below. You must first send us a Notice of Dispute describing the nature and basis of the claim or dispute and the specific relief sought. This notice may be sent via email to: uplevel@Flowation.com. We will attempt to resolve this dispute within 14 days. If the issue remains unresolved within that time period the terms below will apply:
If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the International Center for Dispute Resolution (“ICDR” but hereinafter referred to as “AAA”) for any Users located outside of the U.S.A., and American Arbitration Association (“AAA”) for all U.S.A. located Users, under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Claims shall be heard by a single arbitrator. The arbitrator(s) shall be someone who currently, or formerly, worked within the alternative healing or self-help industries.. The place of arbitration shall be Lake Forest, IL, USA. The arbitration shall be governed by the laws of the State of Illinois. If the dispute is related to a billing issue there shall be no discovery other than the exchange of documents. If the dispute is related to a different topic, discovery shall consist of no more than 2 depositions of 1 hour or less. In making determinations regarding the scope of exchange of electronic information, the arbitrator(s) and the parties agree to be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days. Arbitrator(s) shall agree to these limits prior to accepting appointment. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Notwithstanding any language to the contrary in the contract documents, the parties hereby agree: that the Underlying Award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.
NO CLASS ACTIONS: You may only bring individual claims. Under no circumstances are you allowed to bring a claim as a plaintiff or a class member in a class. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity are not allowed. Any combining of individual proceedings must have the consent of all parties.
The laws of the State of Illinois, excluding its conflict of law provisions, will apply to any disputes arising out of or relating to these Terms or the Services.
Notwithstanding any of these Terms, the Company reserves the right, to terminate your license to use the Services and to block or prevent your access to and use of the Services. You will be provided a written notice about Company’s decision to terminate your services and why. If your account is terminated because the Company believes you have engaged in copyright infringement, providing fraudlent services, or have negligently caused harm to its users then the Company reserves the right to restrict your access to obtain a copy of any data or communications you stored or effected via the Services, or any other data.
These Terms constitute the entire agreement between you and the Company with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. These Terms create no third-party beneficiary rights.
The Company’s failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable Term or Terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. The Company may assign its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services.