Policy & Terms
TERMS AND CONDITIONS
All customers of Aviva Flow (also referred to as “we”, “us” and “our”) and visitors to www.avivaflow.com.com are subject to the following terms and conditions (the “Terms of Service”). Please read the Terms of Service carefully before using the services offered by Aviva Flow as it contains important information regarding your legal rights, remedies and obligations. By visiting our website or using our services, you agree that you have read and agree to be bound by and a party to the Terms of Service and agree to abide by all applicable laws and regulations. If you do not agree to all of the terms and conditions hereto, then you may not access our website and please immediately discontinue your use of our services. We reserve the right to discontinue any part of the Aviva Flow website or our services at any time.
Section 1 – General Statement on Privacy, Personal Data and Communications
When you visit the Aviva Flow website or communicate with Aviva Flow via email, you are communicating electronically. You consent to receive communications from Aviva Flow electronically. We may communicate with you by email or by posting information on the website. You understand and agree that all agreements, notices, disclosures, and other communications that we provides you electronically will satisfy any legal requirement that such communication is in written form.
Section 2 – Modifications to the Terms of Service
Aviva Flow reserves the right, in its sole discretion, to update, change, modify or revise any part of these Terms of Service, and you agree to be bound by such modifications or revisions. It is your responsibility to check these Terms of Service periodically for changes. Your continued use or access to the website following the posting of any changes to these Terms of Service constitutes acceptance of those changes. Aviva Flow may also, in the future, offer new services and/or features through the website and any such features and/or services shall be subject to the terms and conditions of these Terms of Service.
Section 3 – Fees for Services/Reservations
You acknowledge that Aviva Flow charges fees for its services. All purchases are final, non-refundable, and non-transferable. No refunds or credits are provided, except as provided below. Aviva Flow reserves the right to changes its fees from time to time in the future. We accept most major credit cards. If you fail to pay any charges or fees when due, Aviva Flow may terminate your privileges at any time, without any warning and you will not be entitled to a refund of any unused portion of your series or other fees. Moreover, you shall be responsible and liable for any fees, including collection costs and attorney’s fees, that we may incur in an effort to collect any unpaid balances from you.
Section 4 – Cancellation Policy
In order to cancel a space reserved in an Aviva Flow class and to receive a credit for any payments received for the class, you must cancel your reservation 24 hours prior to the class time. If you cancel 24 hours prior to the class time, you will receive credit for the payment received to be used at a future date. If you do not cancel 24 hours prior to the class time, you will not receive any credit.
For studio classes, please make sure you arrive 15 minutes prior to the class time to get checked in at the studio. In fairness to all customers, if you are not signed in at the studio 5 minutes before the class begins, you may lose your reserved spot. Aviva Flow classes start on time and we do not allow late entry in order to avoid disruptions.
Section 5 – Privacy
User Provided Information
We collect personally identifiable information such as names, postal addresses, email addresses, credit card information, etc. when such information is voluntarily submitted by visitors to our website. We might also obtain personal information directly from you when you choose to register with our website, register for classes, or make any purchases thereon. Moreover, personal information may be transmitted as part of a form submission or in connection with other activities or services available on our website. All personal information must be voluntarily submitted by the user. You can help Aviva Flow maintain the accuracy of your personal information by updating it when you change any such information.
Aviva Flow may use the information provided to contact you with important information, mandatory notices, or any other marketing or promotional correspondence we deem applicable.
Automatically Collected Information
When you visit our website or use our services, certain information may automatically be collected through the browser or potentially from other commercially available sources, such as carriers or third party data aggregators. This data may be used to manage the website, track usage, and improve our website or services. All of the information we collect about you may be combined to help us tailor our communications to maximize your customer experience with Aviva Flow.
Use of Information
We use the information we collect to provide the products and services you request, to tell you about other products and services offered by Aviva Flow and to manage our website and services. For example, we may use the information we collect about you to process payments, create and manage your account, protect against or identify possible fraudulent transactions, develop new products and services, develop and provide tailored advertising, further optimize the effectiveness of the website and the overall Aviva Flow experience, or to enforce the Terms of Service and otherwise manage our business. We may also record information about your usage of the Aviva Flow website. If you are logged in, we may associate that information with your account. Moreover, we may use web beacons in HTML-based emails sent to our users to track which emails are opened. We may also use your email address to send update, newsletters, or other Aviva Flow news. We reserve the right to send you important notices about your account, even if you opt out of all voluntary email notifications.
Aviva Flow is committed to keeping personal information secure. We provide technical, administrative and physical procedures in place to protect personal information we process and maintain. We limit the access to personal information to authorized employees and contractors who have a business need to know that information. We take reasonable steps and use industry standard methods to protect and safeguard all personal information. Nevertheless, no security system can prevent all potential breaches.
If you are concerned about cookies, your browser may be able to be set to accept or decline cookies. Most browsers automatically accept cookies. But you may be able to set your browser to reject cookies, although that may make some functions of the Website unusable.
Privacy of Minors
Children under the Age of 18: The Aviva Flow website is not intended for anyone under the age of 18. We do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under the age of 18, please do not attempt to register on our website or send any personal information about yourself to us, including your name, address, telephone number or email address. Any registration by, use of, or access to the website by anyone under the age of 18 is unauthorized, unlicensed and in violation of the Terms of Service. If we learn that any personal information has been submitted from anyone under such age, we will delete that information as quickly as reasonably possible. If you believe that this situation has occurred, please contact us at firstname.lastname@example.org.
Section 6 – Intellectual Property Rights
The content on the Aviva Flow website, including, without limitation, data, text, graphics, interactive features, logos, photos, videos, sounds, software, and all other materials, as well as the selection, organization, compilation and overall look and feel of the Aviva Flow website (collectively, the “Materials”) are the intellectual property of Aviva Flow, our licensors and our suppliers. The Materials are protected by copyright, trade dress, patent, trademark, other applicable laws, and proprietary rights. All ownership rights to the Materials remain with Aviva Flow, our licensors and our suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to Aviva Flow or our affiliates and/or third party licensors. You agree not to sell, license, distribute, copy, download, modify, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials without the prior written consent of the respective owners of such Materials.
Section 7 – Optional Tools/Third Party Links
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools and we assume no responsibility for the content, privacy, policies or practices of any third-party sites. Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Any new services and/or features offered through the website in the future shall also be subject to the Terms of Service.
Certain content, products, and services available via our website may include materials from third-parties for which we are not responsible for examining or evaluating the content or accuracy thereof. We are not responsible for the content of any third-party links or off-site pages that are not affiliated with us. Although a third-party website may contain the Aviva Flow logo, please understand that it is independent from us and that we do not have control over the content of that website. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review all third-party policies and make sure you fully understand them before you engage in any transactions. All complaints, concerns or questions regarding third-party sites should be directed to that third-party.
Section 8 – Disclaimer of Warranties; Limitation of Liability
The Aviva Flow website is provided “as is”. Aviva Flow and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee, represent or warrant that your use of our website or our services will be uninterrupted, timely, secure, or error-free. You expressly agree that your use of the, or inability to use, the service is at your sole risk. Aviva Flow cannot guarantee and does not promise any specific results from the use of the Aviva Flow website or our services. Aviva Flow makes no warranty as to the results that may be obtained from the use of the services, or as to the accuracy, reliability, security or content of any information or service contained in or provided through the services.
In no event will Aviva Flow, our direct and indirect parent, affiliate entities, and each of their respective officers, directors, members, shareholders, employees, instructors, teachers, staff, representatives, consultants, and agents, and each of their respective successors and assigns and all others, be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special, or consequential damage of any kind, including, without limitation lost profits, lost revenue, lost savings, lost data, lost programs, business interruptions, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the website, our services, or for any other claim related in any way to your use of the website or our the services. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law. You specifically acknowledge that Aviva Flow shall not be liable for defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests solely with you.
Section 9 – Waiver and Release
By signing up for and/or attending classes, activities, events, and other programs (collectively, the “Classes”) and by using the premises, facilities, equipment, or any other venue or location where Aviva Flow is providing services (collectively, the “Facilities”) of Aviva Flow, you hereby acknowledge on behalf of yourself, your heirs, executors, personal representatives and/or assigns, that there are certain inherent risks and dangers in the practice of activities in connection with the Classes and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You further acknowledge that the specific risks vary, but can range from (1) minor injuries (including but not limited to, scratches, bruises, sprains, etc.); (2) major injuries (including but not limited to, eye injury, loss of sight, joint or back injuries, heart attacks, concussions, etc.) and (3) catastrophic injuries (including but not limited to paralysis and death). You hereby agree that at all times, you shall comply with all stated and customary terms, posted safety signs, rules, and any other verbal instructions provided by staff. If at any time a member of Aviva Flow’s staff determines (in their sole discretion and authority), that you may be at physical risk to participate in Aviva Flow’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you provide Aviva Flow with a medical opinion letter from a physician (at your sole cost and expense) stating that you are allowed to participate. Aviva Flow reserves the right to reject you or any other student from participating in any of the Classes.
In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (a) agree to assume full responsibility for any and all injuries or damages which are sustained or aggravated by you in relation to the Classes and Facilities; (b) release, indemnify, and hold harmless Aviva Flow, its direct and indirect parent, affiliate entities, and each of their respective officers, directors, members, shareholders, employees, instructors, teachers, staff, representatives, consultants, and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities; and (c) represent that you (i) have no medical or physical condition that would prevent you from properly using the Classes and Facilities or that could be aggravated by the Classes and Facilities; (ii) do not have a physical or mental condition that would put you in any physical or mental danger; and (iii) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you do have any chronic conditions or disabilities, you are at risk of using Classes and Facilities, and should not be participating in any Aviva Flow programming.
Section 10 – Indemnification
You agree to indemnify, defend and hold harmless Aviva Flow, and our direct and indirect parent, affiliate entities, and each of their respective officers, directors, members, shareholders, employees, instructors, teachers, staff, representatives, consultants, and agents, and each of their respective successors and assigns and all others harmless from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your breach of the Terms of Service or the documents it incorporates by reference, or your violation of any laws or the rights of a third-party.
Section 11 – Accuracy and Completeness of Information
Aviva Flow is not responsible if information made available on the website is not accurate, complete, or current. The material provided is for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary sources as well. Any reliance on this website is at your own risk.
Section 12 – Termination
The Terms of Service shall remain in full force and effect while you use our website or our services. Aviva Flow may terminate your access to all or any part of the Aviva Flow website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Terms of Service, you may simply discontinue using our services. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnity and limitations of liability.
Section 13 – Assignment
The Terms of Service and any rights and obligations granted hereunder, may not be transferred or assigned by you. Aviva Flow, in its sole discretion, may fully assign the Terms of Service without any restrictions.
Section 14 – Severability
In the event that any provision of the Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions which shall remain in full force and effect. No waiver of any term or condition of the Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term, and Aviva Flow’s failure to assert any rights or provisions hereof shall not constitute a waiver of such rights or provisions.
Section 15 – Governing Law
The Terms of Service, the Aviva Flow website, and your use hereof, shall be governed by and construed in accordance with the laws of the State of California, without regard to California’s choice of law provisions. Any claim or dispute that arises in whole or in part from your use of this website must be brought in the federal or state court located in Los Angeles Country, California, United States, and you hereby consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Section 17 – Contact Information
Please contact us by email at marta.avivaflow.com or by telephone at 617-922-2751 with any questions regarding the Terms of Service.