Terms of use.

Acceptance of the Terms of Use

These Terms of Use (“Terms”) are entered into by and between you and Popflow Studios (Yoga on C, LLC) (“Company,” “we,” “us,” or “our”). These Terms, together with any policies and documents incorporated by reference, govern your access to and use of popflow.com (the “Website”), including all content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

By using the Website, or by clicking to accept or agree to these Terms when the option is presented, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Website.

This Website is offered and available to users aged 13 or older who reside in the United States or its territories. By using the Website, you represent and warrant that you meet these requirements.

Website-only scope; Studio Terms & Participant Waiver

These Terms govern Website use only. Participation in any in-studio or virtual classes, workshops, trainings, memberships, or events offered by Popflow Studios is governed by our separate Studio Terms & Conditions and Participant Waiver of Liability, which must be accepted and signed prior to participation. If you register for or attend any class or event, you agree to be bound by those separate terms and the waiver. For details, please review the Studio Terms & Conditions and Waiver provided at point of purchase/registration or upon request at the studio. See also our Refund & Cancellation Policy.

Health & wellness disclaimer

Content on the Website is for general informational and educational purposes only and is not medical advice. Consult your physician before starting any exercise, yoga, pilates, sculpt, or wellness program. Participation is at your own risk.

Changes to the Terms

We may update these Terms at any time in our sole discretion. All changes are effective upon posting and apply to all access and use thereafter. Your continued use of the Website means you accept the changes. Please check this page periodically.

Accessing the Website; account security

We may withdraw or modify the Website without notice. We are not liable if any or all of the Website is unavailable at any time. You are responsible for: (i) obtaining access to the Website; and (ii) ensuring all persons who access the Website through your connection comply with these Terms.

If you receive or create login credentials, you must keep them confidential and not share them. We may disable credentials at any time if we believe you have violated these Terms.

Intellectual property rights

The Website and all content and functionality (including text, images, logos, video, audio, designs, and the arrangement thereof) are owned by Popflow Studios (Yoga on C, LLC) or its licensors and are protected by U.S. and international intellectual property laws. You may use the Website for personal, non-commercial use only and may not copy, reproduce, distribute, modify, create derivative works, publicly display, or exploit any content without our prior written permission, except for standard browser caching or a single personal print copy of reasonable pages.

Trademarks

Popflow Studios and related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates/licensors. You may not use such marks without prior written permission. Other names and marks are the property of their respective owners.

Prohibited uses

You agree not to use the Website:

• In violation of applicable law.
• To exploit or harm minors.
• To send spam or unsolicited promotions.
• To impersonate any person or entity.
• To interfere with or disable the Website.
• To introduce viruses, malware, or harmful code.
• To attempt unauthorized access to the Website or related systems.
• In any way that restricts or inhibits others’ use or that we deem harmful.

User contributions

If the Website permits posting or submitting content (“User Contributions”), you grant the Company a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, perform, display, distribute, and otherwise disclose such content. You represent and warrant that you own or control all rights in your User Contributions and that they comply with these Terms and our Content Standards.

Monitoring; enforcement

We may remove or refuse to post any User Contributions, disclose your identity when legally required or appropriate, take legal action for violations, and suspend or terminate Website access at our discretion.

Content standards

User Contributions must comply with all applicable laws and must not be defamatory, obscene, harassing, hateful, discriminatory, infringing, deceptive, or otherwise objectionable; must not promote illegal activity; must not impersonate others; and must not suggest our endorsement without permission.

Copyright infringement (DMCA)

If you believe your copyrighted work has been used on the Website in a way that constitutes infringement, send a DMCA notice containing the elements of 17 U.S.C. §512(c)(3) to our Designated Agent:

Reliance on information posted

Website content is provided for general information only. We do not warrant its accuracy, completeness, or usefulness, and reliance is at your own risk.

Privacy

Your use of the Website is subject to our Privacy Policy. If you are a California resident, you may have rights under the CCPA/CPRA. If you access from the EU/UK, certain GDPR rights may apply. We process data as described in our Privacy Policy. For cookies and tracking technologies, see our Cookies Policy.

Linking & social features

You may link to the Website home page in a fair and lawful manner that does not damage our reputation or imply endorsement. We may provide social sharing features subject to any additional terms. We may withdraw linking permission or disable features at any time.

Third-party links

The Website may contain links to third-party sites for convenience. We do not control and are not responsible for those sites or any loss or damage arising from their use.

Geographic restrictions

The Website is controlled from California, USA, and intended for users located in the United States. Access outside the U.S. is at your own initiative and risk, and you are responsible for compliance with local laws.

Disclaimer of warranties

THE WEBSITE AND ALL CONTENT/SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, POPFLOW STUDIOS (YOGA ON C, LLC), ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE WEBSITE, EVEN IF FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; SOME LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, licensors, and service providers, and their officers, directors, employees, contractors, and agents, from and against any claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including your User Contributions.

Governing law; venue

These Terms and any disputes arising out of or related to them or the Website are governed by the internal laws of the State of California, without regard to conflict-of-law rules. Exclusive jurisdiction and venue lie in the state and federal courts located in San Diego County, California, and you consent to such jurisdiction and venue.

Mutual arbitration

You and the Company mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Website (a “Dispute”) shall be resolved by final and binding arbitration on an individual basis, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, applying California law. This obligation is mutual and binds you and the Company equally. Arbitration may be conducted in San Diego County, California, by videoconference, or as the AAA rules provide, and judgment on the arbitration award may be entered in any court of competent jurisdiction. Arbitration fees and costs will be allocated as provided in the AAA Consumer Arbitration Rules.

YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS.

Exceptions. Notwithstanding the foregoing, either party may (i) bring an individual claim in small claims court if it qualifies; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights. Nothing in this section waives any right to seek public injunctive relief to the extent such right cannot be waived under California law.

Severability of waiver. If the class or representative action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall be severed and may proceed in court, and all remaining Disputes shall proceed in arbitration.

Limitation on time to file claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED. WHERE APPLICABLE LAW PRESCRIBES A LONGER LIMITATIONS PERIOD THAT CANNOT BE SHORTENED BY AGREEMENT, THAT LONGER PERIOD WILL APPLY TO THE EXTENT REQUIRED BY LAW.

Waiver; severability

No waiver by the Company of any term is a waiver of any other term or subsequent breach. If any provision is held invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Entire agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Popflow Studios (Yoga on C, LLC) regarding the Website and supersede all prior and contemporaneous understandings regarding the Website.

Contact information