TERMS & CONDITIONS

Last Updated: 12/03/2025

1. BINDING EFFECT. These Terms and Conditions of Use (“Agreement”) constitute a legally binding agreement between you and FLOWACCEL LLC, a California limited liability company (“Company,” “we,” “us,” or “our”), governing your access to and use of our website located at www.flow-accel.com (“Website”).

BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE WEBSITE. YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE THE WEBSITE UNDER ANY CIRCUMSTANCES.

The Company reserves the right, at its sole discretion, to modify, alter, or otherwise update this Agreement at any time. We will provide notice of material changes by posting the updated terms on the Website with a new “Last Updated” date and, where required by law, by providing additional notice such as email notification to registered users. Material modifications shall be effective thirty (30) days after posting, or upon your continued use of the Website after such notice period, whichever is later, except where prohibited by law. For non-material changes, such modifications shall be effective immediately upon posting. By continuing to use this Website after the effective date of such modifications, you agree to be bound by the revised terms. You should visit this page periodically to review the current terms.

2. WEBSITE USE. You may access and use the Website for lawful purposes only and in accordance with this Agreement. The Website provides information about our business consulting, coaching, and mentoring services offered to businesses and individuals. You agree to comply with all applicable federal, state, and local laws, including California consumer protection laws, in your use of the Website.
   
   
3. RESTRICTIONS. You agree not to: (i) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website; (ii) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (iii) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose; (iv) use any device, software, or routine that interferes with the proper working of the Website; (v) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (vii) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (viii) otherwise attempt to interfere with the proper working of the Website.
   
   
4. INTELLECTUAL PROPERTY RIGHTS. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), excluding User Contributions and third-party content, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You acknowledge that the Website and its content contain proprietary information and materials that are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way except as permitted by these Terms.
   
   
5. LIMITED LICENSE. This Agreement permits you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes; (iii) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution; (iv) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
   
   
6. The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
   
   
7. USER CONTRIBUTIONS AND CONTENT. If the Website allows users to post, submit, publish, display, or transmit content or materials (“User Contributions”), any User Contributions you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose related to the operation and promotion of the Website and our business. You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above; (ii) all of your User Contributions do and will comply with these Terms & Conditions; (iii) User Contributions are not false, inaccurate, or misleading; (iv) User Contributions do not violate any applicable law, regulation, or rule, including California's unfair competition and false advertising laws; (v) User Contributions do not violate the privacy, publicity, intellectual property, or other rights of any third party; (vi) User Contributions do not contain any defamatory, obscene, offensive, or otherwise objectionable content; and (vii) User Contributions do not contain any viruses, malware, or other harmful code.
   
   
8. THIRD-PARTY LINKS AND CONTENT. The Website may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. The inclusion of any link does not imply endorsement, approval, recommendation, or control by the Company of the linked website or its content. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. You acknowledge and agree that you access such third-party websites entirely at your own risk and subject to the terms and conditions of use for such websites. The Company reserves the right to remove any links at any time without notice.
   
   
9. INFORMATION DISCLAIMER. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME. THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
   
   
10. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY CALIFORNIA LAW, THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IN ITS ENTIRETY. IN SUCH CASES, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
    
    
11. NO PROFESSIONAL ADVICE. The information provided on the Website is for general informational purposes only. It is not intended to be professional advice, including but not limited to legal, financial, or business advice. Consulting and advice will only be provided upon engagement of our services. You should consult with a professional advisor before taking any action based on the information provided on the Website.
    
    
12. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
    
    
13. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking on the “Privacy Policy” link at the bottom of the Site. Company’s privacy policy is expressly incorporated into this Agreement by this reference.
14. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
    
    
15. CONFIDENTIALITY AND DATA SECURITY. Any personal information provided to the Company through the Website is subject to our Privacy Policy. However, certain communications between you and the Company may be considered confidential, such as information related to coaching and mentoring services. The Company will implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect confidential and personal information from unauthorized access, destruction, use, modification, or disclosure, as required by California Civil Code Section 1798.81.5. However, no Internet or email transmission is ever fully secure or error-free, and you acknowledge that you provide information at your own risk. The Company may disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (i) comply with a legal obligation, including compliance with valid legal process; (ii) protect and defend the rights or property of the Company; (iii) prevent or investigate possible wrongdoing in connection with the Website; (iv) protect the personal safety of users of the Website or the public; or (v) protect against legal liability.
    
    
16. The Company may terminate or suspend your access to all or part of the Website, without notice, for any conduct that the Company, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or the Company. Upon termination, your right to use the Website will immediately cease. If you wish to terminate your account or your relationship with the Company, you may simply discontinue using the Website.
    
    
17. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
    
    
18. GOVERNING LAW AND JURISDICTION. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the state of California, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
    
    
19. Any disputes arising from this Agreement or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be submitted to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. The arbitration shall take place in [INSERT COUNTY], California. Each party shall bear its own costs and attorneys' fees, and the parties shall share equally the fees and costs of the arbitrator. YOU ARE GIVING UP YOUR RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION PROVISION BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO THE ADDRESS PROVIDED IN SECTION 25 WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THESE TERMS. Alternative dispute resolution proceedings shall be conducted on an individual basis only, not as a class, consolidated, or representative action, except as required by applicable law. However, this class action waiver does not apply to claims brought under California's Private Attorneys General Act (PAGA). Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
    
    
20. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and the Company regarding the use of the Website and supersedes all prior and contemporaneous written or oral agreements between you and the Company.
    
    
21. WAIVER AND SEVERABILITY. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect.
    
    
22. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
    
    
23. RELATIONSHIP OF THE PARTIES. No joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or use of the Website.
    
    
24. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
    
    
25. CONTACT INFORMATION. Questions about the Terms & Conditions should be sent to us at: Joel Jorgensen at joel@flow-accel.com

26. BY USING THE WEBSITE OR OTHER SERVICES PROVIDED BY THE COMPANY, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.