FlowFitness E-Sign Disclosure Agreement
E-Sign Disclosure Agreement
This E-Sign Disclosure Agreement ("Disclosure") is an integral part of NovaRidge Commerce LLC, doing business as FlowFitness ("FlowFitness") Terms and Conditions ("Agreement") governing your ("Merchant," "User," or "you") use of the FlowFitness Services, and applies to all notices, signatures, disclosures, statements, and other communications ("Communications") provided by FlowFitness to you regarding the Services.
Any terms not defined herein shall have the meaning ascribed to them under the Agreement.
FlowFitness and Merchant shall each be individually referred to as a "party" and collectively as the "parties."
Capitalized terms used but not defined shall have the meaning ascribed to them under the Agreement.
By using the Services, you agree to this Disclosure and confirm your consent to:
(a) receive Communications electronically; and
(b) use electronic signatures.
Your consent to receive electronic Communications includes, but is not limited to:
All legal and regulatory Communications associated with your FlowFitness Portal and the Services.
Agreements and notices required to use the Services, including the Agreement.
Payment authorizations and transaction receipts or confirmations; periodic billing statements, account history reports, or other Communications we may include as part of providing the Services.
Letters, notices, and alerts regarding the Services and any changes to the Services.
Federal and state tax statements and documents.
Other Communications in connection with (a) your application for the Services; (b) your FlowFitness Portal; or (c) collection of funds.
The Visitor, Merchant, and End User shall all be referred to herein as "you" unless otherwise specified.
1. Requesting Paper Copies
We will not send a paper copy of any Communications unless you request it or we otherwise deem it appropriate.
You may obtain a paper copy by printing it yourself or by requesting that we mail you one.
To request a paper copy of any Communication, contact us at:
Please specify which Communication you are requesting.
We may charge a reasonable service fee for mailing paper copies.
We reserve the right, but assume no obligation, to provide a paper copy instead of an electronic copy of any Communication.
2. Method of Providing Communications in Electronic Form
All Communications we provide electronically may be delivered:
(a) via email;
(b) by posting on our website (to the extent permitted by law);
(c) by notification through the FlowFitness Portal;
(d) by requesting you to download a PDF file;
(e) by sending a text message to the mobile number you provided (if applicable);
(f) through another electronic format.
Charges may apply to Communications sent by text message or other electronic means.
3. How to Withdraw Consent
You may withdraw your consent to this Disclosure at any time by emailing:
Withdrawal will be effective after a reasonable processing period.
The validity and enforceability of Communications previously provided electronically will not be affected.
IF YOU WITHDRAW YOUR CONSENT, YOU MAY NOT BE ABLE TO USE THE SERVICES.
4. Hardware and Software Requirements
To access and retain electronic Communications, you must have:
Sufficient electronic storage capacity on your device
An active email account
A device capable of accessing the Internet
A supported web browser
Software capable of viewing PDF files (if applicable)
5. Updating Contact Information
You are responsible for providing accurate and complete contact information and promptly updating any changes.
You may update your contact information by emailing support@myflowfitness.com or through your account portal.
We are not responsible for failure to receive electronic Communications due to outdated or incorrect contact information.
6. Records Retention
All Communications provided electronically or in paper format will be considered "in writing."
You should print or download copies of this Disclosure and any other important Communications for your records.
7. U.S. Federal Law
You acknowledge and agree that the Services are subject to the federal Electronic Signatures in Global and National Commerce Act ("E-SIGN Act"), and that the E-SIGN Act applies to validate electronic transactions related to the Services.
8. Termination / Changes
We reserve the right, in our sole discretion, to discontinue electronic Communications or to change the terms under which they are provided.
If we do so, we will provide notice as required by law.
9. Consent
YOU HEREBY GIVE YOUR AFFIRMATIVE CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS AS DESCRIBED IN THIS DISCLOSURE.
YOU FURTHER AGREE THAT YOUR DEVICE SATISFIES THE HARDWARE AND SOFTWARE REQUIREMENTS SPECIFIED ABOVE AND THAT YOU HAVE PROVIDED A CURRENT EMAIL ADDRESS AT WHICH WE MAY SEND YOU ELECTRONIC COMMUNICATIONS.
