Policies & Agreements
Terms of Service
DISTRICT FLOW TERMS OF SERVICE
Last updated December 27, 2024.
Please read these Terms of Service carefully. This is a legal document that explains your rights and obligations related to your use of Yoga Factory LLC (dba District Flow) Services, as that term is defined below.
These Terms of Service apply to all users of the Services and govern your use of the Services as well as the products and activities that are offered by us, including those offered on or through the Services. These Terms of Service incorporate the District Flow Student Membership and Class Package Agreement, District Flow Student Waiver, and District Flow Privacy Policy, and include legal terms, releases, waivers, and disclaimers.
AGREEMENT TO OUR LEGAL TERMS
We are Yoga Factory LLC dba District Flow, doing business as District Flow ("Company," "we," "us," "our"), a company registered in the District of Columbia, United States at 405 8th St. SE, Second Floor, Washington, DC 20003, United States.
We operate the website http://www.districtflowyoga.com (the "Site"), the mobile application District Flow (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by email at info@districtflowyoga.com or by mail to 405 8th St. SE, Second Floor, Washington, DC 20003, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” the “member,” the “student,” the “user”), and Yoga Factory LLC dba District Flow, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
District Flow reserves the right to modify or add to these Terms of Service at any time, effective as of the posting of the new terms or a later date as may be specified in the new terms. You agree that we may provide you with notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by info@districtflowyoga.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
We therefore encourage you to review these Terms of Service every time you use the Services. We may also provide notice to you of any update to these Terms of Service in other ways at our discretion, such as through contact information you have provided, all in accordance with applicable laws and our Privacy Policy.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
8. USER GENERATED CONTRIBUTIONS
11. MOBILE APPLICATION LICENSE
13. THIRD-PARTY WEBSITES AND CONTENT
17. MODIFICATIONS AND INTERRUPTIONS
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
26. CALIFORNIA USERS AND RESIDENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
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access the Services; and
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download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@districtflowyoga.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
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confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
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to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
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warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
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warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- Apple Pay
- Google Pay
- Stripe
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. POLICY
All sales are final and no refund will be issued.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
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Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
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Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
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Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
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Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
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Use any information obtained from the Services in order to harass, abuse, or harm another person.
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Make improper use of our support services or submit false reports of abuse or misconduct.
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Use the Services in a manner inconsistent with any applicable laws or regulations.
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Engage in unauthorized framing of or linking to the Services.
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Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
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Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
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Delete the copyright or other proprietary rights notice from any Content.
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Attempt to impersonate another user or person or use the username of another user.
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Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
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Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
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Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
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Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
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Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
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Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
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Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
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Use a buying agent or purchasing agent to make purchases on the Services.
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Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
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Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
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Use the Services to advertise or offer to sell goods and services.
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Sell or otherwise transfer your profile.
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Create multiple accounts for one user, especially in order to receive a free introductory class.
8. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. When you create or make available any Contributions, you thereby represent and warrant that:
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The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
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You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
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You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
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Your Contributions are not false, inaccurate, or misleading.
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Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
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Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
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Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
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Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
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Your Contributions do not violate any applicable law, regulation, or rule.
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Your Contributions do not violate the privacy or publicity rights of any third party.
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Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
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Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
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Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
9. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
10. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
11. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
12. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
13. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
14. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
15. PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Membership cancellation terms are defined in the District Flow Student Membership and Class Package Agreement and the relevant language is inserted below:
Membership and Membership Cancellation
There is no minimum time commitment required to sign up for this autopay program, and you can pause or cancel your membership at any time before your next billing date. However, please note that if you choose to cancel your membership and re-enroll at a later date, any prior discounts will no longer apply, and you will be subject to the current full membership price. If you received a discount as a member of the military, student, teacher, first responder, or medical professional, you will still be eligible for the applicable discount at the time of re-enrollment, provided you continue to meet the eligibility criteria for that discount. However, if the membership price has increased, the discount will be applied to the new membership rate.
WRITTEN NOTICE IS REQUIRED IN ORDER TO PAUSE OR CANCEL YOUR MEMBERSHIP. If you choose to pause your membership, you can pause for up to 3 months at a time. You can choose to pause or terminate your membership at any time by providing written notification to District Flow before the start of your next billing cycle. Notice of cancellation after the start of a billing cycle will result in the membership extending through the end of that billing cycle, with no refund for the amount charged, and your membership cancellation will take effect on the first day of the upcoming billing cycle. Please email info@districtflowyoga.com with your pause or cancellation request.
In the event of a payment failure, you will receive one notice only to update your payment method and you will not be able to sign up for classes until you have a valid credit card on your account. Our software will not attempt to run your card again. Charges will continue to accrue for each month that your payment is not received, so when a valid card is presented, all past due monthly membership fees will be charged before the account is made current and you are then able to register for a class. PAYMENT FAILURE DOES NOT CONSTITUTE CANCELLATION OF MEMBERSHIP.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
18. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the District of Columbia applicable to agreements made and to be entirely performed within the District of Columbia, without regard to its conflict of law principles.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the District of Columbia. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the District of Columbia, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
20. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,500.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
24. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
28. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Yoga Factory LLC dba District Flow
405 8th St. SE
Second Floor
Washington, DC 20003
United States
–Signature Page Below–
By signing below, the Parties acknowledge having read, understood, and agreed to the terms outlined in these Terms of Service.
YOGA FACTORY LLC (DBA DISTRICT FLOW)
405 8th St. SE, Second Floor
Washington, DC 20003, USA
By: /s/ Lena Manning
Name: Lena Manning
Title: Owner
Date: December 27, 2024
Privacy Policy
DISTRICT FLOW PRIVACY POLICY
Last updated December 30, 2024.
This District Flow Privacy Policy (“Privacy Policy”) for Yoga Factory LLC dba District Flow ("District Flow," "we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") the information you (“you,” the “member,” the “student,” the “user”) provide when you use our services ("Services"), such as when you:
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Visit our website at http://www.districtflowyoga.com, or any website of ours that links to this privacy policy.
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Download and use our mobile application (District Flow), or any other application of ours that links to this privacy policy.
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Engage with us in other related ways, including any sales, marketing, or events.
This Privacy Policy is part of the District Flow Terms of Service, which governs your use of the Services. This Privacy Policy incorporates the District Flow Student Membership and Class Package Agreement, District Flow Student Waiver, and District Flow Terms of Service, and include legal terms, releases, waivers, and disclaimers.
By using the Services, you are consenting to the collection, use, disclosure, and transfer of your information as described in this Privacy Policy. If you do not consent to the collection, use, disclosure and transfer of your information as described in this Privacy Policy, you may not use the Services offered by District Flow. If you have questions about this Privacy Policy, please contact us at info@districtflowyoga.com. You can find additional contact information below.
INFORMATION WE COLLECT
We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.
The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:
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names
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phone numbers
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email addresses
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mailing addresses
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passwords
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contact preferences
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contact or authentication data
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billing addresses
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debit/credit card numbers
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usernames
When necessary, with your consent or as otherwise permitted by applicable law, we process the following categories of sensitive information:
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health data
We may collect data necessary to process your payment if you make purchases, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is stored by Stripe and Mariana Tek. You may find their privacy notice link(s) here: https://stripe.com/privacy and https://www.xplortechnologies.com/us/terms-use.
Information We Collect from Third-Party Sources, Including Social Media Platforms.
We may collect information about you from third party sources. This includes third party booking platforms that you book a District Flow class through, such as ClassPass, GymPass, Fitgrid, Eventbrite, and Wellhub which provide us with your name, contact information, and any applicable consent form you sign when you agree to take one of our classes. Our website, mobile app, or online services offerings also may allow you to register with, log on to, or enhance the profile you create on our website by choosing to automatically populate the requested data fields with information you previously provided to a third-party social media platform (such as Facebook, Instagram, TikTok, or Twitter), or to a third party eCommerce platform such as Stripe. By doing this, you are giving permission for the third-party platform to send us information and for us to collect that information from them, including personal information from your profile on that platform such as your name, email address, and social media user ID, among other information.
Information We Collect Automatically from your Browser or Device.
District Flow collects information that is sent to us automatically by your web browser or mobile device. We may use cookies, pixel tags, clear GIFs, and similar technologies to collect this information from you. The information we collect from you automatically typically includes your IP address, the name of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. The information we receive may depend on your browser or device settings. Generally, we use this information in the aggregate to help us improve our website and make it more compatible with the technology used by our visitors. We also use it to monitor traffic, including usual activity, on our website, mobile app and online services to promote and increase our information security efforts. Information we collect about from you automatically is also used to personalize our service and tailor advertisements to you.
Combination of Information.
We may combine the information we collect from various sources, including from you directly, automatically, or from third parties in an attempt to identify you, or we may combine information we receive from multiple sources into a single profile identifying you. When non-identifiable device information is linked to an individual consumer or household, we will treat it as personal information.
Non-Personal Information.
We may collect and use information that is not personally identifiable, such as information that is aggregated, de-identified or otherwise not personal in nature. We may also take personal information we have collected and de-identify it or compile it so that it is aggregated and no longer personally identifiable in nature.
INFORMATION USE
We may use the personal information we collect from and about you for any of the following purposes:
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to provide the information, products and services you request, including to provide you with classes and yoga products
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to respond to your requests, inquiries, and to provide you with effective customer service
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to offer our website, mobile app, and online service offerings
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to provide you with a personalized experience when you use our website, mobile app, or online service offerings
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to contact you with information and notices related to your use of the services, purchases you make from us, or your use of our website, mobile app, or online service offerings
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to market to you, including by sending you special offers and other information we believe will be of interest to you (in accordance with any privacy and consent preferences you have expressed to us)
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to invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us)
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to improve the content, functionality and usability of our website, mobile app, or online service offerings
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to better understand your needs and interests
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to improve our products and services
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to improve our marketing and promotional efforts
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for security, or fraud prevention purposes
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for any other purpose disclosed to you
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for any other purpose you consent to or direct us to
INFORMATION DISCLOSURE
District Flow may disclose the information we collect from and about you as follows:
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With Service Providers, Vendors, and Consultants. District Flow shares information we collect with third-party service providers, vendors, and consultants who act for us or on our behalf. We use third-party vendors to help us perform business, professional, and technical support functions for us, including to help us design and operate our website, mobile app and online services, conduct surveys, to help us with our marketing and promotional efforts, and to provide us with software, services, and platforms that we use to operate our business, among other reasons.
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To District Flow Employees and Teachers. The information we collect from our about you will be disclosed or accessible to District Flow employees, including instructors of our classes, studio employees and corporate employees.
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Through Technologies Used on our Website. We use certain technologies on our website to offer our products and services. These technologies include cookies, pixels, and clear GIFs (described further below), and session replay technology. Some of these technologies are provided by third parties, or allow third parties to access your information, including your viewing habits and viewing history, browsing habits and browsing history, and other information about your visit to our website, mobile app, or use of our service offerings.
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With Third Party Partners. We may share your information with other organizations who partner with District Flow on certain initiatives. For example, from time to time, we partner with other health or wellness initiatives to co-sponsor an event. At these co-sponsored events, your information may be shared with all sponsors. We may also partner with third parties to sponsor contests or other promotions, and we may share with these third parties the information you submit to us to participate in the contest or take advantage of the promotion.
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To Third Parties for Our Marketing Purposes. We disclose information to third parties who assist us in our marketing efforts by developing target audience creation tools based on information we provide to them about our existing target customers.
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To Third Parties for Their Own Marketing Purposes. We may share your information with third parties for their own marketing purposes, including with third parties that we partner with, as described above. Information we collect automatically through third-party pixels, cookies, and similar technology may also assist both us, and other organizations, with analytics and marketing efforts.
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In aggregate or de-identified form. We use information collected through this Site to create a compiled, aggregate view of usage patterns. We may share aggregate information with third parties so they can better understand our user base. We may also share with third parties information about how particular individuals use our website, mobile app, and online service offerings, but only on a de-identified basis. This de-identified data reflects the usage patterns of a particular website, mobile app, or online services user, as opposed to users collectively.
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As Part of a Business Transfer. Your information may be transferred to a successor organization if, for example, we transfer the ownership or operation of the Services we offer to another organization, if we merge with another organization, or if we liquidate our assets and sell them individually. If such a transfer occurs, we will endeavor to ensure the successor organization’s use of your information will still be subject to this Privacy Policy and the privacy preferences you have expressed to us.
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To Comply with Laws and Protect Our Rights and the Rights of Others. We may disclose your information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order or a subpoena. We may also disclose your information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of our website, mobile app, and online service offerings; or to protect our own rights or property or the rights, property or safety of our users or others.
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As you Consent to, or As Otherwise Described to You. In some circumstances, we may describe additional ways that your information will be disclosed at the time we collect the information from you. We may also disclose information where you direct us to disclose the information, or as you otherwise consent to at the time we collect the information from you.
By using the Services, you are giving us your permission to disclose your personal information as described above. District Flow may also share aggregate or anonymous non-personal information with third parties for their marketing or analytics uses.
YOUR RIGHTS AND CHOICES
We realize you may have certain preferences with respect to your information collection, and we strive to honor some of those preferences. Below are some of the options you have regarding our collection and use of your information.
Opting Out of Marketing Communications.
If you prefer not to receive marketing communications from District Flow, you may unsubscribe by clicking on the “unsubscribe” link found at the bottom of every marketing email we send, texting the SMS message ‘STOP’ to the applicable short code or by contacting info@districtflowyoga.com and requesting to be unsubscribed from our email lists. Please be aware that even if you opt-out of receiving marketing communications from us, we may still contact you in connection with specific requests from you, issues specific to you, or to provide you with essential notices or transactional communications that are not marketing communications.
Opting Out of Automated Information Collection.
As described above, we use cookies and similar technologies to automatically collect information from you when you visit our website, or use our mobile app or online service offerings. You may express your preferences for our collection of information through cookies through the method described above under the “Cookie Preferences and Choices” header.
Updating Previously Expressed Preferences.
You may change previously expressed preferences regarding how we use your information. You may be able to change preferences through your account. Otherwise, please contact us using the information provided below. You may opt out of promotional emails by clicking the unsubscribe link in the footer of any promotional email we send you.
INFORMATION PROTECTION
We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.
CHILDREN’S PRIVACY PROTECTION
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at info@districtflowyoga.com.
LINKS TO OTHER WEBSITES
This Privacy Policy only applies to District Flow and the information we collect. Our website, mobile app, or online service offerings may contain links to websites that are not operated by District Flow. These links are provided for your reference and convenience only and do not imply any endorsement of the products sold or information provided through these websites, nor any association with their operators. District Flow does not control these websites and is not responsible for their data privacy practices. Any information you provide to third parties on their websites is covered under their privacy and data collection policies and is not covered by this Privacy Policy. We urge you to review the privacy policy posted on any site you visit before using the site or providing any personal information.
INFORMATION PROCESSING IN THE UNITED STATES
District Flow is a U.S. corporation. The servers that support this Site are located in the United States. While it is in our possession, your information will generally be stored in District Flow databases or databases maintained by our third-party service providers on servers and data storage devices located in the United States. U.S. data protection laws may not provide as much protection as the data protection laws in force in some other countries, however, we will process your information in accordance with this Policy no matter where our data is stored. If you are located in a country outside the United States, by using this Site you consent to the transfer of your information to the United States.
GOVERNING LAW/ARBITRATION
This Agreement shall be interpreted in accordance with the laws of Washington D.C. In the event of a dispute arising out of or concerning this waiver or the yoga classes, health programs, meditation classes, fitness classes, workshops or any other program offered by District Flow, such dispute shall be settled by arbitration. Such arbitration shall be heard by a single arbitrator and commenced before the American Arbitration Association in Washington D.C.
CONTACT US
If you have questions or comments about this Privacy Policy, you may email us at info@districtflowyoga.com or by post to:
Yoga Factory LLC dba District Flow
405 8th St. SE
Washington, DC 20003
United States
Student Waiver
DISTRICT FLOW STUDENT WAIVER
Last updated December 27, 2024.
This District Flow Student Waiver (“Student Waiver”) is a legal document between you (“you,” the “member,” the “student,” the “user”) and Yoga Factory LLC (dba District Flow) (“District Flow,” “us”) (collectively, the “Parties”), that explains your rights, obligations, and release of liability related to your use of District Flow Services, as that term is defined in the District Flow Terms of Service.
The terms of this Student Waiver apply to all users of the Services and govern your use of the Services as well as the products and activities that are offered by us, including those offered on or through the Services. This Student Waiver incorporates the District Flow Student Membership and Class Package Agreement, District Flow Terms of Service Waiver, and District Flow Privacy Policy, and include legal terms, releases, waivers, and disclaimers.
TERMS
Liability Waiver:
I agree that I am or will participate in the yoga classes, health programs, meditation classes, fitness classes, workshops or any other program offered by District Flow during which I will receive information and instruction about yoga, fitness, meditation, yoga history/knowledge and health. Some of these classes entail intensive physical activity (conducted in a heated room – approx. 80-105 degrees Fahrenheit) and exertion by me. I recognize that such physical activity and exertion may be difficult and strenuous and may cause or aggravate a physical injury or medical condition. I am fully aware of and accept the risks and hazards involved.
I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the yoga classes, health programs, meditation classes, fitness classes, workshops or any other program offered by District Flow and will receive prior physician approval to participate. I represent and warrant that I am physically fit and I have no medical condition or injury which would prevent my full participation in the yoga classes, health programs, meditation classes, fitness classes, workshops or any other program offered by District Flow. In consideration of being permitted to participate in the yoga classes, health programs, meditation classes, fitness classes or workshops offered by District Flow, I agree to assume full responsibility for any risks, conditions, injuries or damages, known or unknown, which I might incur or aggravate as a result of my participating in same.
In further consideration of being permitted to participate in the in the yoga classes, health programs, meditation classes, fitness classes, workshops or any other program offered by District Flow, I knowingly, voluntarily and expressly waive any claim I may have or acquire against District Flow, or the landlord or any premises at which it may operate, for any injury, condition or damages that I may sustain as a result of entering or being on the premises or participating in the yoga classes, health programs, meditation classes, fitness classes, workshops or any other program offered by District Flow.
I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue District Flow, or the Landlord of any premises at which it may operate, for any injury, condition, or death which arises, is caused by or is aggravated by reason of my participation in the Programs. I understand that it is my continuing responsibility to inform the instructor(s) at District Flow of any previous medical conditions, injuries or surgeries prior to my first class and at such other times as I acquire information as to the same.
The tuition paid herewith in the forms of membership, class package, workshop, drop ins, any other tuition forms and such registration fees paid hereafter are non-refundable. All retail items purchased are non- refundable. Such refunds, if any, as are made shall be entirely within the discretion of District Flow. Retail exchanges, if allowed, shall be entirely within the discretion of District Flow.
I acknowledge that all class packages, drop in classes, neighborhood night classes and gift card purchases expire depending on the individual purchase. Workshop passes expire at the conclusion of the workshop the pass was purchased for. I acknowledge that unlimited membership is auto-renewing and requires email notice for cancelation sent to info@districtflowyoga.com. Class packages, drop in classes, neighborhood night classes, gift cards and memberships are non-transferable. Gift cards are not refundable or redeemable for cash.
I understand that District Flow or any premises at which it may operate are not responsible for any lost or stolen personal, or otherwise, items that I own and bring to the studio. I knowingly, voluntarily and expressly waive any claim I may have or acquire against District Flow, or the landlord or any premises at which it may operate, for any lost, stolen, or broken personal, or otherwise, items. I also understand that, except for a monetary refund, I have no claims against District Flow, or the landlord of the premises, by reason of their refusal to allow me to participate in the Programs.
WHEREAS, the Participant, or, if Participant is under 18, the Participant’s parent or legal guardian, with full knowledge of his/her rights, is present while the Participant attends class and does hereby freely, voluntarily and without duress execute this Agreement in consideration of the Participant being allowed to participate as part of fitness or similar classes with District Flow Staff and hereby agrees to each of the following conditions:
Health. Participant hereby certifies, warrants, represents, agrees and covenants to District Flow (Yoga Factory LLC), Event sponsors or promoters (individually and collectively, together with their respective affiliates, officers, employees, partners, shareholders, members, sponsors, contractors, agents, successors and assigns, the “Organizers”) that the Participant is: (a) free of any mental or physical condition, ailment or injury (medical or otherwise) which would, in and of itself or in conjunction with any other circumstance, (i) impair, prevent or prohibit Participant from engaging in such yoga classes, health programs, meditation classes, fitness classes, workshops or any other program offered by District Flow, (ii) be affected, aggravated or worsen in any way as a result, directly or indirectly, by Participant’s involvement in such yoga classes, health programs, meditation classes, fitness classes, workshops or any other program offered by District Flow, or (iii) present a risk to the health of another participant; and (b) of sound mind and body and not under the influence of alcohol or any drug or medication which may in any way impair Participant’s ability to enter into this Agreement, fully understand the respective intent and meaning of all of the terms hereof or to participate in the yoga classes, health programs, meditation classes, fitness classes, workshops or any other program offered by District Flow.
Assumption of Risk. Participant expressly and unconditionally assumes all risks and dangers known or unknown, foreseen or unforeseen, and relating or incidental to Participant’s involvement in any program with District Flow and any activity associated therewith, including but not limited to the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof “COVID-19”). Participant understands and agrees that (a) COVID-19 is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are present; (b) no precautions, including the protocols that will be implemented as part of the Event, can eliminate the risk of exposure to COVID-19; (c) people of all ages and health conditions, including healthy young people, have been adversely affected by COVID-19; (d) certain people have been identified by public health authorities as having greater risk based on their age or underlying medical conditions; and (e) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, and other short-term and long-term health effects, including death, regardless of a person’s age or health condition. Participant further understands that Organizers will not provide any medical assistance or treatment related to yoga classes, health programs, meditation classes, fitness classes, workshops or any other program offered by District Flow.
Indemnification and Release. Participant agrees to forever indemnify, release, discharge and hold harmless the Organizers from and against any and all claims, damages, liabilities, costs and expenses arising out of or relating to Participant’s involvement in any program with District Flow and all activities associated therewith, whether or not such claims arise from alleged negligence. Participant understands that this Agreement discharges Organizers from any and all liability or claims Participant may have against Organizers with respect to but not limited to bodily injury, personal injury, illness, death, property damage and any and all other liability that may result.
Governing Law/Arbitration. This Agreement shall be interpreted in accordance with the laws of Washington D.C. In the event of a dispute arising out of or concerning this waiver or the yoga classes, health programs, meditation classes, fitness classes, workshops or any other program offered by District Flow, such dispute shall be settled by arbitration. Such arbitration shall be heard by a single arbitrator and commenced before the American Arbitration Association in Washington D.C.
Severability. If any terms or provisions of this release shall be determined or found to be invalid or unenforceable by any court of competent jurisdiction, then such term or provision shall be deemed severed from the balance of this release, which shall continue in full force and effect as if any such term or provision had not been contained herein.
Voluntary Agreement. I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS TERMS, INCLUDING THE RELEASE OF LIABILITY OF ORGANIZERS AND RELATED ENTITIES. I UNDERSTAND THAT I AM RELEASING AND WAIVING CERTAIN POTENTIAL RIGHTS HELD BY ME AND/OR MY CHILD AND VOLUNTARY AND FREELY AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. I AGREE THAT THIS DOCUMENT SHALL BIND ME, MY GUARDIAN, ASSIGNS, HEIRS, ADMINISTRATORS AND EXECUTORS FOREVER.
Participant acknowledges that this Agreement is legally binding and that he/she is releasing legal rights by signing this Agreement.
Cancellation Policy:
Membership and Membership Cancellation
There is no minimum time commitment required to sign up for this autopay program, and you can pause or cancel your membership at any time before your next billing date. However, please note that if you choose to cancel your membership and re-enroll at a later date, any prior discounts will no longer apply, and you will be subject to the current full membership price. If you received a discount as a member of the military, student, teacher, first responder, or medical professional, you will still be eligible for the applicable discount at the time of re-enrollment, provided you continue to meet the eligibility criteria for that discount. However, if the membership price has increased, the discount will be applied to the new membership rate.
WRITTEN NOTICE IS REQUIRED IN ORDER TO PAUSE OR CANCEL YOUR MEMBERSHIP. If you choose to pause your membership, you can pause for up to 3 months at a time. You can choose to pause or terminate your membership at any time by providing written notification to District Flow before the start of your next billing cycle. Notice of cancellation after the start of a billing cycle will result in the membership extending through the end of that billing cycle, with no refund for the amount charged, and your membership cancellation will take effect on the first day of the upcoming billing cycle. Please email info@districtflowyoga.com with your pause or cancellation request.
In the event of a payment failure, you will receive one notice only to update your payment method and you will not be able to sign up for classes until you have a valid credit card on your account. Our software will not attempt to run your card again. Charges will continue to accrue for each month that your payment is not received, so when a valid card is presented, all past due monthly membership fees will be charged before the account is made current and you are then able to register for a class. PAYMENT FAILURE DOES NOT CONSTITUTE CANCELLATION OF MEMBERSHIP.
Class Cancelation Policy for Members
Cancellations within 2 hours of the start of class time or failure to show up for a class (“no show”) for which the member registered will result in the member being charged a $15 fee (plus tax).
Drop-in Class and Multiple Class Package Options (alternative to full membership)
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Drop-in Class: Can be used for 1 individual class. Non-transferable and expires 90 days after purchase date.
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5 Class Package: Can be used for 5 individual classes. Non-transferable and expires 90 days after purchase date.
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10 Class Package: Can be used for 10 individual classes. Non-transferable and expires 180 days after purchase date.
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15 Class Package: Can be used for 15 individual classes. Non-transferable and expires 270 days after purchase date.
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20 Class Package: Can be used for 20 individual classes. Non-transferable and expires 365 days (1 year) after purchase date.
Class Cancelation Policy for Class Package/Drop-ins (Non Members)
Cancellations within 6 hours of the start of class time or failure to show up for a class (“no show”) for which the student registered will result in the loss of either the (a) drop-in class credit or (b) the removal of 1 class credit from your package.
Purchase/Refund Policy:
The tuition paid herewith in the forms of membership, class package, workshop, drop ins, any other tuition forms and such registration fees paid hereafter are non-refundable. All retail items purchased are non-refundable. Such refunds, if any, as are made shall be entirely within the discretion of District Flow. Retail exchanges, if allowed, shall be entirely within the discretion of District Flow.
Rental Policy:
The studio District Flow will provide a limited number of rental mats and rental towels at the studio for use on a first come first serve basis. The price to rent these mats and towels are $2 each (plus tax/fees).
By signing below, the Parties acknowledge having read, understood, and agreed to the terms outlined in this Student Waiver.
YOGA FACTORY LLC (DBA DISTRICT FLOW)
405 8th St. SE, Second Floor
Washington, DC 20003, USA
By: /s/ Lena Manning
Name: Lena Manning
Title: Owner
Date: December 27, 2024