Terms of Use

1. Acceptance of Terms

By accessing or using the FlexCore Stretch Academy website (the "Website") and any of our educational services, programs, courses, or resources (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the Website or our Services.

These Terms constitute a legally binding agreement between you ("you," "your," or "User") and FlexCore Stretch Academy B.V. ("FlexCore," "we," "us," or "our"), a company registered in the Netherlands with its office at Steiger 27, 6581 KZ Malden, Netherlands.

You must be at least 18 years of age to use this Website and our Services. By using the Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are between the ages of 16 and 18, you may only use the Website with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

Your continued use of the Website after the posting of any changes to these Terms constitutes your acceptance of those changes. We encourage you to review these Terms periodically to stay informed about your rights and obligations.

2. Description of Services

FlexCore Stretch Academy provides online educational programs, courses, and resources focused on stretching education, flexibility development, mobility learning, posture awareness, and movement improvement. Our Services are available to adults throughout Canada and include:

• Structured online stretching and mobility educational programs (such as Stretching Foundations, Daily Mobility Development, Active Lifestyle Stretching, and Workplace Mobility Education)
• Live instructor-guided educational sessions conducted via online video platforms
• Recorded learning modules available for self-paced study
• Downloadable educational materials including movement guides, journals, worksheets, and learning plans
• Access to an educational resource library containing stretching and mobility learning content
• A participant progress tracking dashboard

Our Services are exclusively educational in nature. FlexCore Stretch Academy does not provide medical treatment, physiotherapy, rehabilitation services, medical diagnosis, healthcare services, or medical advice of any kind. Our programs are designed to teach stretching concepts, movement awareness principles, and flexibility education, and should not be considered a substitute for professional medical care.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. User Obligations

When using the Website and our Services, you agree to:

• Use the Website and Services only for lawful purposes and in accordance with these Terms
• Provide accurate, current, and complete information when submitting forms, registering for programs, or communicating with us
• Not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity
• Not attempt to gain unauthorized access to any part of the Website, other accounts, computer systems, or networks connected to the Website
• Not use any automated means (including bots, scrapers, crawlers, or spiders) to access the Website or collect content from it without our prior written permission
• Not interfere with or disrupt the Website, servers, or networks connected to the Website
• Not upload, transmit, or distribute any viruses, malware, or other harmful code
• Not use the Website to send unsolicited commercial messages or spam
• Not engage in any activity that violates any applicable local, national, or international law or regulation
• Not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any of the Website content without our express written authorization

We reserve the right to investigate and take appropriate legal action against anyone who violates these obligations, including without limitation removing offending content, suspending or terminating access to the Website, and reporting violations to law enforcement authorities.

4. Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video content, educational materials, course content, program curricula, downloadable resources, data compilations, software, and the overall design and arrangement of the Website (collectively, "Content"), is the property of FlexCore Stretch Academy B.V. or its content suppliers and is protected by Dutch and international copyright, trademark, and other intellectual property laws.

The FlexCore Stretch Academy name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FlexCore Stretch Academy B.V. You may not use these marks without our prior written permission.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content for your personal, non-commercial educational purposes only. This license does not include:

• Any resale or commercial use of the Website or its Content
• Any collection and use of any product listings, descriptions, or prices
• Any derivative use of the Website or its Content
• Any downloading or copying of account information for the benefit of another party
• Any use of data mining, robots, or similar data gathering and extraction tools

Any use of the Website or Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. The license granted herein is automatically revoked if you violate any of these restrictions and may be revoked by FlexCore Stretch Academy at any time.

5. Disclaimers

The Website and Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. FlexCore Stretch Academy disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

Without limiting the foregoing, FlexCore Stretch Academy does not warrant that:

• The Website or Services will meet your specific requirements or expectations
• The Website or Services will be uninterrupted, timely, secure, or error-free
• The results that may be obtained from using the Website or Services will be accurate, reliable, or complete
• Any errors in the Website or Services will be corrected

All educational content, including stretching programs, mobility courses, and learning materials, is provided for informational and educational purposes only. No guarantees are made regarding flexibility improvements, mobility changes, fitness outcomes, health outcomes, medical benefits, or physical performance results. Individual experiences and outcomes vary based on many factors including personal health, consistency, and prior experience.

FlexCore Stretch Academy does not provide medical advice, diagnosis, treatment, or rehabilitation services. You should consult with a qualified healthcare professional before beginning any new physical activity or exercise program. You participate in our educational programs at your own risk.

Any material downloaded or otherwise obtained through the use of the Website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

6. Limitation of Liability

To the fullest extent permitted by applicable law, FlexCore Stretch Academy B.V., its directors, officers, employees, agents, partners, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to, use of, or inability to access or use the Website or Services
• Any conduct or content of any third party on the Website
• Any content obtained from the Website
• Unauthorized access, use, or alteration of your transmissions or content
• Any physical injury or health issue arising from your application of educational content learned through our programs

In no event shall FlexCore Stretch Academy's total aggregate liability to you for all claims arising out of or relating to the use of, or inability to use, the Website or Services exceed the amount you have paid to FlexCore Stretch Academy during the twelve (12) months preceding the event giving rise to the claim, or one hundred euros (EUR 100), whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law. Nothing in these Terms shall exclude or limit liability that cannot be excluded or limited under applicable Dutch or European Union law.

7. Indemnification

You agree to defend, indemnify, and hold harmless FlexCore Stretch Academy B.V., its directors, officers, employees, agents, partners, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorneys' fees) arising from:

• Your use of and access to the Website or Services
• Your violation of any provision of these Terms
• Your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right
• Any claim that your use of the Website or Services caused damage to a third party
• Any misrepresentation made by you

This indemnification obligation will survive the termination of these Terms and your use of the Website and Services.

8. Third-Party Links and Resources

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by FlexCore Stretch Academy. These links are provided solely for your convenience and informational purposes.

FlexCore Stretch Academy has no control over, and assumes no responsibility for, the content, privacy policies, practices, or availability of any third-party websites or resources. We do not endorse, warrant, or guarantee any products, services, or information offered by third parties through their websites.

You acknowledge and agree that FlexCore Stretch Academy 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 content, goods, or services available on or through any such third-party websites or resources. We strongly encourage you to read the terms of use and privacy policies of any third-party websites that you visit.

9. Privacy

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website and Services, you consent to the collection and use of your information as described in our Privacy Policy.

We encourage you to read our Privacy Policy carefully to understand how we collect, use, share, and protect your personal information, including our use of cookies, analytics tools, and advertising technologies.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

Any disputes arising out of or relating to these Terms, the Website, or the Services shall be subject to the exclusive jurisdiction of the competent courts of the District of Gelderland, the Netherlands, unless mandatory consumer protection laws in your jurisdiction provide otherwise.

If you are a consumer residing in the European Union, you may also have rights under the consumer protection laws of your country of residence. Nothing in these Terms affects your rights as a consumer under such mandatory laws. EU consumers may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/ for alternative dispute resolution.

11. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, you agree to first attempt to resolve the dispute informally by contacting us at [email protected].

We will make good-faith efforts to resolve any dispute within thirty (30) days of receiving your written notice describing the nature of the dispute, the relief sought, and your contact information.

If the dispute cannot be resolved through informal negotiations within thirty (30) days, either party may initiate formal proceedings before the competent courts as specified in Section 10 above. Nothing in this section prevents either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Services.

12. Termination

We may terminate or suspend your access to the Website and Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Grounds for termination include, but are not limited to:

• Violation of any provision of these Terms
• Engaging in fraudulent, abusive, or illegal activity
• Conduct that may harm FlexCore Stretch Academy, other users, or third parties
• Extended periods of inactivity, at our reasonable discretion
• Requests by law enforcement or other government agencies

Upon termination, your right to use the Website and Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

You may also discontinue your use of the Website at any time. If you have an active program enrollment, please contact us at [email protected] to discuss your options.

13. Changes to These Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. When we make material changes to these Terms, we will provide notice through one or more of the following methods:

• Posting a prominent notice on the Website homepage for a minimum of fourteen (14) days before the changes take effect
• Updating the "Last Updated" date at the top of these Terms
• Sending notification to the email address associated with your account, if applicable

Material changes will not take effect earlier than fourteen (14) days after the notice is posted. Non-material changes may take effect immediately upon posting.

Your continued use of the Website or Services after the effective date of the revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the new Terms, you should discontinue use of the Website and Services. It is your responsibility to review these Terms periodically for any changes.

14. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Use, please contact us using the information below:

15. Miscellaneous Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the Website, constitute the entire agreement between you and FlexCore Stretch Academy regarding your use of the Website and Services, and supersede all prior or contemporaneous communications, proposals, or agreements, whether oral or written.

Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. The unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

Waiver

The failure of FlexCore Stretch Academy to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of FlexCore Stretch Academy.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Force Majeure

FlexCore Stretch Academy shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, power failures, internet outages, cyber attacks, or labor disputes.

Language

These Terms are drafted in English. In the event of any conflict between the English version and any translated version, the English version shall prevail.