Cultivated Terms of Use & Service

Cultivated Synergy Terms. These Terms of Use (the “Terms of Use”) apply to websites owned and operated by Cultivated Synergy, LLC and its affiliates and subsidiaries (together, the “Company,” “we” or “us”) and all associated domain names and all other websites and domain names affiliated with Cultivated Synergy, LLC and any other linked pages, features, content, or application services offered from time to time by us in connection therewith (collectively, the “Website”). The Website is the property of the Company and its licensors. By using the website and services, you, the user: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS TERMS OF USE; (B) REPRESENT THAT YOU ARE 18+ YEARS OF AGE AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.  IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE OR AFFILIATED SITES.

Eligibility. The Website is owned or operated by Cultivated Synergy, LLC. Subject to the terms and conditions of this Terms of Use, we may offer through the Website certain content, features or services described more fully on the Website (“Content”), solely for your own, personal use, and not for the benefit of any third party. The site and services are available only to individuals who are 18+ years of age only. The term “Content” shall include, without limitation, the content offered by us on the Website and any feature or service we offer or perform for you. We may change, suspend or discontinue all or any part of the Content or the Website at any time. We also may impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.  You understand and agree that the Content is provided on an as is and as available basis. We expressly and completely disclaim any and all responsibility and liability for the availability, accuracy, timeliness, security or reliability of the Content. We also reserve the right to modify, suspend or discontinue Content at any time and for any or no reason, with or without notice, and without any liability to you. We reserve the right, in our sole discretion, to modify this Terms of Use at any time by posting a notice on the Website. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Content or the Website following such notification constitutes your acceptance of the terms and conditions of this Terms of Use as modified.

PROPER USE. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Content is subject to your acceptance of and compliance with this Terms of Use, including our Privacy. You agree that you will use the Content in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.

PERSONAL INFORMATION. For information regarding our treatment of personally identifiable information, please review our current Privacy Policy, which is hereby incorporated into this Terms of Use by reference.

CONTENT. The Website and its contents are intended solely for the personal, non-commercial use of Website users and may only be used in accordance with the terms of this Terms of Use. The Content and the site are protected by U.S. and international copyright laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (a) without the express prior written consent of the respective owners, and (b) in any way that violates any third party right.

As a user, you shall not link to the Website without our prior written consent, except in accordance with the terms of this Terms of Use.

Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Website to the user.

WARRANTY. You warrant, represent and agree that you will not contribute any content or otherwise use the Website in a manner that (a) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (b) violates any law, statute, ordinance or regulation; (c) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (d) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password. We reserve the right to remove any Content from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not us, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Website, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Content and as otherwise provided herein.

RESPONSIBILITY. As a user, you are responsible for all of your activity in connection with the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any of our users. Use of the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Website, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Website’s infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Content. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Content. You may not transfer your account to anyone without express prior written consent of Company.

WARRANTY DISCLAIMER. We have no special relationship with or fiduciary duty to you. THE CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE WEBSITE AND CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THIS TERMS OF USE, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY CONTENT (INCLUDING CONTENT POSTED BY THIRD PARTIES) AND SERVICES FOR:1. PERSONAL INJURY, PROPERTY DAMAGE, THEFT, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF REPORTS, LOSS OF CONTENT, BUSINESS INTERRUPTION, MOBILE DEVICE FAILURE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; AND. 2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR YOUR USE OF THE WEBSITE, CONTENT OR ANY RELATED SERVICES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

REGISTRATION AND SECURITY. As a condition to using Content, you may be required to register with us and select a password and username (“Company User ID”). You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of or cancel a Company User ID in our discretion. You are responsible for maintaining the confidentiality of your password.

INDEMNITY. You agree to indemnify, defend and hold harmless us and our managers, members, owners, officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Website and Content or your breach of this Terms of Use. Furthermore, you agree that we assume no responsibility for the content you submit or make available through the Website.

THIRD-PARTY MATERIALS. The Website may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that we are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

MISCELLANEOUS. These website Terms shall be governed by and with the laws of the state of Colorado, excluding its conflicts of law rules, and the United States of America.

 

Effective Date: January 1, 2017