Website Legal Terms
Forward Looking Statements
When used on this business plan, the words or phrases “will likely result”, “are expected to”, “plan”, “believe”, “will continue”, “is anticipated”, “estimate”, “projected”, “intends to” or similar expressions are intended to identify "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements are subject to certain risks and uncertainties, including, but not limited to, lack of a public market for its securities, competition, factors affecting the Company's ability to implement its growth strategy, contingent risks, state and federal regulation and licensing requirements, and environmental concerns that could cause the Company's actual results to differ materially from historical earnings and those presently anticipated or projected. Such factors, which are discussed herein, could affect the Company’s financial performance and could cause the Company's actual results for future periods to differ materially from any opinions or statements expressed with respect to future periods on this business plan. As a result, potential investors are cautioned not to place undue reliance on any such forward-looking statements, which speak only as of the date made. Independent accountants have not examined or compiled the accompanying forward-looking statements and accordingly do not provide any assurance with respect to such statements.
Acceptance of Terms of Use
Cultiv8Life Wellness, LLC., its subsidiaries and affiliates (“Cultiv8Life Wellness”, “we”, “us” or “our”) requires that all visitors (“you”) to our site(s) on the World Wide Web (“Site”) abide by the following Terms of Use (“TOU”). By accessing and using the Site you indicate your agreement to these TOU. If you do not agree to these TOU, please do not access or use the Site. This Agreement governs the relationship between Cultiv8Life Wellness and you, our site visitor (“you” or “your”), with respect to your use of the Site and your purchase of any of our Products or Services from the Site (“Products” or “Services”). By visiting or using the Site, including without limitation to (i) accessing, using and/or downloading Information, (ii) sending messages, information, data, text, software or images, or other Information to the Site, or (iii) otherwise using, accessing or purchasing any Products, you agree to accept and abide by this Agreement. In consideration of your use of and access to the Site (and the promises and obligations herein, and intending to be legally bound), you and Cultiv8Life Wellness hereby agree as follows: Your access to and use of the Site is subject to these Terms, as well as any modifications issued by Cultiv8Life Wellness to these Terms, and all applicable laws and regulations. BY USING THE SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Site.
Updating Terms of Use
Cultiv8Life Wellness shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to, posting the revised or additional terms and conditions on the Site. You are responsible for reviewing the Terms periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Cultiv8Life Wellness to these Terms. ANY ACCESS OR USE OF THE SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than by Cultiv8Life Wellness shall be valid or enforceable against Cutliv8Life Wellness unless expressly agreed to by Cultiv8Life Wellness in a writing signed by a duly authorized officer of Cultiv8Life Wellness.
Description of Services
Among other things, Cultiv8Life Wellness provides information concerning various Products and Services and the opportunity to obtain additional information concerning those Products and Services or to purchase them. The information available on or through use of the Site, including but not limited to data, text, articles, content, software, images, graphics, photographs, audio and video clips, links and references and other materials (collectively, the “Information”) is provided for informational purposes only. The Site provides you with access to a variety of resources, including product and services information (“Services”). The Services are subject to these TOU.
Content
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date. Cultiv8Life Wellness may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Cultiv8Life Wellness in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyright, trademark, common law and other proprietary rights that are owned by Cultiv8Life Wellness or by third parties that have licensed their use to Cultiv8Life Wellness. You may view and use the Content only for your personal information and for no other purpose. You must retain all trademark, copyright and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the Terms of this Agreement and shall remain the property of Cultiv8Life Wellness and/or its licensors and/or suppliers. Except as provided in the foregoing, Cultiv8Life Wellness does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by Cultiv8Life Wellness, is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or any Services or Information. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Cultiv8Life Wellness and/or its licensors’, suppliers’ or third-party owners of trademarks or copyrights without the express written permission of Cultiv8Life Wellness, our licensors or suppliers, or the third-party owner of any such trademark and/or copyright. Use of content is strictly prohibited unless authorized in writing by Cultiv8Life Wellness.
Registration, Password, and Security
If any of the Services requires you to login, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form. You also may choose a password and a user ID. You are entirely responsible for maintaining the confidentiality of your password and user ID. Furthermore, you are entirely responsible for any and all activities that occur under your user ID. You must notify us immediately of any unauthorized access or use of your user ID or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or user ID, either with or without your knowledge.
Indemnification
You shall indemnify, defend (at Cultiv8Life Wellness’ option) and hold harmless Cultiv8Life Wellness and its respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes arising out of or related to your breach of your representations, warranties or obligations under this Agreement, or a claim by a third party directly or indirectly related to your provision of Cultiv8Life Wellness’ Services or use of the Cultiv8Life Wellness Services. This indemnification provision shall not apply to your breach of any representations regarding your status as an independent contractor
Limitation of Liability
CULTIV8LIFE WELLNESS WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF DRIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND, OR YOUR OR ANY THIRD PARTY’S PROPERTY DAMAGE, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. EXCEPT FOR COMPANY’S OBLIGATIONS TO PAY AMOUNTS DUE TO YOU. IN NO EVENT SHALL THE LIABILITY OF CULTIV8LIFE WELLNESS EXCEED THE AMOUNT OF SERVICE FEES ACTUALLY PAID TO OR DUE TO CULTIV8LIFE WELLNESS IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
Termination
Either party may terminate without cause at any time. Cultiv8Life Wellness may deactivate your ID immediately, without notice, with respect to you in the event you no longer qualify under applicable law or the standards and policies of Cultiv8Life Wellness to provide Cutiv8Life Wellness Services. Your outstanding obligations under these TOU survive termination. These Terms are effective until terminated by Cultiv8Life Wellness. Cultiv8Life Wellness may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to the Content, the Materials, the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Cultiv8Life Wellness shall also have the right without notice and at any time to terminate the Site or any portion thereof, or any Products or Services offered through Cultiv8Life Wellness or the Site, or to terminate any individual’s right to access or use the Site or any portion there.
Disclaimers
THE STATEMENTS MADE REGARDING OUR PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THE EFFICACY OF OUR PRODUCTS HAS NOT BEEN CONFIRMED BY FDA-APPROVED RESEARCH. OUR PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. ALL INFORMATION PRESENTED HERE IS NOT MEANT AS A SUBSTITUTE FOR OR ALTERNATIVE TO INFORMATION FROM HEALTHCARE PRACTITIONERS. PLEASE CONSULT YOUR HEALTHCARE PROFESSIONAL ABOUT POTENTIAL INTERACTIONS OR OTHER POSSIBLE COMPLICATIONS BEFORE USING ANY PRODUCT. THE FEDERAL FOOD, DRUG, AND COSMETIC ACT REQUIRES THIS NOTICE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW: (A) THE SITE (INCLUDING ALL INFORMATION) AND THE PRODUCTS OR SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND (B) URBANXTRACTSAND ITS AFFILIATES, AGENTS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “Cultiv8Life Wellness’ REPRESENTATIVES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND THE SITE IS CURRENT AND/OR UP-TO-DATE. CULTIV8LIFE WELLNESS AND CULTIV8LIFE WELLNESS’ REPRESENTATIVES DO NOT WARRANT THAT THE INFORMATION, THE SITE OR SERVICES, NOR YOUR USE OF THE FOREGOING, WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, ERROR-FREE OR SECURE, NOR THAT DEFECTS WILL BE CORRECTED, NOR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE PRODUCTS AND/OR SERVICES AND/OR INFORMATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF CULTIV8LIFE WELLNESS OR ANY OF CULTIV8LIFE WELLNESS’ REPRESENTATIVES, WHETHER MADE ON OR IN CONNECTION WITH THE SITE, THE PRODUCTS OR SERVICES OR INFORMATION SHALL CREATE ANY WARRANTY.
Some states and provinces do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you. In the event that applicable law imposes implied warranties on the Products, Services or Information notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or access date; shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law. You may also have other rights under applicable law which vary from state to state. The Services are controlled and operated from its facilities in the United States. Cultiv8Life Wellness makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. CULTIV8LIFE WELLNESS AND CULTIV8LIFE WELLNESS’ REPRESENTATIVES ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE SITE, PRODUCTS OR SERVICES AND/OR INFORMATION. CULTIV8LIFE WELLNESS AND CULTIV8LIFE WELLNESS’ REPRESENTATIVES DO NOT CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE SITE BY PERSONS OTHER THAN THEMSELVES AND DO NOT MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THESE TERMS AND CONDITIONS. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE SITE. THROUGH YOUR USE OF THE SITE, PRODUCTS, SERVICES AND/OR INFORMATION, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. CULTIV8LIFE WELLNESS AND CULTIV8LIFE WELLNESS’ REPRESENTATIVES ARE NOT PARTIES TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
Arbitration
You agree that any dispute, claim or controversy arising out of or relating to these TOU or the breach, termination, enforcement, interpretation or validity thereof or the use of the Cultiv8Life Wellness Services ("Disputes") will be settled by binding arbitration between you and Cultiv8Life Wellness, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Cultiv8Life Wellness are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Cultiv8Life Wellness otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this section will be deemed void. Except as provided in the preceding sentence, this section will survive any termination of these TOU. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section.
Governing Law
These TOU shall be governed by the laws of the State of New York, USA, excluding its conflicts of laws principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these TOU or your use of the Cultiv8Life Wellness Services shall be filed only in the state or federal courts located in the State of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
No Unlawful or Prohibited Use
As a condition of your use of the Cultiv8Life Wellness Services, you will not use the Cultiv8Life Wellness Services for any purpose that is unlawful or prohibited by these TOU. You may not use the Cultiv8Life Wellness Services in any manner that could damage, disable, overburden, or impair any Cultiv8Life Wellness server, or the network(s) connected to any Cultiv8Life Wellness server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other user IDs, computer systems or networks connected to any Cultiv8Life Wellness server or to any of the Cultiv8Life Wellness Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Cultiv8Life Wellness Services.
Removal of Proprietary Notice and other Restrictions
You agree not to remove any proprietary notices from materials you obtain through the Cultiv8Life Wellness Services, including but not limited to, copyright or trademark notices. You may not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Cultiv8Life Wellness Services except as expressly permitted by Cultiv8Life Wellness; decompile, reverse engineer or disassemble the Cultiv8Life Wellness Services except as may be permitted by applicable law; link to, mirror or frame any portion of the Cultiv8Life Wellness Services; cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Cultiv8Life Wellness Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Cultiv8Life Wellness Services; or attempt to gain unauthorized access to or impair any aspect of the Cultiv8Life Wellness Services or its related systems or networks.
International Use
Cultiv8Life Wellness makes no representation that any materials or Services are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited.
Use Limitation
The Services are for your personal use, or the use of your employer. Except as otherwise expressly stated, you may not publish, license, create derivative works from, or sell, any information, products or services obtained from the Services.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these TOU. You may not use the Services in any manner that could damage, disable, overburden, or impair any Cultiv8Life Wellness server, or the network(s) connected to any Cultiv8Life Wellness server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other user IDs, computer systems or networks connected to any Cultiv8Life Wellness server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Removal of Proprietary Notice
You agree not to remove any proprietary notices from materials you obtain through the Services, including but not limited to, copyright or trademark notices.
Unsolicited Ideas
Cultiv8Life Wellness does not accept or consider unsolicited ideas, including ideas for new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Cultiv8Life Wellness makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Disclaimer of Warranties
THE SITE AND THE SERVICES ARE PROVIDED “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” AND URBANXTRACTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Linking
You agree that Cultiv8Life Wellness has no control over or liability for information on Linked Sites. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that are different from the provisions provided on this Site. Cultiv8Life Wellness is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions. You acknowledge that when you access a Linked Site you do so at your own risk and that we do not recommend or endorse Linked Sites. Cultiv8Life Wellness prohibits unauthorized hypertext links to the Site, or the framing of the Site.
Modifications
We reserve the right to modify these TOU, the Site, the Services, the Software, or the Documents at any time for any reason without notice to you.
Termination of Access
WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SERVICES, OR ANY PORTION THEREOF, AT ANY TIME.
DMCA – Copyright Infringement Claims
Cultiv8Life Wellness has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “DMCA”) and avails itself of the protections under the DMCA. Cultiv8Life Wellness reserves the right to remove any materials on the Service that allegedly infringe another person’s copyright. If you believe your copyright has been infringed, please notify us info@Cultiv8Life.com and provide the following information:
Code of Conduct
You agree not to:
Engage in spamming or phishing attacks; Transmit (a) any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Upload any Materials that contains any virus, worm or other files, scripts or programs designed to damage or allow unauthorized access to the Services or the Site;
Remove any copyright, trademark or other proprietary rights notices contained in or on the Information, the Site, the Products or Services;
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Information;
Use the Site, Information or Services in any manner that is unlawful, including accessing the Site, Services and/or Information from any location where such access may be illegal or otherwise prohibited;
“Frame” or “mirror” any part of the Site without our prior written authorization;
Use any spider, site search/retrieval application, robot or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or their contents;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials; and/or
Harvest or collect information about the Site’s visitors or members without their express consent.
Limitation on Use of the Site
We have no obligation to monitor the Site or any postings or other materials (such as blogs) that you or other third parties transmit or post on the Site (the “Materials”). You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Materials you transmit or post; to alter or remove any such Materials; to disclose such Materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests. The information and opinions posted in the Materials on the Site are not necessarily those of Cultiv8Life Wellness or its affiliates, and Cultiv8Life Wellness makes no representations or warranties regarding such posted Materials. We neither endorse nor are responsible for messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or forums by third parties, whether such third parties are visitors to the Site, members of the Site or others. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, Materials or for any results obtained from the use of such information. Under no circumstances will We or Our suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained from the Materials through the Site. You represent and warrant to Cultiv8Life Wellness that (a) the Materials do not and will not infringe any rights of any third party(ies), and that the Materials do not and will not libel, defame, or invade the rights (including, without limitation, the right of privacy or publicity) of any third party(ies); (b) all obligations relating to the Materials have been satisfied, including, without limitation, those with and relating to artists and personnel, licenses, and laboratory and other contracts; (c) you have the right to enter into this Agreement and to grant the rights granted or agreed to be granted hereunder; and (d) you have made all necessary payments (and no additional payments are required to be made) to any and all guilds, unions, performing rights societies, bodies and/or groups representing actors, writers, directors, composers, musicians, artists, and other persons who participated in the production of the Materials. By posting or submitting content on or to our Site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving Cultiv8Life Wellness, and its affiliates, agents and third party contractors the right to display or publish such content on our Site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our Site, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, as we may determine and at our sole discretion in any medium now known or hereafter developed, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period. You grant a non-exclusive license to Cultiv8Life Wellness with regard to the Materials he/she has submitted for the term of his/her copyright, and that the Materials be used by Cultiv8Life Wellness as it may determine and at its sole discretion in any medium now known or hereafter developed. Cultiv8Life Wellness reserves the royalty-free right to sub-license, reproduce, disclose, transmit, publish, broadcast and distribute electronically any such Material for purposes including but not limited to education, publicity and promotion.
Creating an Account
In order to use some of the features or functionality offered at the Site or to access some areas of the Site, you may need to create an account with Cultiv8Life Wellness. If and when you create an account with Cultiv8Life Wellness, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your date of birth and e-mail address, if applicable) and/or social media such as your Twitter handle and (b) maintain and update your information (including your e-mail address and social media) to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site or Services and/or Information. You understand that any information you provide will be treated by Cultiv8Life Wellness in the manner described in our Privacy Policy, which can be found at Privacy Policy. Under some circumstances, as part of the process of creating an account, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is disrespectful, vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and for all activities that are conducted through your account. You agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us by emailing us at info@cultiv8life.com. All Applicants and Members may be asked to provide certain personal information when they apply for and/or sign up for our Services such as name, address, telephone number, billing information (such as a credit card number), birth date, and the type of personal computer being used to access the Services. The personal information collected from Applicants and Members during the registration process is used to manage each Applicant’s and/or Member’s account and to collect such information from Applicants and/or Members to send periodic e-mails. This information is not shared with third parties, unless specifically stated otherwise or in special circumstances. Personal information may be collected by Cultiv8Life Wellness when you use our Site and/or Services. Such personal information may include: name, address, email address, date of birth, telephone & fax numbers, payment information and other personal information that you upload or enter into the Site and/or the Services. We may also hold other details from your social networking user profiles (e.g., LinkedIn, Facebook, Twitter, etc.), if you have provided those user identities to us, including, without limitation, your usernames, passwords, birth date, friends, personal interests, gender, education and occupation. Information, which you add to your online public identities, is accessible on the World Wide Web, which is a public domain. You use the Services and post content at your own risk. Other people may view your online public identity and use it (for example, by tagging you, adding you, or including you in a group). You should be aware that if you cancel your Facebook account, “unfollow” on Twitter or delete the Site from your LinkedIn Apps or you cancel your Membership or make private information, which you have previously made public on any social networking system, some information may remain on public cache databases, including ours. If you become aware of any information, which you wish to remove, please notify Cultiv8Life Wellness at info@cultiv8life.com with the subject line “Remove” and we will take all reasonable steps to remove it. We may be obligated to disclose your personal information in very special circumstances such as when we are required to do so by law or in other special cases, as described below. We may provide your personal information and the data generated by cookies and the aggregate information to the vendors and service agencies that we may engage to assist us in providing our Services to you. For example, we may provide your personal information to a credit card processing company like Stripe to process your payment if using or participating in as a Member on the Site.
Privacy Policy
We believe that the responsible use of personal information is critical to the continued success of the Internet. As such, we are committed to the highest standards in protecting and safeguarding your right to privacy while using the Services. Cultiv8Life Wellness collects information in different ways from its Visitors and Members who access the various parts of our Services. We use this information primarily to provide a customized experience as you use our Services, and also to collect, transfer, manipulate, store, and disclose for purposes of measuring and improving our Services and to send you information about our products or Services or to advertise additional services to you. From time to time, we may notify Members of new products, announcements, upgrades and updates. Members may opt-out of these promotional mailings by clicking on the “Unsubscribe” link at the bottom of any e-mails we send to you. We use your personal information for the purpose of providing you with the Services, contacting you to deliver certain Services or information you have requested, verifying your authority to enter our Site, improving the content, and general administration of the Site and our Services, providing you with notices regarding Services that you have purchased or may wish to purchase in the future, and for targeted marketing purposes. We also may use your information so that others can locate you as well as so third-party services and APIs that can find you. Social networking websites and APIs on the Site that are operated independently from Cultiv8Life Wellness, which you manage through the Services or whose data you receive through the Services, may collect your personally identifiable information and their collection and use of such information is subject to the terms of their privacy policies, including, without limitation, LinkedIn’s Privacy Policy. Be mindful, if you decide to use your other social media logins to connect to the Site (e.g., LinkedIn, Facebook, Twitter, etc.), then those other social media services may send us your registration or profile information about you from that service and other information that you may authorize from your privacy settings on that social media service.
Transmission of Personal Data
You acknowledge and agree that by providing Cultiv8Life Wellness with any personal or proprietary information through the Services, you consent to the transmission of such personal or proprietary information over international borders as necessary for processing in accordance with Cultiv8Life Wellness’ standard business practices. You should be aware that Sites not owned by Cultiv8Life Wellness (“Linked Sites”) may contain transmission of personal data provisions that differ from the provisions provided herein. Cultiv8Life Wellness is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions. For further information on how we use your personal information, please see our Privacy Policy, above.
Special Notice -- Interactive Services
The Services may include interactive services such as discussion forums, bulletin boards, news groups, communities, calendars and/or other message or communication facilities designed to enable you to communicate with others (“Interactive Services”). You will only use the Interactive Services to post, send and receive messages and material that are related to the particular Interactive Service and are proper. By way of example, and not as limitation, you will not: (i) defame, harass, threaten, or otherwise violate the legal rights of others; (ii) violate the intellectual property rights of others; (iii) display or distribute any information that is false, misleading, indecent, or obscene; (iv) create a false identity; (v) upload files that contain viruses, Trojan horses, worms, time bombs, or the like that may damage the operation of the computer or property of another; (vi) use the Interactive Service in connection with junk email, spam, contests, or surveys; (vii) use the Interactive Service in a commercial manner; (viii) harvest or otherwise collect information about other users; or (ix) violate any applicable laws or regulations.
We are under no obligation to monitor, post, or use any submission from you, and we may remove any submission at any time in our sole discretion. We reserve the right to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, from the Site in our sole discretion. You agree that by posting, uploading, inputting, providing, or submitting any materials to the Site, you are granting us and the general public a nonexclusive perpetual royalty-free worldwide license to: (i) copy, distribute, transmit, display, perform, and create derivative works from your submission; (ii) publish your name in connection with your submission; and (iii) sublicense any such rights. We will not compensate you for your submission. You warrant and represent that you own or control all rights to your submission and have the rights necessary to grant the licenses and sublicenses described in these TOU.
Special Notices -- Documents Available on the Site
We grant you permission to use documents (such as white papers, press releases, FAQs, and data sheets) that we make available for downloading from the Site (“Documents”) provided that your use of such Documents is in accordance with these TOU.
CULTIV8LIFE WELLNESS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE” AND CULTIV8LIFE WELLNESS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE DOCUMENTS, INCLUDING ALL WARRANTIES AND REPRESENTATIONS WHETHER EXPRESS, IMPLIED OR STATUTORY, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CULTIV8LIFE WELLNESS AND/OR ITS SUPPLIERS MAY MAKE CHANGES IN THE PRODUCT(S) AND/OR PROGRAM(S) DESCRIBED IN THE SERVICES AT ANY TIME AND FROM TIME TO TIME.
Our Commitment to Privacy
Cultiv8Life Wellness believes that the responsible use of personal information is critical to the continued success of the Internet. While you can access most areas of our Site without submitting any personal data, there are certain areas of the Site that request specific personal information including but not limited to name, phone number, and e-mail address. Our intent is to allow you as much control as possible over your personal information. This Privacy Policy explains how CULTIV8LIFE WELLNESS collects, stores, and uses your information. If you have objections to the Privacy Policy, you should not access or use the Site.
Data Protection Safe Harbor
Cultiv8Life Wellness adheres to the "safe harbor" framework that resulted from the European Commission's Directive on Data Protection. For more information about safe harbor, please see the following website (not affiliated with Cultiv8Life Wellness): http://www.export.gov/safeharbor/. If you have any questions or concerns about Cultiv8Life Wellness’ compliance with the safe harbor principles, please email info@cultiv8life.com.
Entity Collecting Personal Information
Personal information on this Site is collected by cultiv8life.com.
What Information We Collect
As a visitor to this Site, you can engage in many activities without providing any personal information. In connection with other activities, Cultiv8Life Wellness may ask you to provide certain information about yourself by registering and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, Cultiv8Life Wellness may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), e-mail address, telephone and facsimile numbers, and other personal information. Depending on the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. Other types of activities during which we may collect information, including personal information in some cases, include:
Server Logs
For each visitor to the Site, our Web server automatically recognizes the visitor's domain name, browser type, operating system, entry page, exit page, and average time on the Site. This information is used for internal purposes only in helping us improve our Site and better your overall experience.
Online Forms
We may use online forms in several areas of our Site. All information provided by the visitor is voluntary, but required to access certain Services, with information requested generally including name, address, company, and e-mail. We may sometimes use this information to contact visitors for marketing, sales, service and support purposes, as described below in the section titled “Use of Your Information.”
Site Questionnaires
The Site may have voluntary questionnaires designed to solicit visitor feedback. Visitors remain anonymous unless they choose to provide their name and e-mail address. Information is used to improve the Site, provide a more engaging and useful experience for Site visitors, and for sales and marketing purposes.
Contest & Promotions
When you enter a contest or other promotional feature, we may ask for your name, mailing address, and e-mail address so that we can administer the contest and notify winners.
Tracking Data
When used properly, cookies can improve the utility of a site by being able to securely store and apply personal data that visitors have voluntarily shared with the site. "Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Unless you use our “Remember Me” functionality, our cookies do not contain any personal identification information, but they do enable us to store site preferences, form information between visits, and items in your shopping cart. Most Web browsers automatically accept cookies, but you can change your browser settings to prevent such acceptance. Doing so, however, may result in disabling the functionality we have in place to better serve your needs.
Checking “Remember Me” before accessing certain features of the Site will enable you to access those features without having to type your User ID and password each time you visit. To do this, we store a cookie that contains your user ID and password. For this functionality to operate correctly, your Web browser must support cookies, and you must have them enabled. If this box is unchecked, the sign-in process will still work, however, your user ID and password will not be remembered by the Site. We do not recommend that users using shared computers use this feature, as it may impose a security risk to your account.
We use cookies to personalize the experience of our visitors, provide support to customers, record visitor preferences, provide personalized and specialized content, record session information, track visitor click stream behavior throughout the Site, track items in your shopping cart and customize Site content based on your browser type, operating system, and preferences. For more detailed information about cookies, what they are, and why they are used, please visit the following website (not affiliated with Cultiv8Life Wellness): http://www.cookiecentral.com/faq/index.shtml.
In connection with cookies, we use Web beacons (transparent graphic images) to provide us with automated feedback on Site usage. For example, Web beacons can tell us how many visitors clicked on key areas of the Site, how long a user viewed an area of the Site, and the type of browser that retrieved the image. We use these compiled aggregate statistics about usage of the Site to improve our Site. We may use this technology for tracking purposes such as tracking visitor click stream behavior throughout the Site and tracking items in your shopping cart. We also may allow other companies to place Web beacons on our Site.
For more detailed information about web beacons, what they are, and why and how they are used, please visit the following website (not affiliated with Cultiv8Life Wellness): http://www.webopedia.com/TERM/W/Web_beacon.html.
Use of Your Information
Cultiv8Life Wellness collects your information to record and support your participation in the activities you select.
E-mail Addresses
We do not collect e-mail addresses without you voluntarily providing us with this information online (typically via our online information request form), or non-online to our sales, marketing, or support staff, or by visiting our booth at a tradeshow. We will periodically use your e-mail information for service, sales, support, and marketing purposes. If you do not wish to receive e-mail from us in the future, please read Your Choices below. From time to time, we may share your e-mail address with other organizations and companies whose products or services we think you may find interesting. If you would like to be included in our "do not share" list, please see Your Choices.
Postal Addresses
We do not collect postal addresses without you voluntarily providing us with this information. We will periodically use your postal address information for service, sales, support, and marketing purposes. If you do not wish to receive postal mailings from us in the future, please read Your Choices below. From time to time, we share your postal address with other organizations and companies whose products or services we think you may find interesting. If you would like to be included in our "do not share" list, please see Your Choices.
Telephone Numbers
We do not collect telephone numbers without the Site visitor voluntarily providing us with this information. We will periodically use your telephone information to contact you regarding service, sales, support, and marketing purposes. If you do not wish to receive calls from us in the future, please read Your Choices below. From time to time, we share your telephone number with other organizations and companies whose products or services we think you may find interesting. If you would like to be included in our "do not share" list, please read Your Choices below.
Aggregate Data
Cultiv8Life Wellness may collect information about the use of the Site, such as the types of services used and how many users we receive daily. Other than for the tracking purposes identified above, this information is collected in aggregate form, without identifying any user individually. Cultiv8Life Wellness may use this aggregate, non-identifying statistical data for statistical analysis, marketing or similar promotional purposes.
International Transmission
When you submit personal information to Cultiv8Life Wellness through this Site, you understand and agree that this information may be transmitted across national boundaries and may be stored and processed in any of the countries in which Cultiv8Life Wellness and its affiliates and subsidiaries maintain offices, including without limitation, the United States. You also acknowledge that in certain countries or with respect to certain activities, the collection, transferring, storage and processing of your information may be undertaken by trusted vendors of Cultiv8Life Wellness in connection with the processing and/or fulfillment of transactions and/or orders for products or services. Such vendors are bound by data protection laws meeting the European Commission’s Directive on Data Protection or by contract to not use your personal information for their own purposes or provide it to any third parties except in connection with providing products or services you request or as you may opt-in. One instance where this could occur is in conjunction with framed pages in which the URL for the pages is not visible and the pages are being hosted by a vendor of Cultiv8Life Wellness.
Service Providers
Cultiv8Life Wellness may have established relationships with various service providers whose services are available to you from this Site or from Linked Sites. Typically, these providers offer services or products that Cultiv8Life Wellness customers might find useful, such as those that can be used in conjunction with Cultiv8Life Wellness products and services. To use those services, you may be required to provide personal information to the providers. Unless expressly provided to the contrary, personal information that you provide while you are visiting a provider’s website will be subject to the privacy policy posted on such site and personal information that you provide while on this Site in conjunction with a provider’s service will be subject to this Privacy Policy. You should be aware that our agreements with these service providers often provide that they will share with Cultiv8Life Wellness personal information collected from you. In such instances, Cultiv8Life Wellness may use this information in a manner consistent with this Privacy Policy.
Consent
By voluntarily providing us with your name, e-mail address, postal address (snail mail), telephone number, billing address, and credit card number, you consent to our use of such information to provide that service or product to you and for the purposes described in this Privacy Policy.
Information Disclosure
We do not sell, trade, or rent your personal information to others. We may choose to do so in the future with trustworthy third parties, but you can instruct us not to by reading Your Choices below. There are other instances in which Cultiv8Life Wellness may divulge your personal information. Cultiv8Life Wellness may provide your personal information if necessary, in Cultiv8Life Wellness’ good faith judgment, to comply with laws or regulations of a governmental or regulatory body or in response to a valid subpoena, warrant or order or to protect the rights of Cultiv8Life Wellness or others. If Cultiv8Life Wellness goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, we reserve the right to transfer your personal information, which will likely be among the assets transferred. You will be notified via prominent notice on our Site for 30 days of any such change in ownership or control of your personal information.
Your Choices
Cultiv8Life Wellness practices opt-in permission marketing. The Site and any email sent to you will enable you to opt-out of receiving future communications from us. To opt-out of receiving such communications or to be included in our “do not share” list, contact us at info@cultiv8life.com or by following the unsubscribe directions in emails sent to you.
Updating Your Personal Information
Upon request, Cultiv8Life Wellness will provide you with access to your personal information that we have on record. This may include unique identifier information (e.g., visitor number), transaction information (e.g., dates on which visitors made purchases, amounts and types of purchases), or contact information (e.g., name, address, e-mail, and phone number information) as well as communications (e.g., e-mails and completed forms) that the visitor directed to our Site. Please write Cultiv8Life Wellness at info@cultiv8life.com. Visitors can request their personal information at any time by contacting us. We will make every effort to ensure your right to privacy by reviewing, qualifying and validating Visitor Information Requests before disseminating such information.
Cultiv8Life Wellness’ California Do Not Track Policy
We do not track our Visitors or Members over time and/or across third party websites to provide targeted advertising and therefore do not respond to Do Not Track (DNT) signals. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, you can modify the preferences on your browser to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked. Please consult your browser for instructions on how to change the preferences to “Do Not Track.”
Your California Privacy Rights
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal information we share with third parties or affiliates for those third parties or affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit an email request to info@cultiv8life.com. In your request, please specify that you want a “Your California Privacy Rights Notice”. Please allow at least 30 days for a response.
Cultiv8Life Wellness’ Commitment to Data Security
Services and websites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third party “hackers” from illegally obtaining this information.
Privacy-Related Inquiries and Complaints
Cultiv8Life Wellness takes its users’ privacy concerns seriously. If you believe that Cultiv8Life Wellness has not complied with this Privacy Policy with respect to your personal information or you have other related inquiries or concerns, you may write to us at the address above. In your letter, please describe in as much detail as possible the nature of your inquiry or the ways in which you believe the Privacy Policy has not been complied with. We will investigate your inquiry or complaint promptly. If you do not receive an acknowledgment of your inquiry or complaint or your inquiry or complaint is not satisfactorily addressed, you should then contact the Cultiv8Life Wellness legal department, who will serve as a liaison with this Site to resolve your concerns. Please note that if you provide Cultiv8Life Wellness with inconsistent privacy preferences (for example, by indicating on one occasion that third parties may contact you with marketing offers and indicating on another occasion that they may not), Cultiv8Life Wellness cannot guarantee that your most recent privacy preference will be honored.
Security: Online and Offline
We may have licensed the industry-standard Secure Sockets Layer (SSL) technology that permits encryption of potentially sensitive information such as your credit card number. This will make your information unusable in the event of unauthorized third-party interception. Additionally, we have appropriate security measures in place at our physical facilities to protect against the loss, misuse or alteration of your personal information.
Policy Changes
By using our Site, you consent to the collection and use of your non-personal information by Cultiv8Life Wellness. From time to time, we may use your non-personal information for new, unanticipated uses not previously disclosed in our Privacy Policy. Cultiv8Life Wellness reserves the right to change this Privacy Policy at any time without any prior notice. All Privacy Policy changes and updates will be promptly posted on our Site.
Feedback
Our continuing goal is to protect and safeguard your right to privacy. As such, we appreciate all feedback that helps us improve our Privacy Policy. Please share with us your thoughts, comments, and suggestions, at info@cultiv8life.com
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