Effective Date: April 20, 2020
- USE OF THE SERVICES.
1.2. Account Registration. In order to access the Services you may be required to register for an account on the Services. Your account will allow you to access the applicable Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may implement different types of accounts for different types of Users. You may control your User profile and how you interact with the Services by accessing the functionality that may be made available on the “Settings” or similar page in your account. When creating your account, you agree to provide true, accurate, current and complete information about yourself and to maintain and promptly update your information to keep it true, accurate, current and complete. You are responsible for the activity that occurs on your account, and you must keep your account password confidential and secure. You are not allowed to provide a third party access to your Account. We encourage you to use “strong,” unique passwords. You must notify Cultivate Advisors immediately of any breach of security or unauthorized use of your account or password. We will not be liable for any losses caused by any unauthorized use of your account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of Cultivate Advisors.
1.3. Third Party Accounts. To the extent permitted by the functionality of the Services, you may register for or link your account with a valid account on a third party platform (“Third Party Account”). By connecting your Third Party Account you are allowing Cultivate Advisors to access your Third Party Account as permitted under the applicable terms and conditions that govern your use of the Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Cultivate Advisors and/or grant Cultivate Advisors access to your Third Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Cultivate Advisors to pay any fees or making Cultivate Advisors subject to any usage limitations imposed by such third party platforms. By granting Cultivate Advisors access to your Third Party Account, you understand that Cultivate Advisors may access, make available and store (if applicable) any information, images, or other content you make available in or through your Third Party Account so that it is available on and through the Services. Please note that if a Third Party Account or associated service becomes unavailable or Cultivate Advisors’ access to such Third Party Account is terminated by the third-party platform, such content will no longer be available on the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY PLATFORMS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH PLATFORMS, AND CULTIVATE ADVISORS DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH PLATFORMS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN YOUR THIRD PARTY ACCOUNT.
1.4. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services. By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for calls and texts in order to perform and improve upon the Services. Cultivate Advisors will not assess and charge for any calls or texts, but standard message charges or other charged from your wireless carrier may apply.
1.5. Acceptable Use. To help ensure a safe and productive environment, all Users must comply with our Acceptable Use Policy and any applicable policies established by Company. If you see inappropriate behavior or content, please email us at [email protected] or report it through Services.
1.6. Interactions with Other Users. You are solely responsible for your interactions with other Users. We reserve the right but have no obligation to monitor disputes between you and other Users. You acknowledge and agree that you may be exposed to User Content (as defined below) of other Users that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that Cultivate Advisors will not be liable for any harm or damages you allege to incur as a result of any third party User Content. You acknowledge and agree that Cultivate Advisors will have no liability for your interactions with other Users, or for any User’s action or inaction.
2.1. User Content. The Services may allow Users to post, submit or otherwise make available text, images, documents, files, videos or other materials (“User Content”), and to share that content with others. Company is solely responsible for all User Content that you upload to or make available through the Services (“Company Content”). Company Content is owned and controlled by the Company as set forth in the Company Agreement. Company is solely responsible for all Company Content.
2.3. Advisor Materials. Except with respect to User Content, you agree that Cultivate Advisors and its suppliers own all rights, title and interest in and to any and all advisory and training materials, blog posts, assessments, documentation, and content, whether printed or available on or through the Services, in written, audio, or video format (collectively, the “Advisor Materials”). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Advisor Materials.
2.4. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Cultivate Advisors through its suggestion, feedback, forum or similar pages (“Feedback”) is at your own risk and that Cultivate Advisors has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Cultivate Advisors a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Cultivate Advisors’ business.
2.5. Advertising Revenue. Cultivate Advisors reserves the right to display third-party advertisements before, after, or in conjunction with User Content and/or Feedback posted on the Services, and you acknowledge and agree that Cultivate Advisors has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by Cultivate Advisors as a result of such advertising).
- PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. It is Cultivate Advisors’ policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Cultivate Advisors by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Cultivate Advisors’ Copyright Agent for notice of claims of copyright infringement is as follows: Copyright Agent, HFI Consulting LLC DBA Cultivate Advisors, 315 N Lincoln, Hinsdale, IL 60521, [email protected].
- DISCLAIMER OF WARRANTIES AND CONDITIONS.
6.1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. CULTIVATE ADVISORS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS (EACH AN “ADVISOR PARTY” AND COLLECTIVELY, THE “ADVISOR PARTIES”) EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES. THE ADVISOR PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
6.2. No Liability for Conduct of Third Parties and Other Users. YOU ACKNOWLEDGE AND AGREE THAT THE ADVISOR PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE ADVISOR PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND THIRD PARTY LINKS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT THE ADVISOR PARTIES DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF OTHER USERS OF THE SERVICES. CULTIVATE ADVISORS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU ACKNOWLEDGE AND AGREE THAT CUTIVATE ADVISORS DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER.
- GENERAL PROVISIONS.
10.1. Electronic Communications. The communications between you and Cultivate Advisors may take place via electronic means, whether you visit the Services or send Cultivate Advisors emails, or whether Cultivate Advisors posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Cultivate Advisors in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Cultivate Advisors provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
10.4. Force Majeure. Cultivate Advisors shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, pandemic, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
10.7. Notices. We may deliver notice to you by email, posting a notice on the Services or any other method we choose and such notice will be effective on dispatch. You may give notice to Cultivate Advisors at the following email address: [email protected] Such notice shall be deemed given when received by Cultivate Advisors.