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Website Terms of Service

1. Acceptance. This web site (the "Site") is owned and operated by Cultivate Marketing Technologies, LLC (the "Company") and your access and use of the Site is subject to these terms of use ("Terms of Use"). If you do not accept these Terms of Use, you are not authorized to use the Site. Your continued use of the Site is your automatic agreement to the applicable provisions in these Terms of Use. All materials contained in the Site are provided for informational purposes only.

2. Links to Third-Party Web sites. The Site may contain links to third party websites not under the control or operation of the Company. Links to third-party web sites are provided for convenience only and do not imply any approval or endorsement by the Company of the linked sites, even if they may contain the Company’s logo. The Company is not responsible for the contents, products, services or viewpoints of any linked website or any link contained therein. Use of any third-party web site and/or content is subject to the applicable terms and conditions of such third party web sites.

3. Ownership. The Site, including, but not limited to, all content, text, data, graphics, pictures, sounds, videos, logos, icons or html code, and all intellectual property rights included in or related to the Site, including but not limited to copyrights, trademarks and service marks, are owned or licensed by the Company, and all right, title and interest in the Site and the related intellectual property rights is the exclusive property of the Company or its third party licensors. You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site. You may not remove, copy, or otherwise use any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site, including its content.

4. No Warranty. WE PROVIDE THE SITE AND ANY INFORMATION, PRODUCTS OR SERVICES "AS IS", WHERE IS, AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, ERROR FREE, UNINTERRUPTED OR SECURE ACCESS TO THE SITE, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

5. Limitation of Liability. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, RELATED TO YOUR USE OR INABILITY TO USE THE WEB SITE AND ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED BY THE COMPANY VIA THE SITE REGARDLESS OF WHETHER THE COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

6. Privacy. You agree to be bound by the terms of our privacy policy.

7. Prohibited Activities. You may not use any device, software or routine, malicious code or "attacks" on web servers intended to damage or interfere with the proper working of the Site or to surreptitiously intercept, monitor or expropriate any system, data or personal information from the Site. You may not create on any web site a link to any page of the Site without the Company’s prior written authorization.

8. COPPA. Pursuant to the terms of the Children's Online Privacy Protection Act (COPPA), we do not knowingly collect personally identifiable information from children under the age of thirteen (13). The Web Site is not directed at children under the age of thirteen (13), and by using the Web Site, you represent that you are not under the age of thirteen (13).

9. Governing Law and Jurisdiction. You agree that these Terms of Use and your use of the Site shall be governed in all respects by the internal substantive laws of the State of Delaware, United States of America, without regard to its conflict of laws provisions. The Company makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Furthermore, any controversy or claim brought by you against the Company arising out of or relating to these Terms of Use or the Site shall be heard exclusively in the courts, State and Federal, located in the State of Delaware, and each of the parties hereto expressly consents and submits to the exclusive jurisdiction and venue of such courts. The limitations of liability and exclusion of warranties provided in these Terms of Use inure to the benefit of the Company, our affiliates and to all of our respective officers, directors, employees, attorneys and agents. Some jurisdictions do not permit the disclaimers and limitations contained in these Terms of Use, in which case they are not applicable to you.

10. Termination of Use. If at any time you are not in compliance with these Terms of Use, or if the Company is unable to verify or authenticate any information you release to it, the Company shall have the right to terminate your rights of use and your access to the Site. The Company shall also have the right to terminate your use at its discretion, for any reason or no reason.

11. Miscellaneous. Headings are for reference purposes only. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a wavier of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof. If you have any problems, questions or complains about these Terms of Use or the Site, please contact the Company by email or by telephone at 877-228-5848.