Cultiva Solutions, LLC

TERMS AND CONDITIONS

 

Cultiva Solutions, LLC is highly enthusiastic about serving you and we want to make your experience with us a positive one. One step toward enhancing your relationship with us is to clearly describe the terms that are applicable to you and your use of our services, as explained in this User Agreement and Terms and Conditions.

The terms “we,” “us,”  “our” and “seller” refer to the owner(s) and employees of Cultiva Solutions, LLC. (hereinafter, ” Cultiva Solutions, LLC or “CULTIVA”).”

The terms, “you,” “customer,” and “user,” refer to those individuals who visit this website.

The terms “Application” and/or “Platform” shall mean the software provided by CULTIVA to offer on Android OS devices, and upgrades, and any other software or documentation, enabling the use of the Application.

CULTIVA reserves the right to change and/or update this agreement at any time without providing you with notice. You are welcome at any time to refer to this Agreement to understand the current Terms and Conditions, and to ascertain what, if any, changes have been made. Please be advised that by using this web site, in any way and at any time, you indicate a full acceptance of these Terms & Conditions. If you do not intend to adhere to these terms, please leave this site, immediately.

EXPLANATION OF SERVICES
CULTIVA is a consulting service web site and provides associated information to its visitors.

FEES
Currently there are no fees associated with the use of the web site. 

CREDIT CARD ABUSE

CULTIVA may, in its sole discretion, pursue any available rights or remedies at law or in equity, against any corporation or Member for willfully or fraudulently submitting inaccurate credit card information. Should CULTIVA suspect that the information you provided is untrue or incomplete, we have the right to refuse to serve you and the discretion to permanently ban you from using the web platform:

  • False identity: You may not use a fictitious name to register with CULTIVA, unless you are a Corporation that is allowed to use the name of their corporeal entity with an EIN number.
  • Credit Cards: You may not use an unauthorized or invalid credit card account to register with CULTIVA.
  • Passwords/Identity Theft: You may not use a false name or impersonate another person if information is sought about your identity, whether or not you represent a corporation.

PASSWORDS/PRIVACY/CONFIDENTIALITY

Your username and location will not be shared with other users of this platform. You, as a member of the site are responsible for maintaining the confidentiality of your true name and identity, email address, in addition to your username and password; you are also fully responsible for all activities that occur under your username or true identity. You agree that you will immediately notify CULTIVA via email, immediately, of unauthorized use of your true identity, username, password, or email. CULTIVA shall not be liable for any loss or damage arising from your Account or your failure or negligence in complying with these requirements. If we determine that your use of this service is intended for a different purpose, then we can revoke your access to this site at any time.

NO WARRANTIES/DISCLAIMER OF LIABILITY

CULTIVA, does not guarantee that the general or specific information posted on this site is accurate, current, or suitable for any particular purpose. We also assume no obligation to update or continue to post the information on this site. CULTIVA does not guarantee that access to this Website will be uninterrupted. CULTIVA does not guarantee that this Website will be free of viruses. CULTIVA does not guarantee that this website cannot be tampered with by third parties. Notwithstanding the above, we will make every reasonable attempt to protect the information in this site. THE USER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEB SITE. UNDER NO CIRCUMSTANCES SHALL CULTIVA, ITS EMPLOYEES OR ANYONE ELSE INVOLVED IN CREATING OR MAINTAINING THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSSES THAT RESULT DIRECTLY OR INDIRECTLY FROM THE USE OR INABILITY TO USE THE WEB SITE AND/OR ANY OTHER WEB SITES WHICH ARE LINKED TO THIS SITE – OR THAT RESULT DIRECTLY OR INDIRECTLY FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, VIRUSES, ERRORS, DEFECTS, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS. IN PROVINCES, TERRITORIES, OR STATES WHICH DO NOT ALLOW SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY, LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. EVEN IF CULTIVA  IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE AND/OR THE INFORMATION IS TO STOP USING THE SITE AND THE INFORMATION CONTAINED HEREIN. NO ADVICE OR INFORMATION FROM CULTIVA, OR THROUGH OR FROM THE WEBSITE OR SERVICES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CULTIVA, ITS SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

You agree to indemnify, whether statutorily permitted or required under the applicable territorial, province, state or laws. Your agreement to indemnify operates to defend and hold CULTIVA, its owner(s), employees, officers and agents, harmless from any liability, including its own negligence. Indemnification is included, but not limited to judgments, penalties, fines, settlements, loss, claim and expense, including attorney’s fees and expenses, related to or arising from your use of CULTIVA, services or your violation of the Terms and Conditions or use of this web site.

DISPUTE RESOLUTION

To prevent the waste of any number of tangible and intangible resources on litigation, you and CULTIVA, agree to resolve disputes privately by good faith negotiation where at all possible. Any dispute that you and CULTIVA, cannot resolve by negotiation shall be submitted to mediation, and if mediation fails, arbitration, under the rules of the American Arbitration Association, or any comparable entity agreed upon in writing by both CULTIVA, and you. Any arbitration award issued by the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction in the State of New York. You and CULTIVA, agree that any mediation or arbitration of disputes pursuant to this paragraph will be held at the appropriate venue in the Commonwealth of Virginia, USA. Each party shall be responsible for his/her/its share of the arbitration fees in accordance with the applicable Rules of Arbitration.

ATTORNEYS’ FEES

In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including reasonable attorney fees for having to compel arbitration or defend or enforce the award. Should either party resort to any other legal proceedings in connection with this Agreement; this contract binds the prevailing party in such legal proceedings to recover its reasonable attorneys’ fees and costs from the non-prevailing party, notwithstanding any general legal principles or local policies to the contrary.

GOVERNING LAW

This Agreement shall be governed by and construed without regard to any perceived or actual conflict of laws, and shall be adjudicated in accordance with the laws of the Commonwealth of Virginia.

SEVERABILITY

These Terms and Conditions were drafted in good faith with every intention of supporting notions of fairness and respect for public policy. No provision herein was written with the intent to defraud, misrepresent or to mislead.  If any term, provision, covenant or condition of this Agreement, or the application thereof, to any person, place, or circumstance, shall be held to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

LICENSES

You grant CULTIVA, the right to use the information that you provide us, solely to carry out our responsibilities to you, as user of our platform, and by so granting us that right, you agree that we are not violating any rights you might have in that Content.

DISCLAIMER OF ENDORSEMENT

Reference to any products, services, hypertext link to the third parties or other information by trade name, trademark, and supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by CULTIVA, or its employees. They are for convenience only.

NO WAIVERS

CULTIVA, does not waive any of its rights to enforce any provision of this Agreement at any time. This is the case even if there is a lapse in time between our initial notice of any failure to perform and our ultimate decision to take action to strictly enforce the Agreement.

HEADINGS

The headings, recitals and captions of this Agreement are provided for convenience only, and are intended to have no effect in construing or interpreting this Agreement. The language in all parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly for or against either party. We stress again, that, by accessing this site, you are conclusively presumed to have read and understood all its terms, unless CULTIVA receives a written request from you seeking clarification of the Agreement’s contents. Notwithstanding any other communications between you and CULTIVA, only the terms herein constitute the entire agreement between you and CULTIVA.

OUR PROPRIETARY RIGHTS

You acknowledge and agree that the application, platform and/or website, and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. We grant you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the application/platform.

COPYRIGHTS AND INTELLECTUAL PROPERTY

CULTIVA, is the exclusive owner and proprietor of the platform services provided herein.

LOGOS

“CULTIVA,” and the CULTIVA GLOBAL, or CULTIVA SOLUTIONS, or any corresponding logo in picture form are trademarks (“Marks”) belonging to CULTIVA, . Any unauthorized use of these Marks is strictly prohibited. You further acknowledge and agree that content contained in sponsor advertisements or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to you through the Site or advertisers may not be copied by you. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

Copyright Complaints:  If you believe that there is anything on the web site that violates your copyright rights, please send us a notice of the violation using the following contact information:

Webmaster – Designated Agent

CULTIVA
11260 Roger Bacon Dr, Reston, VA 20190
Email:                    info@globalcultiva.com
Telephone:            800.268.3312

Your notice must include:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
  • information reasonably sufficient to permit us to contact the complaining party;
  • a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

On receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will act expeditiously to remove or disable access to any Content that is claimed to be infringing on the copyright of any person under U.S. law, and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. U.S. law imposes substantial penalties for falsely submitting a notice of copyright infringement.

Other Legal Complaints: If you have a legal complaint regarding the Services other than copyright matters, or wish to receive further information regarding use of the Services, please contact us. You may also submit Comments using the postal address below:
CULTIVA
11260 Roger Bacon Dr
Reston, VA 20190
​USA

Your complaint must:

Identify the material that is claimed to violate your rights or to be the subject of activity that violates your rights and information reasonably sufficient to permit us to locate the material;

Explain what rights you have and why you believe the material violates your rights; and provide accurate information that we can use to contact you.