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TERMS & CONDITIONS

Last Updated: April 28, 2023

ACCEPTANCE OF OUR TERMS.

The following terms and conditions, (these “Terms”) are entered into by and between you and Create & Cultivate, LLC (d/b/a ‘Create & Cultivate’) (“Create & Cultivate”, “Company “, “we“, “us” or “our“).  These Terms govern your (“you” or “your”) access to and use of our website, www.createcultivate.com (the “Site”), membership with Create & Cultivate (“Membership”), along with any other services offered by us, whether through the Site or otherwise (collectively and together with the Site, the “Services”).  Throughout these Terms, you may be referred to as a C&C Insider.

BEFORE YOU PROCEED, PLEASE READ THESE TERMS OF USE CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING, ACCESSING, OR LOGGING INTO OUR PLATFORM, OR DOWNLOADING ANY CONTENT THEREON, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC SERVICE OR FEATURE OFFERED BY CREATE & CULTIVATE (IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR PLATFORM).

Please read these Terms carefully. By accessing, browsing or otherwise using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you (1) acknowledge that you have read and understood these Terms, (2) represent and warrant that you meet all of our eligibility requirements for using the Services as described in these Terms, and (3) accept and agree to be bound by these Terms, including any other terms applicable to the Services that are incorporated herein by reference. If you are using the Services on behalf of an entity, you are agreeing to these Terms for that entity and are representing to us that you have the authority to bind that entity to these Terms (in which case “you” will refer to that entity). If you do not accept these Terms or do not satisfy the eligibility requirements set forth below, you may not access or use the Services. Moreover, by becoming a C&C Insider, you also expressly acknowledge and agree to our General Terms of Use located at https://www.createcultivate.com/terms-of-use.

ARBITRATION NOTICE. 

Except for certain kinds of disputes described in the Dispute Resolution Section, you agree that any disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury (See Dispute Resolution Section below). 

PRIVACY POLICY.

Your use of, and participation in, the Services offered by the Company is subject to the terms set forth in our privacy policy located at www.createcultivate.com/privacy-policy (the “Privacy Policy”). Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect, use, and treat your information.

CHANGES TO THE TERMS OF USE.

We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Last Updated” date at the top of this page so you can tell if these Terms have changed since your last visit. Any such changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms. 

PURCHASE OF MEMBERSHIP AND PRODUCTS. 

If you purchase a Membership or any Product from the Site, the terms of sale provided in this section apply to you, as well as any other specific rules, usage restrictions, or procedures that we may provide to you in relation to your purchase.

You agree to provide your payment information at the time you purchase or renew your membership or order any Product on the Site. Our payment page is powered by third party payment service providers, Stripe®. The information provided to Stripe® is governed by Stripe respective Terms of Services and Privacy Policies located at https://stripe.com/legal/ssa. Create & Cultivate is not responsible for the performance, acts, or omissions of Stripe®. In the course of your use of the Services, third-party payment service providers may receive and implement updated credit card information from your credit card issuer in order to prevent your membership from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third party payment service providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer. Our obligation to provide the Services only comes into being when we take receipt of your order. You agree not to hold us responsible for banking charges incurred due to payments on your account. 

Transfer of Membership to other persons is prohibited. 

MEMBERSHIP POLICIES.

Create & Cultivate is a community of members.  In order to become a C&C Insider, you must subscribe through our Site.  Create & Cultivate is a diverse community open to all.

BILLING CYCLE. 

The membership fee for the Create & Cultivate Services and any other charges you may incur in connection with use of the service, such as taxes and possible transaction fees, will be charged to you on the specific payment date indicated on the Account page. The length of your billing cycle is one (1) year. 

CANCELLATION POLICY OR SUSPENSION OF MEMBERSHIP.

Create & Cultivate’s Membership, cancellation, and suspension policies are made available to all applicants for Membership that have been accepted to Create & Cultivate. Your Create & Cultivate Membership will continue and automatically renew until terminated. ALL Memberships are non-refundable during the one year period and by purchasing a membership you are agreeing to this policy. You may select to cancel your membership prior to the expiration of  any given one (1) year membership term and you will not be renewed for the next twelve (12) months. Please note that all membership plans require an annual commitment of twelve (12) months (“Minimum Term”). If you do not cancel prior to the expiration of a given twelve (12) month period, you will automatically be renewed for an additional period of twelve (12) months. If you want to cancel prior to the expiration of the Minimum Term, you must send us your notice of cancellation with at least fifteen (15) days advanced notice prior to your renewal date.

CHANGING FEES AND CHARGES.

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. This does not pertain to any member on an annual membership plan for the duration of their contract.  

NO REFUNDS. 

Payments are non-refundable and there are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to the Services through the end of your current billing period. At any time, and for any reason, Create & Cultivate may provide a refund, discount, or other consideration to some or all of our members (“Credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance. 

CANCELLATIONS BY CREATE & CULTIVATE.

We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms or other related restrictions (including, but not limited to, your Membership Terms and Conditions). Such termination or suspension may be immediate and without notice. A breach of these Terms includes, without limitation, the unauthorized copying, download, repurposing, or reproduction of any content from our Site or the Services. 

ACCOUNT; PASSWORDS. 

To gain access to the Services, you must create and account (“Account”). When you register for an Account, you will be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at [email protected].

ELIGIBILITY; USER RESTRICTIONS.

We only permit individuals who are at least 18 years old, or the age of majority in your province, territory or country, and can form legally binding contracts with us to use the Services. Individuals under the age of 18, or the applicable age of majority (“Minor”) may utilize the Services only with the consent and support of a parent, legal guardian, or other qualified adults. If you are a parent or guardian and you allow your Minor to use the Services, you agree to be bound by the Minor’s use of the Services and by these Terms. If you are under the age of 18 or the applicable age of majority and do not have the requisite parent or guardian consent, please do not attempt to access or use the Services. 

You can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction, including the specific laws of your jurisdiction regarding the import, export, or re-export of the Services.

Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria. We may also suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. 

USE OF THE SERVICES; RESTRICTIONS ON USE.

We may from time to time in our sole discretion develop and provide updates to the Services, change the Services, restrict access to the Services (including to registered users) or withdraw or terminate the Services entirely, and we reserve the right to do so in our sole discretion without notice.  Any such updates or changes will be deemed part of the Services and subject to all terms and conditions of these Terms. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.

You may only use the Services as explicitly authorized and in compliance with any policies made available to you within the Services.  You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. Without limiting the foregoing, you may not do any of the following while accessing or using the Services: (i) use the Services or solicit members for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use, without our express written consent; (ii) express or imply that any statements you make are endorsed by Create & Cultivate; (iii) scrape the Services or use other automated or manual means to take our content without our express prior written consent; (iv) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Services not intended to be so read; take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure; (v) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (vi) bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services; (vii) run any form of auto-responder or “spam” on the Services; (viii) access or use the Services for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party; (ix) or otherwise take any action in violation of these Terms.

INTERNET.

You also acknowledge and agree that your use of the Services requires Internet access and bandwidth and we do not own or control all aspects through which the Services are provided and cannot guarantee the performance of such facilities, equipment and communications lines. The Internet is not a secure network and third parties may be able to intercept, accept, use or corrupt the information you transmit or receive over the Internet. We are not responsible for invalid, erroneous or corrupted data. 

DEVICE REQUIREMENTS. 

To enjoy the Services via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Site, and the Google, Apple and Amazon Alexa Skill marketplaces.

END USER LICENSE.

Subject to the terms of this license agreement (“License Agreement”), as set forth in this “End User License Section,” and these other Terms, and your payment of applicable subscription fees, Create & Cultivate grants you, solely for your personal use, a limited, non-exclusive, nontransferable, and non-sublicensable license to: (i) access and use the Services and (ii) access and view our content, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. 

Except as explicitly authorized by these Terms, you agree not to: (i) copy the site, except as expressly permitted by this license; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Site; (iii) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Site or any part thereof; (iv) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Site, including any copy thereof; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Site, or any features or functionality of the Site, to any third party for any reason, including by making the Site available on a network where it is capable of being accessed by more than one device at any time; (vi) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site; or (vii) use the Site in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems.

You acknowledge and agree that the Site is provided under license, and not sold, to you. You do not acquire any ownership interest in the Site under this License Agreement, or any other rights thereto other than to use the Site in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this License Agreement. Create & Cultivate and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Site, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this License Agreement.

By entering this Site, you agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) deciphering, decompiling, disassembling, reverse engineering or otherwise attempting to derive any source code or underlying ideas or algorithms of any part of the Site; (iii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc.; (iv) transmitting spam, chain letters, or other unsolicited email; (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (vi) uploading invalid data, viruses, worms, or other software agents through the Site (by breaching this provision you would commit a criminal offence under the Computer Misuse Act 1990); (vii) collecting or harvesting any personally identifiable information, including account names, from the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, or creating a username that is vulgar or obscene (as determined in the Company’s sole discretion); (x) interfering with the proper working of the Site; (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or (xii) bypassing the measure we may use to prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein. 

You acknowledge that when you download, install, or use the Site, Create & Cultivate may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Site. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Site or certain of its features or functionality. All information we collect through or in connection with this Site is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

SOCIAL MEDIA. 

The Company will not tolerate certain social media conduct by users of the Site, whether indirectly or directly targeting or relating to Create & Cultivate, its members, officers, directors, employees, personnel, or agents, including for example: (a) defamatory, malicious, obscene, intimidating, discriminatory, harassing or threatening comments or hate propaganda; (b) calls to violence of any kind or other threats of any kind; or (c) conduct that violates any law or regulation. In the event that Create & Cultivate feels that you have breached these Terms, Create & Cultivate reserves all its rights to take further action, including but not limited to: (i) adding, removing, or modifying any content, including comments, (ii) blocking you or any other disruptive users; and (iii) discontinuing any of its social media channels at any time. In the event that you engage in (or direct or influence any person to engage in) any of this prohibited conduct on your social media channels regarding Create & Cultivate or any of our officers, directors, employees, personnel, agents, policies, services or products or other members, Create & Cultivate may immediately terminate your Membership or use of this Site and reserves it full legal rights to pursue legal damages against you. 

INTELLECTUAL PROPERTY.

Except as otherwise expressly granted to you in these Terms, we reserve and retain all right, title and interest in the Services, including without limitation, all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in these Terms, (1) using the Services does not give you any ownership of any intellectual property rights in our Services or (2) grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property.  Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. 

In particular, audio or video content from Create & Cultivate not explicitly indicated as downloadable may not be downloaded or copied from the Services. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. 

You must not access or use for any commercial purposes any part of the Site, any services, or any materials available through the Site or affiliated with the membership program. You acknowledge and agree that you do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.  

To inquire about obtaining authorization to use the materials or content other than as permitted in these Terms, please contact us at [email protected]

If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights. 

If you believe someone has posted on the Services a work that you own without your authorization, let us know. Please send a notice of copyright infringement containing the following to our Designated Agent at [email protected]

  •       A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  •       Identification of works or materials being infringed; identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence; your contact information, including address, telephone number and, if available, e-mail address; a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.

IDEAS. 

You may choose to or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site or our products (“Ideas”).  By submitting any Idea, you agree that your disclosure will not place Create & Cultivate under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.  You further acknowledge that, by acceptance of your submission, Create & Cultivate does not waive any rights to use similar or related ideas previously known to Create & Cultivate, or developed by its employees, or obtained from sources other than you.

UPDATES. 

Create & Cultivate may from time to time in its sole discretion develop and provide Site updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Create & Cultivate has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: 

  1.     The Site will automatically download and install all available Updates; or
  2.     You may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Site or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Site and be subject to all terms and conditions of this License Agreement. 

LINKS TO THIRD PARTY WEBSITES.

We may provide links to third party websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. Although a third-party website may contain Create & Cultivate’s logo or other intellectual property elements, please understand that it is independent from Create & Cultivate and that Create & Cultivate has no control over the content of that website. These links do not imply endorsement of, sponsorship of, or affiliation with Create & Cultivate. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites and services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services. 

THIRD PARTY MATERIALS AND CONTENT.

You understand that the Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third-party web sites (“Third-Party Materials”).  In consideration for Create & Cultivate allowing you to use the Services, you agree that we, our affiliates, and third-party partners may place advertising on the Services. 

You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third-party Materials. We expressly disclaim any responsibility for all aspects of the third-party Materials and you further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services in connection with any third-party Materials.

Use of any third-party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in these Terms grants you any license to third-party trademarks or content, which shall remain the property of their respective owners.

WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY. 

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. 

WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO.  THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY THE COMPANY OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY OF THE SERVICES OR ANY CONTENT AVAILABLE THROUGH ANY OF THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  

IN NO EVENT WHATSOEVER SHALL THE COMPANY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, WHETHER DIRECTLY OR INDIRECTLY ARISING, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S BREACH OF CONTRACT OR NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH THE SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES, COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY OF THE SERVICES OR FEATURE RELEVANT TO THE CLAIM, OR (2) US$500.00.

THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW. CREATE & CULTIVATE DOES NOT DICSLAIM ANT WARRANRTY OR OTHER RIGHT THAT CREATE & CULTIVATE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

INDEMNIFICATION.

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services or your use of any information obtained through use of the Services.

DISPUTE RESOLUTION. 

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You agree that any dispute between you and Create & Cultivate arising out of or relating to these Terms or the Create & Cultivate Services (collectively, ‘Disputes’) will be governed by the arbitration procedure outlined below.

 Governing Law: Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Create & Cultivate, you agree to try to resolve the Dispute informally by contacting us at our mailing address in the Contact Us section of the Terms below, and providing us with your email address. We'll try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within thirty (30) days after submission, you or Create & Cultivate may bring a formal arbitration proceeding. 

We Both Agree to Arbitrate: You and Create & Cultivate agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Opt-out of Agreement to Arbitrate: You can decline to arbitrate by contacting [email protected] within thirty (30) days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.

Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Los Angeles County, California, United States of America, or any other location we agree to, in writing.

Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Create & Cultivate will pay all arbitration fees for claims of less than Five Thousand ($5,000.00) Dollars. All arbitration fees for claims above said amount will be split evenly by the parties, with the exception that each party shall pay for their own attorneys’ fees and costs. Create & Cultivate will not seek its legal fees and costs in arbitration unless the arbitrator determines that your claim lacks merit or is otherwise, frivolous.

Exceptions to Agreement to Arbitrate: Either you or  Create & Cultivate may assert claims, if they qualify, in small claims court in California or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Create & Cultivate Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions: You may only resolve Disputes with Create & Cultivate on an individual basis, and may not bring a claim as a plaintiff or a class member in a class (collective), consolidated or representative action. Class arbitrations, class (collective) action lawsuits, private general lawsuits through a solicitor, and consolidation with other arbitrations are not allowed under our agreement.

Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Create & Cultivate agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Los Angeles County, California, United States of America. Both you and Create & Cultivate consent to the venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

 

Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Create & Cultivate Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

SEVERABILITY.

If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

ENTIRE AGREEMENT.

These Terms constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved. Each party confirms that it has not relied upon, and shall have no remedy in respect of any agreement, warranty, statement, representation or undertaking unless set out expressly in these Terms. 

THIRD PARTIES

A person who is not a party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms. 

FORCE MAJEURE.

We take our commitment to customers seriously, and we will do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.

ASSIGNMENT.

You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

WAIVER.

If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

AVAILABILITY OF THE SERVICES.

Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault free. If a fault occurs in our Services, please report it to us at [email protected] and we will review your complaint and, where we determine it appropriate to do so, correct the fault. We will not be liable to you if the Services are unavailable from time to time.

Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services. We will restore the Services as soon as we reasonably can.

CONTACT US.

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: [email protected]

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C&C Insiders Membership

Unlock the doors to entrepreneurial success with Insiders, Create & Cultivate's new membership platform designed for go-getters and game-changers. Gain exclusive access to a wealth of resources, top-notch content, and a thriving community of like-minded women. Whether you're an aspiring entrepreneur or a seasoned pro, Insiders provides you with the tools and support you need to achieve your goals.

HERE’S WHAT YOU’LL GET:

  • Worksheets, detailed how-tos, essential templates, and other must-have resources
  • On-demand videos featuring exclusive advice from industry experts
  • Private Slack community with channels full of like-minded leaders
  • Member directory of your fellow mega bosses
  • 1 complimentary ticket to any C&C event each year
  • Fast-tracked entry to all C&C events
  • Front-row seating at all C&C events
  • Access to watch all events online
  • Exclusive Insiders-only programming at events
  • 20% off all other C&C events
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With new content dropped each week.


ONE EASY PAYMENT:

Memberships are billed annually and begin on the first day of purchase. Memberships will be renewed every 12 months.