End-User License Agreement (“Agreement”)

Last updated: December 17, 2021

Please read this End-User License Agreement carefully before clicking the “I

Agree” button, downloading or using the Cultivate application.

Interpretation and Definitions

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Interpretation

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The words of which the initial letter is capitalized have meanings defined

under the following conditions. The following definitions shall have the same

meaning regardless of whether they appear in singular or in plural.

Definitions

———–

For the purposes of this End-User License Agreement:

* Agreement means this End-User License Agreement that forms the entire

agreement between You and the Company regarding the use of the

Application.

* Application means the software program provided by the Company downloaded

by You through an Application Store’s account to a Device, named Cultivate

* Application Store means the digital distribution service operated and

developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play

Store) by which the Application has been downloaded to your Device.

* Company (referred to as either “the Company”, “We”, “Us” or “Our” in this

Agreement) refers to Cultivate., 3615 Spring Mountain Rd. Las Vegas, Nevada

89102.

* Content refers to content such as text, images, or other information that

can be posted, uploaded, linked to or otherwise made available by You,

regardless of the form of that content.

* Country refers to: Nevada, United States

* Device means any device that can access the Application such as a

computer, a cell phone or a digital tablet.

* Family Sharing / Family Group permits You to share applications downloaded

through the Application Store with other family members by allowing them

to view and download each others’ eligible Applications to their

associated Devices.

* Third-Party Services means any services or content (including data,

information, applications and other products services) provided by a

third-party that may be displayed, included or made available by the

Application.

* You means the individual accessing or using the Application or the

company, or other legal entity on behalf of which such individual is

accessing or using the Application, as applicable.

Acknowledgment

==============

By clicking the “I Agree” button, downloading or using the Application, You

are agreeing to be bound by the terms and conditions of this Agreement. If You

do not agree to the terms of this Agreement, do not click on the “I Agree”

button, do not download or do not use the Application.

This Agreement is a legal document between You and the Company and it governs

your use of the Application made available to You by the Company.

This Agreement is between You and the Company only and not with the

Application Store. Therefore, the Company is solely responsible for the

Application and its content. Although the Application Store is not a party to

this Agreement, it has the right to enforce it against You as a third party

beneficiary relating to your use of the Application.

Since the Application can be accessed and used by other users via, for

example, Family Sharing / Family Group or volume purchasing, the use of the

Application by those users is expressly subject to this Agreement.

The Application is licensed, not sold, to You by the Company for use strictly

in accordance with the terms of this Agreement.

License

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Scope of License

—————-

The Company grants You a revocable, non-exclusive, non-transferable, limited

license to download, install and use the Application strictly in accordance

with the terms of this Agreement.

You may only use the Application on a Device that You own or control and as

permitted by the Application Store’s terms and conditions.

The license that is granted to You by the Company is solely for your personal,

non-commercial purposes strictly in accordance with the terms of this

Agreement.

License Restrictions

——————–

You agree not to, and You will not permit others to:

* License, sell, rent, lease, assign, distribute, transmit, host, outsource,

disclose or otherwise commercially exploit the Application or make the

Application available to any third party.

* Copy or use the Application for any purpose other than as permitted under

the above section ‘License’.

* Modify, make derivative works of, disassemble, decrypt, reverse compile or

reverse engineer any part of the Application.

* Remove, alter or obscure any proprietary notice (including any notice of

copyright or trademark) of the Company or its affiliates, partners,

suppliers or the licensors of the Application.

Content

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Content Restrictions

——————–

The Company is not responsible for the entries, information or content of the

Application’s users. You expressly understand and agree that You are solely

responsible for the Content and for all activity that occurs under your

account, whether done so by You or any third person using your account.

You may not transmit any Content that is unlawful, offensive, upsetting,

intended to disgust, threatening, libelous, defamatory, obscene or otherwise

objectionable. Examples of such objectionable Content include, but are not

limited to, the following:

* Unlawful or promoting unlawful activity.

* Defamatory, discriminatory, or mean-spirited content, including references

or commentary about religion, race, sexual orientation, gender,

national/ethnic origin, or other targeted groups.

* Spam, machine generated content or randomly generated content,

constituting unauthorized or unsolicited advertising, chain letters, any

other form of unauthorized solicitation, or any form of lottery or

gambling.

* Containing or installing any viruses, worms, malware, trojan horses, or

other content that is designed or intended to disrupt, damage, or limit

the functioning of any software, hardware or telecommunications equipment

or to damage or obtain unauthorized access to any data or other

information of a third person.

* Infringing on any proprietary rights of any party, including patent,

trademark, trade secret, copyright, right of publicity or other rights.

* Impersonating any person or entity including the Company and its employees

or representatives.

* Violating the privacy of any third person.

* False information and features.

The Company reserves the right, but not the obligation, to, in its sole

discretion, determine whether or not any Content is appropriate and complies

with this Agreement, refuse or remove any Content. The Company further

reserves the right to make formatting and edits and change the manner any

Content. The Company can also limit or revoke the use of the Application if

You post such objectionable Content.

As the Company cannot control all content posted by users and/or third parties

on the Application, you agree to use the Application at your own risk. You

understand that by using the Application You may be exposed to content that

You may find offensive, indecent, incorrect or objectionable, and You agree

that under no circumstances will the Company be liable in any way for any

content, including any errors or omissions in any content, or any loss or

damage of any kind incurred as a result of your use of any content.

Intellectual Property

=====================

The Application, including without limitation all copyrights, patents,

trademarks, trade secrets and other intellectual property rights are, and

shall remain, the sole and exclusive property of the Company.

The Company shall not be obligated to indemnify or defend You with respect to

any third party claim arising out of or relating to the Application. To the

extend the Company is required to provide indemnification by applicable law,

the Company, not the Application Store, shall be solely responsible for the

investigation, defense, settlement and discharge of any claim that the

Application or your use of it infringes any third party intellectual property

rights.

Your Suggestions

================

Any feedback, comments, ideas, improvements or suggestions provided by You to

the Company with respect to the Application shall remain the sole and

exclusive property of the Company.

The Company shall be free to use, copy, modify, publish, or redistribute the

Suggestions for any purpose and in any way without any credit or any

compensation to You.

Modifications to the Application

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The Company reserves the right to modify, suspend or discontinue, temporarily

or permanently, the Application or any service to which it connects, with or

without notice and without liability to You.

Updates to the Application

————————–

The Company may from time to time provide enhancements or improvements to the

features/functionality of the Application, which may include patches, bug

fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the

Application. You agree that the Company has no obligation to (i) provide any

Updates, or (ii) continue to provide or enable any particular features and/or

functionalities of the Application to You.

You further agree that all updates or any other modifications will be (i)

deemed to constitute an integral part of the Application, and (ii) subject to

the terms and conditions of this Agreement.

Maintenance and Support

———————–

The Company does not provide any maintenance or support for the download and

use of the Application. To the extent that any maintenance or support is

required by applicable law, the Company, not the Application Store, shall be

obligated to furnish any such maintenance or support.

Third-Party Services

====================

The Application may display, include or make available third-party content

(including data, information, applications and other products services) or

provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any

Third-party Services, including their accuracy, completeness, timeliness,

validity, copyright compliance, legality, decency, quality or any other aspect

thereof. The Company does not assume and shall not have any liability or

responsibility to You or any other person or entity for any Third-party

Services.

You must comply with applicable Third parties’ Terms of agreement when using

the Application. Third-party Services and links thereto are provided solely as

a convenience to You and You access and use them entirely at your own risk and

subject to such third parties’ Terms and conditions.

Privacy Policy

==============

The Company collects, stores, maintains, and shares information about You in

accordance with Our Privacy Policy:

By accepting this Agreement, You acknowledge that You hereby agree and consent

to the terms and conditions of Our Privacy Policy.

Term and Termination

====================

This Agreement shall remain in effect until terminated by You or the Company.

The Company may, in its sole discretion, at any time and for any or no reason,

suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the

Company, in the event that you fail to comply with any provision of this

Agreement. You may also terminate this Agreement by deleting the Application

and all copies thereof from your Device or from your computer.

Upon termination of this Agreement, You shall cease all use of the Application

and delete all copies of the Application from your Device.

Termination of this Agreement will not limit any of the Company’s rights or

remedies at law or in equity in case of breach by You (during the term of this

Agreement) of any of your obligations under the present Agreement.

Indemnification

===============

You agree to indemnify and hold the Company and its parents, subsidiaries,

affiliates, officers, employees, agents, partners and licensors (if any)

harmless from any claim or demand, including reasonable attorneys’ fees, due

to or arising out of your: (a) use of the Application; (b) violation of this

Agreement or any law or regulation; or (c) violation of any right of a third

party.

No Warranties

=============

The Application is provided to You “AS IS” and “AS AVAILABLE” and with all

faults and defects without warranty of any kind. To the maximum extent

permitted under applicable law, the Company, on its own behalf and on behalf

of its affiliates and its and their respective licensors and service

providers, expressly disclaims all warranties, whether express, implied,

statutory or otherwise, with respect to the Application, including all implied

warranties of merchantability, fitness for a particular purpose, title and

non-infringement, and warranties that may arise out of course of dealing,

course of performance, usage or trade practice. Without limitation to the

foregoing, the Company provides no warranty or undertaking, and makes no

representation of any kind that the Application will meet your requirements,

achieve any intended results, be compatible or work with any other software,

applications, systems or services, operate without interruption, meet any

performance or reliability standards or be error free or that any errors or

defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s

provider makes any representation or warranty of any kind, express or implied:

(i) as to the operation or availability of the Application, or the

information, content, and materials or products included thereon; (ii) that

the Application will be uninterrupted or error-free; (iii) as to the accuracy,

reliability, or currency of any information or content provided through the

Application; or (iv) that the Application, its servers, the content, or

e-mails sent from or on behalf of the Company are free of viruses, scripts,

trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties

or limitations on applicable statutory rights of a consumer, so some or all of

the above exclusions and limitations may not apply to You. But in such a case

the exclusions and limitations set forth in this section shall be applied to

the greatest extent enforceable under applicable law. To the extent any

warranty exists under law that cannot be disclaimed, the Company, not the

Application Store, shall be solely responsible for such warranty.

Limitation of Liability

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Notwithstanding any damages that You might incur, the entire liability of the

Company and any of its suppliers under any provision of this Agreement and

your exclusive remedy for all of the foregoing shall be limited to the amount

actually paid by You for the Application or through the Application or 100 USD

if You haven’t purchased anything through the Application.

To the maximum extent permitted by applicable law, in no event shall the

Company or its suppliers be liable for any special, incidental, indirect, or

consequential damages whatsoever (including, but not limited to, damages for

loss of profits, loss of data or other information, for business interruption,

for personal injury, loss of privacy arising out of or in any way related to

the use of or inability to use the Application, third-party software and/or

third-party hardware used with the Application, or otherwise in connection

with any provision of this Agreement), even if the Company or any supplier has

been advised of the possibility of such damages and even if the remedy fails

of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of

incidental or consequential damages, so the above limitation or exclusion may

not apply to You.

You expressly understand and agree that the Application Store, its

subsidiaries and affiliates, and its licensors shall not be liable to You

under any theory of liability for any direct, indirect, incidental, special

consequential or exemplary damages that may be incurred by You, including any

loss of data, whether or not the Application Store or its representatives have

been advised of or should have been aware of the possibility of any such

losses arising.

Severability and Waiver

=======================

Severability

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If any provision of this Agreement is held to be unenforceable or invalid,

such provision will be changed and interpreted to accomplish the objectives of

such provision to the greatest extent possible under applicable law and the

remaining provisions will continue in full force and effect.

Waiver

——

Except as provided herein, the failure to exercise a right or to require

performance of an obligation under this Agreement shall not effect a party’s

ability to exercise such right or require such performance at any time

thereafter nor shall be the waiver of a breach constitute a waiver of any

subsequent breach.

Product Claims

==============

The Company does not make any warranties concerning the Application. To the

extent You have any claim arising from or relating to your use of the

Application, the Company, not the Application Store, is responsible for

addressing any such claims, which may include, but not limited to: (i) any

product liability claims; (ii) any claim that the Application fails to conform

to any applicable legal or regulatory requirement; and (iii) any claim arising

under consumer protection, or similar legislation.

United States Legal Compliance

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You represent and warrant that (i) You are not located in a country that is

subject to the United States government embargo, or that has been designated

by the United States government as a “terrorist supporting” country, and (ii)

You are not listed on any United States government list of prohibited or

restricted parties.

Changes to this Agreement

=========================

The Company reserves the right, at its sole discretion, to modify or replace

this Agreement at any time. If a revision is material we will provide at least

30 days’ notice prior to any new terms taking effect. What constitutes a

material change will be determined at the sole discretion of the Company.

By continuing to access or use the Application after any revisions become

effective, You agree to be bound by the revised terms. If You do not agree to

the new terms, You are no longer authorized to use the Application.

Governing Law

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The laws of the Country, excluding its conflicts of law rules, shall govern

this Agreement and your use of the Application. Your use of the Application

may also be subject to other local, state, national, or international laws.

Entire Agreement

================

The Agreement constitutes the entire agreement between You and the Company

regarding your use of the Application and supersedes all prior and

contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use

or purchase other Company’s services, which the Company will provide to You at

the time of such use or purchase.

Contact Us

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If you have any questions about this Agreement, You can contact Us:

* By email: [email protected]

* By visiting this page on our website:

* By phone number: 702-778-1173