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Welcome to www.wecultivate.us. The www.wecultivate.us website (the "Site") is comprised of various web pages operated by
Cultivate USA Inc. ("Cultivate"). www.wecultivate.us is offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.wecultivate.us constitutes your
agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.wecultivate.us is an E-Commerce Product Site.
Cultivate helps consumers shop for locally made or manufactured goods while on their favorite e-commerce sites through an
extension and through its Site.
Visiting www.wecultivate.us or sending emails to Cultivate constitutes electronic communications. You consent to receive
electronic communications and you agree that all agreements, notices, disclosures and other communications that we
provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in
Cultivate does not knowingly collect, either online or offline, personal information from persons under the age of
thirteen. If you are under 18, you may use www.wecultivate.us only with permission of a parent or guardian.
www.wecultivate.us may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of
Cultivate and Cultivate is not responsible for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site. Cultivate is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by Cultivate of the site or any
association with its operators.
Certain services made available via www.wecultivate.us are delivered by third party sites and organizations. By using
any product, service or functionality originating from the www.wecultivate.us domain, you hereby acknowledge and
consent that Cultivate may share such information and data with any third party with whom Cultivate has a contractual
relationship to provide the requested product, service or functionality on behalf of www.wecultivate.us users and
When you click on links to various merchants on this site and make a purchase, this can result in this site earning a
commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network.
You are granted a non-exclusive, non-transferable, revocable license to access and use www.wecultivate.us strictly in
use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which
could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available
or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof,
and any software used on the Site, is the property of Cultivate or its suppliers and protected by copyright and other
laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and
other proprietary notices, legends or other restrictions contained in any such content and will not make any changes
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works,
or in any way exploit any of the content, in whole or in part, found on the Site. Cultivate content is not for resale.
Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you
will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content
solely for your personal use, and will make no other use of the content without the express written permission of
Cultivate and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We
do not grant you any licenses, express or implied, to the intellectual property of Cultivate or our licensors except
as expressly authorized by these Terms.
The Service is controlled, operated and administered by Cultivate from our offices within the USA. If you access the
Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you
will not use the Cultivate Content accessed through www.wecultivate.us in any country or in any manner prohibited by
any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Cultivate, its officers, directors, employees, agents and third
parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or
arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of
any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable
laws, rules or regulations. Cultivate reserves the right, at its own cost, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cultivate in
asserting any available defenses.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and
class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE
AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further,
unless both you and Cultivate agree otherwise, the arbitrator may not consolidate more than one person's claims, and
may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CULTIVATE USA INC. AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CULTIVATE USA INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINES, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE
FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CULTIVATE USA INC. AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CULTIVATE USA INC. AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF CULTIVATE USA INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE,
Cultivate reserves the right, in its sole discretion, to terminate your access to the Site and the related services
or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is
governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of
courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is
unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without
limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cultivate as
a result of this agreement or use of the Site. Cultivate's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation of Cultivate's right to comply with
governmental, court and law enforcement requests or requirements relating to your use of the Site or information
provided to or gathered by Cultivate with respect to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Cultivate
with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Cultivate with respect to the Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be written in English.
Cultivate reserves the right, in its sole discretion, to change the Terms under which www.wecultivate.us is offered.
he most current version of the Terms will supersede all previous versions. Cultivate encourages you to periodically
review the Terms to stay informed of our updates.
Cultivate welcomes your questions or comments regarding the Terms via the Contact Us
section or our email:
Cultivate USA Inc.
Effective as of July 01, 2020