Cultivate Minds Usage Policy - Terms of Use

I. ACCEPTANCE OF TERMS OF USE These Terms of Use govern your use of this website and service. By accessing the progra, you accept and agree to be bound by these Terms of Use while using, visiting, or browsing the Cultivate website. If you do not agree to these Terms of Use, you are not authorized to use the service.

II. PRIVACY Any information submitted or gathered on the Cultivate Minds Corporate Program website is subject to our Privacy Policy, the terms of which are set forth in Article VI below. Please review the Policy to understand our practices.

III. YOUR CONDUCT AS A USER ON THIS SITE AND LIMITATIONS ON USE A - By accessing the Cultivate Minds Corporate Program website, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Cultivate Minds Corporate Program website. You also agree not to interfere with the servers or networks connected to the Cultivate Minds Corporate Program website or to violate any of the procedures, policies or regulations of networks connected to the Cultivate Minds Corporate Program website. You also agree not to impersonate any other person while using the Cultivate Minds Corporate Program website, conduct yourself in a vulgar or offensive manner while using our service, or use the Cultivate Minds Corporate Program website for any unlawful purpose.

IV. INTELLECTUAL PROPERTY A - Copyrights All content included on Cultivate Minds websites, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Cultivate Minds LLC or its suppliers and is protected by U.S. and international copyright laws. This includes all of the content and materials delivered to you by Cultivate Minds LLC. Cultivate Minds LLC will be in no way responsible for any violations of copyright laws by you and you hereby indemnify and hold harmless Cultivate Minds LLC for any such violations. The compilation of all Web based content, and any other Cultivate Minds website is the exclusive property of Cultivate Minds LLC and is protected by U.S. and international copyright laws and shall not be reproduced or used without express written permission from Cultivate Minds LLC.

B - Trademarks; Images All trademarks not owned by Cultivate Minds LLC that appear on Cultivate Minds websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cultivate Minds LLC. Any images of persons or personalities contained on the Cultivate Minds website shall not be an indication of endorsement of any particular product or service unless otherwise specifically indicated.

C - Cultivate Minds LLC is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to Cultivate Minds LLC without further compensation, acknowledgement or payment for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Cultivate Minds LLC website(s). Furthermore, by posting any information on an Cultivate Minds website, submitting suggestions, or in responding to questionnaires, you grant Cultivate Minds a nonexclusive, royalty-free license to display, use, reproduce or modify that information.

V. USE AND DELIVERY OF DEVELOPMENT LIBRARY MATERIALS A - Cultivate Minds LLC uses the United States Postal Service (the USPS) to deliver and return the materials you have selected to check out. Delivery time is expected to be 3-5 days, but actual delivery times may vary depending on (1) Cultivate Minds's inventory availability at the time of an order, (2) your delivery address, (3) the day (i.e. weekday, weekend, holiday, etc.) and time you place an order and (4) circumstances impacting delivery by the USPS. Cultivate Minds LLC will send you an e-mail confirming shipment of ordered materials and the anticipated date of delivery. You must receive delivery at your employer's location unless you have been designated by your employer as a remote employee.

B - Materials are not considered returned if any portion of the material is not returned (i.e. one CD missing from a 3-disc set). Cultivate Minds LLC will contact you regarding any missing portions of returned materials.

C - It is your responsibility to evaluate the information, opinions, advice, or other content available through the Cultivate Minds website and service. Cultivate Minds LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE CONTENTS OF ANY DEVELOPMENT LIBRARY. Cultivate Minds LLC and its shareholders, directors, officers and employees shall not have any responsibility to you, your employer or any third party, and you hereby indemnify and hold harmless Cultivate Minds LLC and its shareholders, directors, officers and employees, for any loss, damage, or economic harm caused by your reliance on opinions, advice or information contained in any development library materials provided by Cultivate Minds LLC.

D - Cultivate Minds LLC and its shareholders, directors, officers and employees shall not have any responsibility to you, your employer or any third party, and you hereby indemnify and hold harmless Cultivate Minds LLC and its shareholders, directors, officers and employees, for any loss or damage caused by your acts or omissions while using or accessing materials supplied by Cultivate Minds LLC. Many of these materials may be used while commuting and driving - it is your responsibility to make sure to operate any vehicle in a safe and legal manner.

E - You should always consult with your doctor before implementing any exercise program or any change in their nutrition or eating habits.

F - Cultivate Minds LLC reserves the right to refuse service to you if you violate the terms of this User Agreement, or you have repeatedly misplaced or damaged library materials.

VI. PRIVACY POLICY

A - Collection and Use of Information When you create an account, we ask for information necessary to serve you. We ask for your full name, your company email address, your phone number, and your mailing address. This information will not be disclosed to any third parties, except in regards to providing you access to the materials in the program. See Section D below for more information.

Cultivate Minds LLC reserves the right to disclose information when required by law.

B - Account Access and Security You may change your account information at any time by logging on to the Cultivate Minds Corporate Program website and clicking on 'Manage Account.' You are responsible for managing your password to the site, and for restricting access to the program through your computer. Your password may be reset from the login screen, and we will use your email address to communicate the changes to you.

C - Use of Cookies Cultivate Minds LLC reserves the right to place a cookie (a small text file) on any PC that accesses your employer's custom Cultivate Minds service web page. This cookie, if used, would enable Cultivate Minds to identify the user of the PC and provide the user with direct access to their account without requiring them to retype any password or other user identification. You are responsible for maintaining the confidentiality of your account and password and for restricting access to the program through your computer. You will not be required to use cookies in order to access your employer's Cultivate Minds Corporate Program website.

D - Third Party Vendors Cultivate Minds LLC occasionally use other companies, agents or contractors to perform services necessary to our operations. For example, we may partner with other companies to personalize our Web pages, analyze customers' interaction with our site and process consumer surveys. We also provide postal addresses to the U.S. Post Office for delivery purposes. In the course of providing such services, these companies may have contact with your personally identifying information. By contractual agreement, these companies must treat your information in accordance with this Policy. We will not be liable for any damages that may result from the misuse of your personal information by these companies.

E - Contact If you have any concerns about the use of your personal information, or questions regarding this policy, please contact us at privacy@cultivateminds.com.

The rights and obligations of the parties and all interpretations and performance of the terms of this Usage Policy and your use of the Cultivate Minds Corporate Program shall be governed in all respects by the laws of the State of Vermont. All legal actions arising out of disputes under this Service Contract shall be brought in a court of competent jurisdiction within the State of Vermont and you hereby consent to the jurisdiction of such courts for the purposes of such actions.