Legal
Welcome to www.coltivar.com. The www.coltivar.com website, including the corresponding App, and www.mycoltivar.com are collectively defined as the "Site." The Site is comprised of various web pages and applications operated by Coltivar Group, LLC ("Coltivar"). www.coltivar.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms," "Terms of Service," or "Terms of Use"). PLEASE READ ALL OF THE FOLLOWING TERMS OF USE AND SERVICE FOR COLTIVAR PRODUCTS AND THE SITE ON WHICH THEY ARE LOCATED BEFORE USING THIS SITE OR THE COLTIVAR PRODUCTS. Your use of the Site constitutes your agreement to all such Terms. By continuing to access and use this Site, or any product or service on this Site, you signify your acceptance of the Terms. Please read these Terms carefully and keep a copy of them for your reference. Coltivar reserves the right to amend, remove, or add to the Terms at any time. Your continued access and use of this Site shall constitute your acceptance of the Terms, as modified.
This Site contains proprietary material of Coltivar which is protected by copyright and other laws respecting proprietary rights. The Site is also protected by copyright as a collective work and/or compilation pursuant to U.S. copyright laws, international conventions, and other copyright laws. Coltivar retains all rights in this Site and the materials herein, including all copyright and other proprietary rights worldwide in all media. You may not use this Site or any materials herein except as expressly permitted under these Terms. Coltivar may change, suspend, or discontinue any aspect of the Site at any time, including the availability of any feature, database, or content. Coltivar may also impose limits on certain features and services or restrict access to parts or all of the Site without notice or liability.
By accessing this Site, and/or by using our services and/or products, you represent and warrant that you have the power to enter into these Terms of Use. You agree to abide by all laws, rules, and regulations including, but not limited to, intellectual property laws of the United States and the country in which you reside. Coltivar may suspend or terminate your account or refuse any use of the products and services for any reason. You may not access these products and services if you are a competitor of Coltivar. Determination of whether you are a "competitor" is solely per Coltivar's discretion.
This Site and the services and/or products offered on this Site are intended for the individual use of customers of Coltivar. Unless you have entered into a separate License Agreement with Coltivar, the products and/or services are not for release in corporate systems or re-packaged for re-sale or distribution as a group or sub-groups. They are not to be shared on websites or blogs or through other media channels.
Your use of the Site is subject to Coltivar's Privacy Policy, set forth in the second part of this document. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Visiting the Site or sending emails to Coltivar 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 writing.
By providing your phone number to Coltivar Group, LLC, you consent to receive SMS messages from Coltivar for operational purposes including authentication codes, appointment reminders, and account notifications. Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time. Reply HELP for help, or contact us at [email protected]. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy for details on how we handle your mobile information.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Coltivar is not responsible for third party access to your account that results from theft or misappropriation of your account.
You further agree not to use, nor permit any third party to use, the products and services in a manner that violates any applicable law, regulation, or the Terms, including but not limited to: provide access to or give any part of the products or services to any third party; reproduce, modify, copy, sell, trade, lease, rent, or resell any of the products or services; decompile, disassemble, or reverse engineer the products or services; or make the products or services available on any file-sharing or application hosting service.
The Site, products, and services are intended for users who are 18 years of age or older. By using the Site, you represent and warrant that you are at least 18 years old. Coltivar does not knowingly collect, either online or offline, personal information from children under the age of thirteen. If you become aware that a child has provided us with personal information, please contact us so that we can take appropriate action.
Payment for products and/or services is due upon purchase. Prices may be subject to change. Coltivar does not offer a price guarantee. You agree to pay for what you select at the price displayed at the time you place your order, plus applicable charges and any applicable taxes that Coltivar is legally obligated to collect.
Discount codes are not transferable. Coltivar, in its sole discretion, reserves the right to decline to apply a discount code at any time, for any reason whatsoever. Coltivar accepts MasterCard, Visa, American Express, and Discover.
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Coltivar, and Coltivar is not responsible for the contents of any Linked Site. Coltivar is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Coltivar of the Site or any association with its operators.
Certain services made available via www.coltivar.com are delivered by third party sites, affiliates, and organizations. By using any product, service, or functionality originating from the www.coltivar.com domain, you hereby acknowledge and consent that Coltivar may share such information and data with any third party with whom Coltivar has a contractual relationship to provide the requested product, service, or functionality on behalf of www.coltivar.com users and customers.
You are granted a non-exclusive, non-transferable, revocable license to access and use www.coltivar.com strictly in accordance with these Terms. 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 Coltivar or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
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. Coltivar content is not for resale. 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 Coltivar and the copyright owner.
Coltivar services and materials are not available to competitors of Coltivar. Determination of whether you are a "competitor" is solely per Coltivar's discretion, and access to services and any licenses will be denied on this basis.
Coltivar materials are proprietary. If you wish to use Coltivar materials other than for personal use on a limited basis, you must request permission to do so, which will be reviewed on a case-by-case basis. Contact Coltivar at [email protected] for multi-user licenses and other licensing opportunities.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
Coltivar has no obligation to monitor the Communication Services. However, Coltivar reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Coltivar reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Coltivar does not claim ownership of the materials you provide to www.coltivar.com or post, upload, input, or submit to any Coltivar Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting Coltivar, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission.
You will be able to connect your Coltivar account to third party accounts. By connecting your Coltivar account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others in accordance with your privacy settings on those third-party sites. If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated, and administered by Coltivar from our offices within the United States of America. If you access the Service from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the Coltivar Content accessed through www.coltivar.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
If you are a resident of the European Economic Area, the United Kingdom, or another jurisdiction with data protection laws that apply to you, certain rights may be available to you with respect to your personal data, as described in the Privacy Policy below. Where required, we rely on appropriate safeguards for any transfer of personal data to the United States.
We do not guarantee that our products and/or services will meet your needs. All products and/or services are provided on an "as is" basis. No guarantee is expressed or implied. In no event will Coltivar's liability to you for any claims under these Terms be greater than the amount paid by you to Coltivar. In no event will Coltivar, its affiliates, directors, officers, employees, or representatives be liable to you for any indirect, special, exemplary, punitive, or consequential damages arising out of or in connection with these Terms.
You agree to indemnify, defend, and hold harmless Coltivar, its officers, directors, employees, agents, affiliates, 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 these Terms, or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction.
Any arbitration under these Terms 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.
Coltivar shall not be liable for failure to perform where such failure is due to fire, flood, power outages, strike, war (declared or undeclared), acts of terror, embargoes, blockages, legal restrictions, governmental regulations or orders, riots, insurrections, Act of God, pandemic, epidemic, or any cause beyond the control of Coltivar. In such event, Coltivar shall use reasonable efforts to resume performance.
Users can request deletion of their account at any time by contacting our support team at [email protected]. When you delete your account:
- Personal information, account details, and user-generated content will be removed from our active databases.
- Certain information, such as transaction records or communications, may be retained for legal compliance, fraud prevention, or security purposes.
- The account deletion process will typically be completed within 7 to 14 business days.
- Once your account is deleted, this action cannot be undone. You will lose access to your account and any associated data or services.
The account deletion process complies with Apple's requirements under App Store Review Guideline 5.1.1(v).
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. COLTIVAR GROUP, LLC AND/OR ITS SUPPLIERS AND AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COLTIVAR GROUP, LLC AND/OR ITS SUPPLIERS AND AFFILIATES 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Coltivar 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, these Terms are governed by the laws of the State of Colorado, and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Coltivar with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Coltivar with respect to the Site.
Coltivar reserves the right, in its sole discretion, to change the Terms under which www.coltivar.com is offered. The most current version of the Terms will supersede all previous versions. Coltivar encourages you to periodically review the Terms to stay informed of our updates.
Coltivar Group, LLC
2679 W. Main Street, Suite #300-739, Littleton, CO 80120
[email protected]
In order to better provide you with products and services offered on our Site, Coltivar may collect personal information and non-personal information through the Site, such as your first and last name, mailing address, email address, phone number, employer, job title, industry, website, company, tax ID number, IP address, mobile device ID information, cookie information, operating system, and electronic signature.
Coltivar may also collect usage activity information concerning your interactions with the Site, and information set forth in the Site's online account registration and member profile forms which are completed by you.
If you purchase Coltivar's products and services, we collect billing and credit card information including payor name, credit card number, expiration date, verification code, and billing address. This information is used to complete the purchase transaction.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site.
Coltivar collects and uses your personal and non-personal information to operate its website and deliver the services you have requested. Further, Coltivar may use the personal information it collects from you in a variety of ways, including but not limited to: fulfilling your requests; processing your payments; facilitating your use of the Site's products and services; sending you communications like administrative emails, information, and updates; and providing you with information about Coltivar and its affiliates.
Coltivar may also use your personally identifiable information to inform you of other products or services available from Coltivar and its affiliates, and may employ various tracking, data aggregation, and data analysis technologies.
Depending on where you reside, you may have certain rights regarding the personal information we collect about you. These rights may include:
- Right to know and access: You may request confirmation of whether we process your personal information and request a copy of the personal information we hold about you.
- Right to correct: You may request that we correct inaccurate personal information we maintain about you.
- Right to delete: You may request that we delete personal information we have collected from you, subject to certain exceptions.
- Right to data portability: You may request a copy of your personal information in a portable and readily usable format.
- Right to opt out of sale or sharing: You may opt out of the sale or sharing of your personal information and of targeted advertising.
- Right to appeal: If we decline to take action on your request, you may appeal that decision by contacting us.
- Right to non-discrimination: We will not discriminate against you for exercising any of these rights.
To exercise any of these rights, please contact us at [email protected]. We will respond to verifiable requests within the timeframe required by applicable law, generally within 45 days.
Coltivar does not sell your personal information for money. Certain disclosures of personal information to third parties, such as the use of cookies or analytics tools for advertising and measurement, may be considered a "sale" or "share" under certain state privacy laws. You may opt out of any such activity by contacting us at [email protected] or by using any opt-out mechanism made available on the Site, including, where applicable, recognized opt-out preference signals such as the Global Privacy Control (GPC).
If you are located in the European Economic Area or the United Kingdom, you may have additional rights under applicable data protection law, including the right to access, rectify, erase, restrict, or object to the processing of your personal data, and the right to data portability. Where we process your personal data, we rely on one or more lawful bases, including your consent, the performance of a contract with you, compliance with a legal obligation, and/or our legitimate business interests. Because Coltivar operates from the United States, any personal data you provide will be transferred to and processed in the United States; where required, we use appropriate safeguards such as Standard Contractual Clauses for such transfers. You also have the right to lodge a complaint with your local supervisory authority.
Coltivar does not sell, rent, or lease its customer lists to third parties. Coltivar may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, host our platform and data, process payments, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Coltivar, and they are required to maintain the confidentiality of your information.
Coltivar may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to conform to the edicts of the law, protect and defend the rights or property of Coltivar, or act under exigent circumstances to protect the personal safety of users of Coltivar or the public.
We engage trusted third-party service providers and sub-processors to help us operate the Site and deliver our products and services. These include cloud hosting and database infrastructure providers, authentication providers, payment processors, communication and messaging providers, and analytics providers. These providers process personal information only on our behalf and in accordance with our instructions, and they are contractually obligated to protect the confidentiality and security of that information. A current list of categories of sub-processors is available upon request by contacting us at [email protected].
The Site may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. Where required by applicable law, we will obtain your consent before placing non-essential cookies. You may also use recognized opt-out preference signals such as the Global Privacy Control (GPC). If you choose to decline cookies, you may not be able to fully experience the interactive features of the Coltivar services or websites you visit.
If you provide your phone number to Coltivar, whether through our website, during client onboarding, in a signed engagement agreement, or through direct communication with our team, you agree that Coltivar Group, LLC may send you SMS messages for operational purposes. These messages may include two-factor authentication codes for account security, appointment confirmations and reminders for scheduled sessions, account and platform notifications from myColtivar, and other communications related to your engagement with Coltivar.
Message frequency varies. Message and data rates may apply. You can opt out at any time by replying STOP to any message. For help, reply HELP or contact us at [email protected].
Coltivar Group, LLC does not share, sell, rent, or lease your mobile phone number, SMS opt-in status, or SMS consent information with any third parties or affiliates for marketing or promotional purposes.
Coltivar implements security measures to help protect and secure your personal information from unauthorized access, use, or disclosure. When personal information is transmitted to other websites, it is protected through the use of encryption in transit, such as the Transport Layer Security (TLS) protocol. We also maintain administrative, technical, and physical safeguards designed to protect personal information at rest.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that there are security and privacy limitations inherent to the Internet which are beyond our control.
In the event of a data breach affecting your personal information, Coltivar will notify affected users and applicable regulatory authorities as required by, and within the timeframes specified by, applicable law. Such notification may be provided by email to the address associated with your account, by a notice posted on the Site, or by other means permitted or required by law.
Coltivar retains personal information for as long as necessary to fulfill the purposes described in this Privacy Policy, unless a longer retention period is required or permitted by law. In general:
- Account and profile data is retained for the life of your account and for a reasonable period thereafter.
- Transaction, billing, and tax-related records are retained for as long as required to comply with our legal, accounting, and tax obligations, typically up to seven years.
- Communications and support records are retained for a reasonable period to resolve disputes and maintain business records.
- Marketing data is retained until you unsubscribe or otherwise request its deletion, subject to legal requirements.
When information is no longer needed, we take reasonable steps to securely delete or de-identify it.
Coltivar does not knowingly collect personally identifiable information from children under the age of thirteen. The Site is intended for users who are 18 years of age or older. If we learn that we have collected personal information from a child under thirteen without verifiable parental consent, we will delete that information promptly.
Users may opt out of receiving any or all communications from third-party partners of Coltivar by contacting us at [email protected]. If you would like to stop receiving marketing or promotional communications via email from Coltivar, you may opt out by contacting [email protected] or using the unsubscribe link in any email we send.
Information about users and visitors, including personal information, may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets, and only if the recipient of the user information commits to a Privacy Policy that has terms substantially consistent with this Privacy Policy.
Coltivar reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our Site, and/or by updating any privacy information on this page. Your continued use of the Site and/or products and services available through this Site after such modifications will constitute your acknowledgment of the modified Privacy Policy and agreement to be bound by it.
Coltivar Group, LLC
2679 W. Main Street, Suite #300-739, Littleton, CO 80120
[email protected]