Legal

Welcome. The www.coltivar.com website, including the corresponding App, and the www.mycoltivar.com platform (the "Platform") are collectively defined as the "Site." The Site is operated by Coltivar Group, LLC ("Coltivar"). The Site 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.

The MyColtivar Platform is a financial intelligence and strategic planning software designed for use by business owners and their authorized representatives. Access to the Platform requires a paid subscription or other authorized access arrangement under a separate engagement agreement with Coltivar. The terms of any such engagement agreement control in the event of any conflict with these Terms.

Client Data and Ownership. Financial records, files, and other information you upload to or generate within the Platform ("Client Data") remain your property. You grant Coltivar a limited, non-exclusive, worldwide license to host, process, transmit, display, modify, and store Client Data solely for the purpose of providing and improving the Platform and services you have requested. We will not use Client Data for any purpose unrelated to providing the Platform or services without your consent. Aggregated and de-identified data derived from Platform usage may be used by Coltivar for benchmarking, product improvement, and analytical purposes, provided that such data does not identify you or your business.

Account Roles and Access Controls. The Platform supports tier-based access and role-based permissions. You are responsible for assigning and managing the access rights of users you authorize within your account. You agree that all actions taken by users under your account are your responsibility, and you will promptly remove access for any user no longer authorized.

Data Accuracy and Reliance. The Platform processes and presents information based on data you or your authorized users provide, including data imported from spreadsheets, CSV files, accounting systems, and other sources. While Coltivar takes reasonable steps to ensure the Platform functions as intended, you acknowledge that the accuracy of outputs depends on the accuracy of the inputs and that the Platform is a decision-support tool, not a substitute for professional financial, accounting, legal, or tax advice. You are responsible for reviewing all outputs and exercising independent judgment before relying on them for business decisions.

Service Availability. Coltivar will use commercially reasonable efforts to make the Platform available, but does not guarantee uninterrupted access. The Platform may be unavailable due to scheduled maintenance, third-party service provider issues, or other circumstances. Coltivar shall not be liable for any losses arising from such unavailability.

Backups and Data Export. You are responsible for maintaining your own backups of Client Data. The Platform provides export functionality for your data. Coltivar maintains operational backups for service continuity, but these backups are not a substitute for your own data retention practices.

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.

We will not share your personal information with third parties for marketing or promotional purposes.

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 agree to notify Coltivar promptly at [email protected] of any suspected unauthorized access or security incident affecting 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; circumvent or attempt to circumvent any access controls, rate limits, or tier-based feature restrictions; upload malicious code or content; use automated means (including scraping, bots, or crawlers) to access the Site or Platform; 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 or in accordance with the billing terms set forth in your subscription or engagement agreement. 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.

Subscriptions to the MyColtivar Platform may renew automatically at the then-current rate unless cancelled in accordance with the terms of your subscription. You may cancel your subscription by contacting [email protected] or through any account management functionality provided in the Platform. Unless otherwise stated in your subscription or engagement agreement, fees are non-refundable.

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 the Site are delivered by third party sites, affiliates, and organizations. By using any product, service, or functionality originating from the Site, 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.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. All content included as part of the Service, such as text, graphics, logos, images, the Coltivar methodologies, frameworks (including but not limited to the Five-Element Strategy, the Eight Levers, and the ROIC/NOPAT engine), 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, trademark, trade secret, 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 respects the intellectual property rights of others. If you believe that any content on the Site infringes your copyright, please send a notice to our designated agent containing the following information required by Section 512(c) of the Digital Millennium Copyright Act:

• A physical or electronic signature of the copyright owner or authorized representative.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it.
• Your contact information, including address, telephone number, and email address.
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

Send notices to: Coltivar Group, LLC, Attn: DMCA Agent, 2679 W. Main Street, Suite #300-739, Littleton, CO 80120, or by email to [email protected].

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 the Site 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.

Exclusion for Client Data. This section does not apply to confidential Client Data uploaded to or generated within the MyColtivar Platform for service delivery, which is governed by the MyColtivar Platform Terms above, your engagement agreement with Coltivar, and our Privacy Policy.

You may be able to connect your Coltivar account to third party accounts and integrations (for example, accounting systems, calendars, or single sign-on providers). By connecting your Coltivar account to a third-party account, you acknowledge and agree that you are consenting to the exchange of information about you between the services in accordance with your privacy settings and the third party's terms. If you do not want information about you to be shared in this manner, do not use these features.

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 the Site 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.

The content on the Site and the outputs of the MyColtivar Platform are provided for informational and decision-support purposes only and do not constitute financial, accounting, legal, tax, or investment advice. While Coltivar professionals may provide advisory services under a separate engagement agreement, your use of the Site and Platform alone does not create a professional advisory relationship. You should consult qualified professionals before making any financial, legal, or tax decisions. Past performance and benchmarks shown in the Platform are not indicative of future results.

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 aggregate liability to you for any and all claims under these Terms be greater than the amount paid by you to Coltivar in the twelve (12) months immediately preceding the event giving rise to the claim. In no event will Coltivar, its affiliates, directors, officers, employees, or representatives be liable to you for any indirect, special, exemplary, punitive, incidental, or consequential damages, including but not limited to lost profits, lost revenue, lost data, business interruption, or cost of substitute services, arising out of or in connection with these Terms, even if Coltivar has been advised of the possibility of such damages.

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 Client Data, 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 under its Commercial Arbitration Rules. The arbitration shall take place in Denver, Colorado, or by remote means as the arbitrator may direct. 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, internet or telecommunications failures, third-party service provider outages, 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, tax obligations, or security purposes.
• We will confirm receipt of your deletion request within 10 business days and complete deletion within 45 days, subject to verification of your identity and applicable legal exceptions.
• 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 the City and County of Denver, Colorado in all disputes arising out of or relating to the use of the Site that are not subject to arbitration.

Upon termination, your right to access the Platform ceases. Coltivar will, upon written request made within thirty (30) days of termination, make Client Data available to you for export. After that period, Coltivar may delete Client Data in accordance with its data retention practices.

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 the Site 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. Material changes will be communicated by email to the address associated with your account or by a prominent notice on the Site.