Cultivator — Website Terms of Service
Scope: who these terms are for
These terms govern the use of getcultivator.com and the public web pages Cultivator hosts (together, the “Site”). They cover three groups differently:
- Visitors to getcultivator.com (prospective customers, anyone browsing).
- Recipients and end customers: people who receive an email or text sent through Cultivator on behalf of a landscaping company, or who use a Cultivator-hosted public page carrying that company’s branding (a service landing page, a proposal approval page, an email preferences page, a downloadable guide).
- Landscaping companies (“tenants”) that subscribe to the Cultivator platform. A tenant’s use of the platform is governed by its signed Cultivator Client Agreement, not by these terms. If these terms and a signed Client Agreement conflict, the Client Agreement controls for that tenant. These terms still apply to a tenant’s use of the public Site.
Cultivator LLC is a Pennsylvania limited liability company with its registered office at 4991 Library Road, Bethel Park, Pennsylvania 15102 (“Cultivator,” “we,” “us”).
What Cultivator is (and is not)
Cultivator is a communication platform. Landscaping companies use it to send service notifications, follow-ups, proposals, and marketing messages to their own customers by email and text, and to host related web pages.
The landscaping company, not Cultivator, is the sender of those messages and the business you have a relationship with. Questions about your service, billing, appointments, or a proposal belong to that company; its contact information appears in the messages and pages it sends you. Cultivator does not provide landscaping services and is not a party to any agreement between you and a landscaping company.
Messages and how to stop them
If you receive messages sent through Cultivator on a landscaping company’s behalf:
- Email: every email sent to you through Cultivator on a landscaping company’s behalf, marketing or service, contains an unsubscribe link. The link opens a preferences page where you can turn off promotional email while keeping service updates, or stop all email. Preference changes are honored automatically.
- Text messages: reply STOP (or 0, STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT, OPTOUT, REVOKE) to any text to stop all texts from that company. Reply HELP or INFO for help. Reply START, UNSTOP, YES, or 1 to opt back in. Message frequency varies; message and data rates may apply.
Full details, including what data is collected and how long it is kept, are in the Privacy Notice.
Acceptable use of the Site
You agree not to: (a) probe, scan, or test the vulnerability of the Site or circumvent its security or access controls; (b) access or attempt to access data belonging to anyone else, including another company’s pages or records; (c) use the Site to send spam, harvest contact information, or impersonate any person or company; (d) interfere with the Site’s operation, including by automated bulk requests; or (e) use the Site in violation of applicable law. Cultivator may suspend or block access that violates this section.
Public pages, approvals, and e-signatures
Some Cultivator-hosted pages let you take actions with legal effect, such as approving a proposal from your landscaping company, signing a form electronically, or recording a communication preference. By using those pages you agree that your electronic action (a click, a typed name, a drawn signature) is valid and binding to the same extent as a handwritten signature, consistent with the federal E-SIGN Act and applicable state law, and that the record of that action may be kept and shared with the landscaping company it was made for.
Accounts
Tenant staff accounts are provisioned under the tenant’s Client Agreement. You are responsible for keeping your login credentials confidential and for activity under your account, and you must notify the tenant or Cultivator promptly of any suspected unauthorized access. Cultivator does not offer self-service public account creation on the Site.
Intellectual property
The Site, the Cultivator platform, and their software, design, templates, and content are owned by Cultivator or its licensors. Tenant branding (a landscaping company’s name, logo, and content shown on its pages) belongs to that company. You may not copy, scrape, republish, or create derivative works from the Site except as the Site’s normal functionality allows (for example, downloading a guide your landscaping company shared with you).
Third-party services and links
The Site and the messages sent through it may contain links to third-party sites and services (including a landscaping company’s own website). Cultivator is not responsible for third-party content or practices.
Disclaimers
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, CULTIVATOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. Content on the Site (including any service recommendations, schedules, or educational guides) is provided for general information and is not professional advice. Nothing in this section limits a tenant’s rights under its signed Client Agreement.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CULTIVATOR IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE SITE, AND ITS TOTAL LIABILITY TO A SITE VISITOR OR MESSAGE RECIPIENT ARISING FROM THE SITE IS LIMITED TO ONE HUNDRED DOLLARS ($100). A TENANT’S REMEDIES ARE GOVERNED BY ITS CLIENT AGREEMENT, NOT THIS SECTION. Some jurisdictions do not allow certain limitations; in those jurisdictions this section applies to the maximum extent permitted.
Changes
We may update these terms from time to time. The effective date above changes when we do, and material changes will be noted on the Site. Continued use of the Site after a change takes effect constitutes acceptance.
Governing law
These terms are governed by Pennsylvania law, and disputes belong exclusively to the state and federal courts located in Allegheny County, Pennsylvania.
Contact
Email: chris@getcultivator.com