CULTIVATE CODE - TERMS + CONDITIONS (Terms of Service)

TERMS OF USE

Last Updated: April 27, 2026
Website: https://www.cultivatecode.co
Privacy
Policy: https://cultivatecode.co/privacy-policy


1. Acceptance of Terms

These Terms of Use (“Terms”) govern your access to and use of all websites, digital products, online programs, classes, services, and content provided by The Cultivate Code, LLC (“The Cultivate Code,” “we,” “our,” or “us”).

By accessing or using any of our services (“Services”), you agree to be legally bound by these Terms. If you do not agree, do not use the Services.


2. Eligibility

You must be:

18 years or older, or

16–17 years old with verified parental consent

to participate in any program, coaching, or class.


3. Programs, Digital Products & Access

The Services include, but are not limited to:

Dance training programs (Fast Track, Sideline Ready, Sideline Sprint, The Prep Year)

Audition preparation and coaching

Workshops, masterclasses, choreography classes

Live, virtual, and prerecorded training

Templates, e-books, and digital downloads

Slack community access

Email-based coaching or support

You receive a limited, non-transferable, revocable license for personal use only.

You may not:

Share login credentials

Distribute or sell materials

Reproduce choreography for commercial use

Teach using our methods without permission

Record, download, or redistribute content

Violations may result in immediate removal without refund.


4. Community Conduct

You agree not to:

Harass or harm others

Solicit or recruit members

Share confidential information

Use communities for self-promotion

Upload harmful code or scrape content

We may remove users at our discretion without refund.


5. Non-Medical & Non-Legal Disclaimer

The Cultivate Code is not a medical, legal, or financial provider.

Nothing provided should be considered medical, psychological, or legal advice. Consult a physician before participating in physical training.


6. Payments & Billing

Payments are processed via:

Stripe

PayPal

Affirm

AfterPay

GoHighLevel

You authorize us to charge your selected payment method.


7. Termination

We may terminate access for:

Violating these Terms

Abuse or misconduct

Unauthorized sharing

Failed payments

No refunds will be issued upon termination for misconduct.


8. Intellectual Property

All content is owned by The Cultivate Code, LLC.

You may not copy, reproduce, resell, or create derivative works.


9. Disclaimer of Warranties

Services are provided “as is.”

We do not guarantee:

Dance team placement

Audition success

Performance outcomes

Financial or career results


10. Limitation of Liability

We are not liable for:

Injuries from training

Technical issues

Data loss

Third-party failures

Emotional distress


11. Arbitration & Governing Law

These Terms are governed by Nevada law.

All disputes will be resolved via binding arbitration in Clark County, Nevada. No class actions permitted.


12. Contact

The Cultivate Code, LLC
[email protected]
7202 Pulsar Mesa Ct
Las Vegas, NV 89148


13. SMS TERMS & CONDITIONS

By opting in to receive SMS communications from The Cultivate Code, LLC, you agree to receive text messages related to your relationship with us.

These messages may include:

Program and workshop reminders

Coaching session notifications

Account and enrollment updates

Customer support communications

Promotional and marketing messages (only if separately consented)

Message frequency varies.
Message and data rates may apply.

You must be 18 years of age or older to use this SMS service.

You may opt out at any time by replying STOP.
For help, reply HELP or contact us at [email protected].

Carriers are not liable for delayed or undelivered messages.

We respect your privacy. Your information will not be sold or shared with third parties for marketing purposes.

For more information, please review our Privacy Policy:
https://cultivatecode.co/privacy-policy


14. Refund & Payment Policy

No Refunds

All sales are final. No refunds will be issued for any reason.

Payment Plans

Payment plans are commitments to pay the full amount and cannot be canceled.

Payment Failures

Failed payments may result in:

Immediate balance due

Removal from programs

Collections action

Chargebacks

Chargebacks are a breach of agreement and may result in revoked access and legal action.


15. Cookie Policy

We use cookies including:

Google Analytics

Meta Pixel

TikTok Pixel

Hotjar

GoHighLevel tracking

You may disable cookies in your browser.

EU users may opt out via consent banners.


16. Liability Waiver & Assumption of Risk

By participating, you acknowledge risks including:

Injury

Strain or overexertion

Falls or accidents

You waive all claims against The Cultivate Code.


17. Affiliate Program Terms

Affiliates may not:

Make misleading claims

Misrepresent the brand

Use unauthorized promotions

Violations may result in removal and forfeiture of commissions.


18. Disclaimers

We do not guarantee results.

Testimonials are not guarantees.

No medical or legal advice is provided.


19. Entire Agreement

These Terms constitute the entire agreement between you and The Cultivate Code.

THE CULTIVATE CODE, LLC

TERMS OF SERVICE

Last Updated: July 27, 2026

These Terms of Service (“Terms”) govern your access to and use of the websites, member portals, applications, digital products, communications, events, classes, coaching programs, communities, and other products and services provided by The Cultivate Code, LLC (“The Cultivate Code,” “TCC,” “we,” “us,” or “our”) (collectively, the “Services”).

The Services include, without limitation, cultivatecode.co and related webpages; TCC Studio; fixed-term coaching and training programs such as Fast Track, Fast Track Express, Sideline Ready, Sideline Sprint, and The Prep Year; subscription or membership offerings such as Choreo Club; workshops, masterclasses, audition-preparation events, choreography classes, and drop-in classes; live, virtual, and prerecorded dance, fitness, strength, conditioning, mindset, interview, branding, and professional-development training; digital courses, templates, e-books, guides, and downloads; online communities; and coaching or support provided by email, text message, videoconference, or other communication channels.

By accessing or using the Services, creating an account, submitting an application or registration form, making a purchase, or clicking to accept these Terms, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.

Additional written terms may apply to a specific program, event, subscription, purchase, or promotion. If those additional terms conflict with these Terms, the additional terms will control for that specific offering.

1. ELIGIBILITY AND AUTHORITY

You must be at least 18 years old and legally capable of entering into a binding contract to purchase or use the Services on your own behalf.

The Services are not directed to children under 16. If a participant is 16 or 17 years old, a parent or legal guardian must review and accept these Terms, complete any required waivers, authorize payment, and supervise the minor’s participation as appropriate. The parent or legal guardian will be responsible for the minor’s compliance with these Terms.

If you access or use the Services on behalf of another person or organization, you represent that you have authority to bind that person or organization to these Terms.

2. ACCOUNTS, REGISTRATION, AND SECURITY

You agree to provide complete, current, and accurate information when you register, apply, purchase, or create an account. You are responsible for promptly updating that information if it changes.

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Accounts, login credentials, course access, recordings, and program materials are personal to the registered participant and may not be shared, transferred, sold, or made available to another person without our prior written consent.

You must promptly contact us at [email protected] if you know or suspect that your account or payment information has been used without authorization.

3. DESCRIPTION OF SERVICES

TCC provides education, training, coaching, feedback, resources, and community support for dancers and aspiring college, NBA, NFL, professional, and semi-professional dance-team members. The exact features, instructors, schedules, access periods, deliverables, and eligibility requirements for each offering are described on the applicable sales, checkout, registration, or program page.

We may reasonably change instructors, guest experts, class times, dates, platforms, curriculum sequence, or comparable program components when operationally necessary. We may reschedule or substitute a session or instructor, provide a replay or comparable replacement, or make another reasonable accommodation. Unless a specific offer states otherwise, a scheduling or instructor change does not entitle you to a refund.

Live participation, individual feedback, response times, and replay access may depend on the offering you purchase. You are responsible for reviewing the applicable offer details and attending or using the Services during the stated access period.

You are responsible for having compatible equipment, a reliable internet connection, a safe training area, and any software or third-party account reasonably required to access virtual Services. We are not responsible for interruptions caused by your equipment, internet provider, or third-party platforms.

4. EDUCATIONAL PURPOSE; NO GUARANTEE OF RESULTS

The Services are educational and developmental. TCC does not guarantee that you will make, remain on, or receive an offer from any college, NBA, NFL, professional, semi-professional, or other dance team. TCC also does not guarantee any particular audition result, scholarship, employment opportunity, sponsorship, endorsement, income, ranking, level of improvement, or other outcome.

Audition and professional opportunities depend on many factors outside TCC’s control, including your effort, attendance, health, experience, coachability, preparation, performance, conduct, eligibility, team needs, judging criteria, and decisions made by third parties.

Testimonials and examples describe individual experiences and are not promises that you will achieve the same or similar results.

Nothing in the Services creates an employment, agency, partnership, fiduciary, medical, therapeutic, legal, financial, or other professional relationship between you and TCC, its instructors, or its contractors.

5. HEALTH, FITNESS, AND ASSUMPTION OF RISK

Dance, fitness, strength, conditioning, stretching, and related activities involve inherent risks, including falls, collisions, strains, sprains, illness, physical injury, aggravation of an existing condition, disability, and, in rare circumstances, death.

Before participating, you are responsible for determining whether an activity is appropriate for you and for consulting a qualified healthcare professional when needed. Do not participate if you have been advised not to do so. Stop immediately and seek appropriate care if you experience pain, dizziness, shortness of breath, or another concerning symptom.

To the fullest extent permitted by law, you voluntarily assume the known and unknown risks associated with your participation, whether you participate live, virtually, through a recording, or independently. You agree to follow reasonable safety instructions, use an appropriate training space, and modify or discontinue movements based on your own condition and ability.

TCC does not provide medical, nutritional, mental-health, physical-therapy, or other licensed healthcare services. Any wellness, fitness, nutrition, mindset, or conditioning information is general educational information and is not a diagnosis, treatment plan, or substitute for professional care.

To the fullest extent permitted by law, you release and hold harmless TCC and its owners, officers, employees, instructors, coaches, contractors, agents, and affiliates from claims arising from the ordinary and inherent risks of voluntary participation. This release does not apply where prohibited by law or to liability that cannot lawfully be waived.

6. COMMUNITY STANDARDS AND ACCEPTABLE USE

You agree to behave professionally and respectfully in classes, coaching sessions, communities, direct messages, and all other interactions connected to the Services.

You may not:

• harass, threaten, intimidate, stalk, discriminate against, exploit, or harm another person;

• record, screenshot, copy, publish, or distribute another participant’s image, voice, personal information, feedback, performance, or messages without authorization;

• share confidential information disclosed by another participant or instructor;

• impersonate another person or misrepresent your identity, qualifications, or affiliation;

• submit false, deceptive, defamatory, unlawful, infringing, or abusive content;

• interfere with, disrupt, overload, probe, scrape, reverse engineer, or attempt to gain unauthorized access to the Services or related systems;

• use TCC content, recordings, methods, or materials to create, teach, market, or sell a competing or derivative product without written permission;

• copy, resell, sublicense, transfer, or commercially exploit the Services;

• upload malware or use automated systems, bots, or extraction tools except through an interface expressly authorized by TCC;

• violate applicable law, team rules, audition rules, intellectual-property rights, privacy rights, or these Terms; or

• encourage or assist another person in doing any of the above.

We may remove content, restrict participation, suspend access, or terminate an account when we reasonably believe conduct violates these Terms, threatens the safety or experience of others, infringes rights, creates legal or security risk, or disrupts the Services.

7. ELECTRONIC COMMUNICATIONS

By using the Services, you consent to receive electronic records and transactional communications from TCC, including enrollment confirmations, receipts, account notices, program updates, schedule changes, service messages, and support responses.

You agree that electronic notices, disclosures, agreements, and records satisfy any legal requirement that such communications be in writing, to the extent permitted by law.

Marketing email and marketing text-message consent are governed by the choices you make when you opt in. You may unsubscribe from marketing emails through the link in the message. Even after unsubscribing from marketing, we may send non-marketing communications reasonably necessary to deliver a purchased Service, manage your account, process a transaction, respond to you, or comply with law.

8. THE CULTIVATE CODE SMS PROGRAM

8.1 Program Name and Description

The Cultivate Code SMS Program is operated by The Cultivate Code, LLC. If you separately opt in, you may receive:

• non-marketing messages about program and workshop reminders, class or coaching-session notifications, registration and enrollment confirmations, appointment reminders, schedule changes, account updates, purchase or service updates, and customer support; and/or

• marketing messages about TCC programs, events, classes, resources, special offers, promotions, and service updates.

Consent to marketing text messages is not a condition of purchasing any product or service. Marketing and non-marketing text-message consent may be requested separately. We will send only the categories of messages to which you consent, except where a message is otherwise permitted by law.

8.2 Message Frequency and Charges

Message frequency varies based on your selections, registrations, purchases, program schedule, and interactions with TCC. Message and data rates may apply to messages sent to you from us and from you to us. Contact your wireless provider with questions about your text or data plan.

8.3 Opting Out

You can cancel SMS messages at any time by replying STOP to 1-925-401-3543 or to the number from which you received the message. After you send STOP, we will send a confirmation message that you have been unsubscribed. After confirmation, you will no longer receive SMS messages from that messaging program unless you later opt in again.

To rejoin after opting out, sign up again through an authorized TCC opt-in method or reply START when that option is available.

8.4 Help

For assistance, reply HELP to 1-925-401-3543 or contact [email protected].

8.5 Carrier Disclaimer

Wireless carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your carrier and is not guaranteed.

8.6 Privacy and Consent Records

For information about how we handle personal information, review our Privacy Policy at https://www.cultivatecode.co/privacy-policy.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information sharing with subcontractors that support the messaging service or customer support is permitted. All other use-case categories exclude text-message originator opt-in data and consent; this information will not be shared with third parties, except aggregators and providers necessary to operate the text-messaging service or as required by law.

You may not transfer your consent to another person. TCC will not treat consent obtained by purchasing or acquiring a lead list as valid consent.

8.7 Compliance

The SMS Program is intended to comply with applicable federal and state law and relevant wireless-industry standards. You agree not to use the SMS Program for unlawful, abusive, fraudulent, or prohibited content.

9. PURCHASES, PRICES, AND TAXES

Prices, payment schedules, access periods, and included features are stated at checkout or in a written enrollment agreement. You agree to provide current, complete, and accurate billing information and authorize TCC and its payment processors to charge your selected payment method for the amounts and on the schedule presented to you.

Unless otherwise stated, prices are in U.S. dollars and do not include taxes. You are responsible for applicable sales, use, excise, or similar taxes, excluding taxes imposed on TCC’s income.

We may correct pricing or description errors before fulfilling an order and may refuse or cancel an order affected by fraud, unauthorized activity, or a material error. If we cancel after payment for a reason unrelated to your breach, we will refund the amount paid for the cancelled portion.

10. ONE-TIME PURCHASES

Certain Services, such as workshops, masterclasses, drop-in classes, event tickets, templates, e-books, guides, recordings, or other digital products, may be sold as one-time purchases. Your payment method will be charged at the time of purchase unless the checkout page states otherwise.

Access terms, event dates, and replay expiration dates are part of the offer. Failure to attend, download, or use a Service during the stated access period does not create a right to a refund.

11. FIXED-TERM PROGRAMS AND PAYMENT PLANS

Fixed-term coaching and training programs are not month-to-month subscriptions unless the applicable checkout page expressly identifies them as subscriptions.

If you choose a payment plan or split-payment option for a fixed-term program, you are purchasing the entire program and agreeing to pay the full program price. The installments are a payment accommodation and are not separate monthly purchases. You may not cancel the remaining installments merely because you stop participating, miss sessions, do not use the materials, change your plans, or no longer wish to continue.

The first installment is due at enrollment. Remaining installments will be charged automatically on the schedule disclosed at checkout or in your enrollment agreement. You authorize TCC to retain a valid payment method and charge each installment when due.

If a scheduled payment fails, you will have three (3) days to resolve the payment issue. If the next attempt fails, you will have an additional two (2) days to update your payment method. If payment is not resolved by the third attempt, you will be in default and, to the extent permitted by law, the full unpaid balance may become immediately due.

Upon default, TCC may suspend access to the Services, cancel future participation, use a collection service, or pursue lawful collection remedies. You may be responsible for reasonable collection costs, court costs, and attorneys’ fees to the extent permitted by law.

12. SUBSCRIPTIONS, MEMBERSHIPS, AND AUTOMATIC RENEWAL

Some offerings, including Choreo Club or another offering clearly identified at checkout, may be sold as recurring subscriptions or memberships.

When you purchase a recurring offering, you authorize TCC to charge your payment method at the price and frequency disclosed at checkout until you cancel. A monthly subscription renews each month, and an annual subscription renews each year, unless the specific offer states a different renewal period.

You may cancel a subscription by following the cancellation instructions in your account or by emailing [email protected] before the next renewal charge. Cancellation takes effect at the end of the then-current paid billing period. Except where required by law or expressly stated in the offer, subscription charges are non-refundable and we do not provide prorated refunds for unused time.

Cancellation of a subscription does not cancel or forgive amounts owed under a separate fixed-term program or installment plan.

If a free or discounted trial converts to a paid subscription, the length of the trial, the amount to be charged, and the renewal frequency will be disclosed before enrollment. You must cancel before the trial ends to avoid the first recurring charge.

We may change a recurring price or material subscription term by giving advance notice required by applicable law. The change will apply no earlier than your next renewal after the notice period.

13. REFUNDS, CREDITS, AND CHARGEBACKS

Except where required by law or expressly stated in a specific written offer, all sales are final and non-refundable.

This policy applies to fixed-term programs, payment plans, subscriptions, events, classes, coaching, recordings, downloads, digital products, and unused or partially used Services. If TCC issues a refund or credit in its sole discretion, that decision does not create an obligation to issue another refund or credit. Access connected to a refunded purchase may be revoked immediately.

Before initiating a chargeback or payment dispute, contact [email protected] so we can review and attempt to resolve the issue. You agree not to initiate a chargeback for a charge you authorized and that is valid under these Terms. Fraudulent or abusive chargebacks may result in suspension, termination, and lawful collection of amounts owed. Nothing in this paragraph waives a right that cannot legally be waived.

14. INTELLECTUAL PROPERTY AND LIMITED LICENSE

The Services and all associated content, including curricula, methods, frameworks, course materials, recordings, choreography to the extent owned or licensed by TCC, videos, audio, photographs, graphics, text, templates, downloads, designs, logos, trademarks, trade names, slogans, and software (“TCC Content”), are owned by or licensed to TCC and are protected by intellectual-property laws.

Subject to your compliance with these Terms and payment of applicable fees, TCC grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the TCC Content solely for your own non-commercial education and training during the applicable access period.

You may not reproduce, republish, upload, post, transmit, distribute, perform, display, sell, license, modify, create derivative works from, teach from, commercially exploit, or otherwise use TCC Content except as expressly authorized in writing. No ownership interest is transferred to you.

TCC names, logos, program names, and branding may not be used without prior written permission. All rights not expressly granted are reserved.

15. SESSION RECORDINGS

Live classes, coaching calls, events, workshops, or community sessions may be photographed or recorded for program replays, quality assurance, internal training, recordkeeping, or other purposes disclosed to participants.

By entering and participating in a session that is identified as being recorded, you consent to the capture of your name, image, voice, chat messages, performance, questions, and participation for delivery of that session and related replays to authorized participants.

We will obtain any additional authorization required by law before using an identifiable participant’s image, voice, performance, or story in public advertising or promotional materials, unless the participant voluntarily submits that material for promotional use under Section 17.

If you do not want to appear in a recording, contact TCC before the session and keep your camera and microphone off when permitted. Some interactive offerings may require visible participation; contact us before purchasing if this is a concern.

16. USER CONTENT

The Services may allow you to submit videos, audition materials, photographs, comments, messages, questions, feedback, profile information, assignments, reviews, or other content (“User Content”).

You retain ownership of your User Content. You grant TCC a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, display, and share your User Content only as reasonably necessary to provide, administer, improve, secure, or support the Services and to comply with law. This license ends when the content is no longer reasonably needed for those purposes, subject to backup, recordkeeping, legal, and operational requirements.

You represent that you own or have all permissions needed for your User Content and that its use as described in these Terms will not violate law or another person’s rights.

You may not upload music, choreography, photographs, recordings, or other content unless you have permission to use it. You are responsible for complying with audition, team, music, venue, and platform rules that apply to your submissions.

17. TESTIMONIALS, REVIEWS, AND PROMOTIONAL PERMISSION

Reviews and testimonials must reflect genuine experiences and may not be false, misleading, defamatory, unlawful, or submitted in exchange for an undisclosed incentive.

If you voluntarily submit a testimonial, success story, review, photograph, video, or other material for promotional use, or separately authorize TCC to use it, you grant TCC a non-exclusive, worldwide, royalty-free license to reproduce, edit for length or clarity without materially changing the meaning, publish, display, distribute, and use the authorized material, together with the name, general likeness, team category, or result you authorize, in TCC marketing and promotional materials.

You may request that TCC stop new promotional uses by emailing [email protected]. The request will apply prospectively where reasonably practicable and will not require recall of materials already printed, published, distributed, or contractually committed.

Individual results vary. TCC may remove or decline to publish content at its discretion but has no obligation to publish any submission.

18. FEEDBACK

If you provide ideas, suggestions, or feedback about improving TCC’s Services, you grant TCC the right to use that feedback without restriction or compensation. This provision does not transfer ownership of your confidential personal information, coaching submissions, audition materials, or other User Content.

19. THIRD-PARTY SERVICES, LINKS, AND AFFILIATE DISCLOSURE

The Services may rely on or link to third-party platforms, payment processors, videoconferencing services, community tools, scheduling tools, social networks, music services, or other websites and resources. TCC does not control and is not responsible for the availability, security, content, policies, or conduct of those third parties. Your use of a third-party service may be subject to separate terms and privacy policies.

Some links may be affiliate links. If you purchase through an affiliate link, TCC may receive a commission at no additional cost to you. An affiliate relationship does not change your agreement with the third-party seller.

20. COPYRIGHT COMPLAINTS

If you believe material available through the Services infringes a copyright you own or control, send a written notice to [email protected] that identifies the copyrighted work, the allegedly infringing material and its location, your contact information, a good-faith statement that the disputed use is not authorized, and a statement under penalty of perjury that the information in your notice is accurate and that you are authorized to act for the copyright owner.

21. PRIVACY

Our Privacy Policy explains how we collect, use, disclose, and protect personal information and is incorporated into these Terms. It is available at:

https://www.cultivatecode.co/privacy-policy

22. SUSPENSION AND TERMINATION

You may stop using the Services at any time, but stopping use does not cancel a fixed-term payment obligation or entitle you to a refund.

TCC may suspend, restrict, or terminate access if you breach these Terms, fail to pay an amount when due, misuse TCC Content, threaten or harm another person, disrupt a program or community, create legal or security risk, or engage in conduct inconsistent with the integrity of the Services.

When reasonably appropriate, TCC may provide notice and an opportunity to correct a violation. We may act immediately for serious misconduct, safety concerns, fraud, infringement, non-payment, unlawful activity, or material risk.

If access is terminated because of your breach, no refund will be issued and outstanding payment obligations will remain due. Sections that by their nature should survive termination will survive, including payment obligations, intellectual property, releases, disclaimers, limitations of liability, indemnification, dispute resolution, and miscellaneous terms.

23. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND TCC CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TCC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ALL TIMES; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY CONTENT, INSTRUCTOR FEEDBACK, RESULT, OR INFORMATION WILL BE COMPLETE, ACCURATE, OR SUITABLE FOR YOUR PARTICULAR PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

24. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, TCC AND ITS OWNERS, OFFICERS, EMPLOYEES, INSTRUCTORS, COACHES, CONTRACTORS, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, OPPORTUNITIES, DATA, OR GOODWILL; OR DAMAGES ARISING FROM YOUR INABILITY TO ACCESS OR USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TCC AND THE OTHER RELEASED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO TCC FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

THESE LIMITATIONS DO NOT APPLY TO GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT, OR LIABILITY THAT CANNOT LEGALLY BE LIMITED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

25. INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless TCC and its owners, officers, employees, instructors, coaches, contractors, agents, and affiliates from claims, liabilities, damages, judgments, losses, and reasonable costs and attorneys’ fees arising out of or relating to your User Content; your misuse of the Services; your violation of these Terms or applicable law; your infringement or violation of another person’s rights; or your intentional or negligent conduct in connection with the Services.

TCC may assume control of the defense of a matter subject to indemnification, and you agree to reasonably cooperate. You may not settle a claim in a manner that imposes liability or an admission on TCC without TCC’s written consent.

26. INFORMAL DISPUTE RESOLUTION

Before filing a lawsuit or arbitration, you and TCC agree to make a good-faith effort to resolve the dispute informally. The party raising the dispute must send a written notice describing the issue and requested resolution.

Notices to TCC must be sent to [email protected] and:

The Cultivate Code, LLC

9205 W Russell Rd, Building 3, Ste 240

Las Vegas, Nevada 89148

The receiving party will have thirty (30) days to respond before either party begins formal proceedings. This requirement does not prevent either party from seeking urgent temporary or injunctive relief where necessary to prevent immediate harm.

27. BINDING ARBITRATION; CLASS-ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for an eligible individual claim filed in small-claims court or a claim seeking temporary or injunctive relief for actual or threatened misuse of intellectual property, confidentiality, security, or personal rights, disputes arising out of or relating to these Terms or the Services will be resolved by confidential, binding arbitration on an individual basis.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules and will be governed by the Federal Arbitration Act. Unless the parties agree otherwise or applicable rules or law require another location, the arbitration will take place remotely or in Clark County, Nevada. The arbitrator may award any individual remedy available in court but may not consolidate the claims of more than one person or preside over a class, collective, coordinated, or representative proceeding.

YOU AND TCC WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, COORDINATED, OR REPRESENTATIVE ACTION TO THE FULLEST EXTENT PERMITTED BY LAW.

Arbitration fees will be allocated under the applicable AAA rules and applicable law. Each party will be responsible for its own attorneys’ fees unless a statute, these Terms, or the arbitrator authorizes an award of fees.

You may opt out of this arbitration agreement by emailing [email protected] within thirty (30) days after you first accept this version of the Terms. Your notice must include your full name, the email associated with your account or purchase, and an unambiguous statement that you are opting out of arbitration. Opting out of arbitration does not opt you out of the remaining Terms.

28. GOVERNING LAW AND VENUE

These Terms and the Services are governed by the laws of the State of Nevada, without regard to conflict-of-law principles, except to the extent federal law applies.

For a dispute not subject to arbitration, you and TCC consent to the exclusive jurisdiction and venue of the state and federal courts located in Clark County, Nevada, except that an eligible individual claim may be filed in any small-claims court with lawful jurisdiction.

To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after the claim arose. This limitation does not apply where a longer period is required by law.

29. CALIFORNIA USERS AND RESIDENTS

If California Civil Code section 1542 applies, you acknowledge that it generally limits a release of claims that the releasing party does not know or suspect to exist at the time of the release. To the fullest extent permitted by law, you waive the protections of section 1542 and any similar law with respect to claims covered by a valid release in these Terms.

California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs as provided by applicable law.

30. CHANGES TO THESE TERMS

We may update these Terms from time to time. When we do, we will post the revised version and update the “Last Updated” date. If a change materially affects an existing paid Service, we will provide any additional notice required by law.

Changes apply prospectively when posted or on the date stated in the notice. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms. If you do not agree to a revision, you must stop using the Services and, for a recurring subscription, cancel before the next renewal. Changes do not eliminate payment obligations already incurred.

31. FORCE MAJEURE

TCC will not be liable for delay, interruption, rescheduling, or failure caused by events beyond its reasonable control, including severe weather, natural disaster, epidemic, pandemic, utility or internet outage, platform failure, labor dispute, government action, illness, emergency, travel disruption, or the unavailability of a venue or instructor.

When reasonably possible, TCC may provide a rescheduled session, substitute instructor, replay, credit, or comparable alternative based on the circumstances and the applicable offer.

32. MISCELLANEOUS

These Terms, the Privacy Policy, and any applicable written offer or program agreement constitute the entire agreement between you and TCC regarding the Services and supersede prior discussions or communications on the same subject.

If a provision is found unlawful or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.

TCC’s failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific instance stated.

You may not assign or transfer your rights or obligations under these Terms without TCC’s written consent. TCC may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or transfer of the Services.

Section headings are for convenience only. The words “including” and “includes” mean “including without limitation.” Electronic signatures and acceptance are valid to the extent permitted by law.

33. CONTACT US

Questions about these Terms or the Services may be sent to:

The Cultivate Code, LLC

9205 W Russell Rd, Building 3, Ste 240

Las Vegas, Nevada 89148

Email: [email protected]

SMS Support: 1-925-401-3543

Website: https://www.cultivatecode.co

Privacy Policy: https://www.cultivatecode.co/privacy-policy