General Terms of Use

Definitions

“Pollinate” or “EXLI” or “We” or “Us” refers to the Experiential Leadership Initiative, LLC (EXLI), the owner, creator and manager of the pollinate.life software and technology platform.

Users” or “You” of “Your” refers to you or any persons, including but not limited to, individuals, the company You represent, students and people enrolled in a Practice Program via the Platform or visitors to any pages part of the www.pollinate.life domain.

Program Provider” or “Content Provider” means any individual, organization or group of people using the Platform to engage and sell Services to Users in connection with a Practice Program.

Practice Program” or “Submitted Content” means Program Provider owned and/or controlled content including, but not limited to, training materials, videos, products, content, graphics, voice, and sound recordings, photos, documents, text, and other resources, for which Program Provider wishes to utilize the Pollinate.life Platform to promote, publish, and distribute content to Users.

Pollinate.life Platform” or “Platform” refers to EXLI’s proprietary software, web site and App development, publishing, and e-commerce tools, content and services which allows Program Providers to create, develop, enhance, market, publish, distribute, and sell Practice Programs to Users.

Content” or “Services” or “Products” refers to all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or EXLI copyrightable materials or content, including the selection and arrangements thereof.

Introduction

This Agreement binds you to the terms and conditions set forth herein in connection with your use of EXLI’s Platform, software, mobile applications, Products, Services or other offerings on our site. By using any of the Platform or Services or Products or clicking on the “signup” button, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions of this Agreement, to not use the Platform or Products or Services.

General

The Platform enables Users to connect with Program Providers who provide Practice Programs hosted on the Platform.  All of Your use, access and other activities relating to the Platform, Site and the Products must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with Your use of the Platform, You agree to not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of the Site; frame or embed the Site or Products; impersonate another person or gain unauthorized access to another person's Account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or operation of the Site; scrape, spider, use a robot or other automated means of any kind to access the Products.

EXLI reserves the right to revise these Terms in its sole discretion at any time. Your continued use of the Platform after changes become effective shall mean that You accept those changes. Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to any dispute between You and EXLI that arose prior to the date of such revision.

EXLI may modify the Platform, Products and Services or discontinue their availability at any time.

If You elect to access or use Products that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize EXLI to charge Your credit card on a regular basis to pay the fees as they are due.

If Your payment method fails or Your account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block Your access to any Products pending resolution of any amounts due by You to EXLI.

General Disclaimer

We do not hire or employ Program Providers nor are We responsible or liable for any interactions involved between Program Providers their clients or customers. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Program Providers or Users, including, but not limited to, any User’s reliance upon any information provided by a Program Provider.

We do not control Submitted Content posted in Practice Programs and do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that use of the Practice Programs may expose You to Content that You consider offensive, indecent, or objectionable. EXLI has no responsibility to keep such content from You and no liability for Your access or use of any Submitted Content, to the extent permissible under applicable law.

The Site and Products may give You access to links to third-party Websites ("Third Party Sites"), either directly or through Practice Programs or Program Providers. EXLI does not endorse any of these Third Party Sites and does not control them in any manner. Accordingly, EXLI does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect Your personal information and privacy on such Third Party Site.

User Obligations

If You are participating in a Practice Program the following additional terms and conditions apply, and You represent, warrant and covenant that:

  1. You have read, understood, and agree to be bound by the price charged by the Program Provider before using the Site or registering for a Practice Program;

  2. You are over the age of 18, or, if not, You will only use Practice Programs with the involvement, supervision, and approval or a parent or legal guardian. Children under the age of 13 may not register for an account or register or purchase Practice Programs.

  3. You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or the Products;

  4. You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;

  5. You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any EXLI Content, the Products or Services or Content or Practice Programs except as permitted by these Terms or the relevant Program Provider as applicable;

  6. You will not disclose any personal information to a Program Provider, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information; and

  7. You will not solicit personal information from any Program Provider or other User.

Program Provider Obligations

If You are teaching, coaching, mentoring or instructing Users in connection with a Practice Program You are a Program Provider and the following terms and conditions apply. You represent, warrant and covenant that:

  1. You are over the age of 18 or, if not, You are between the ages of 13 and 17 and a third party parent or legal guardian has agreed to these Terms and the Program Provider Terms and will assume responsibility and liability for Your performance and compliance hereunder.

  2. Your use of the Platform is subject to EXLI's approval, which We may grant or deny at Our sole discretion;

  3. You need to complete the Program Provider enrollment form and if You will charge fees for Your Practice Programs You will also need to agree to the Program Provider Terms (www.pollinate.life/programproviderterms);

  4. You are responsible for all of Your Submitted Content, that You own or have the necessary licenses, rights, consents, and permissions, and have the authority to authorize EXLI, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of Your Submitted Content on and through the Platform, and that no Submitted Content shall infringe or misappropriate any intellectual property right of a third party;

  5. You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services You offer on and through the Platform and Your Practice Programs;

  6. You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;

  7. You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Platform or to any User;

  8. You will not use the Platform for any purpose other than for providing teaching, mentoring, training and instructional services to Users;

  9. You will not engage in any activity that will require EXLI to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;

  10. You will not copy, modify or distribute EXLI Content except as permitted in this Agreement;

  11. You will not interfere with or otherwise prevent other Program Providers from providing their services or Practice Programs;

  12. You will maintain Your enrollment and account information, and all such enrollment and account information shall be accurate;

  13. You shall respond promptly to Users seeking Your services and ensure a quality of service commensurate with the standards of Your industry and instruction services in general;

Conduct

You may only access the Platform and Practice Programs for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Products or Services. You agree not to use the Practice Programs or EXLI Content to recruit, solicit, or contact in any form Program Providers or potential users for employment or contracting for a business not affiliated with us without Our advance written permission. You assume any and all risks from any meetings or contact between You and any Program Providers or other Users of the Products.

Account Registration

To use certain Products or Services or Practice Programs, You will need to register and obtain an account, username and password. When You register, the information You provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your "Account") and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us immediately of any unauthorized use of Your Account and any other breach of security.  To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorized access to Your Account.

You may not transfer Your Account to any other person and You may not use anyone else's Account at any time without the permission of the account holder. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User's access to and use of the Products; and (iii) the consequences of any misuse.

Content, Licenses & Permissions

Where EXLI provides Content to You in connection with the Platform, including, without limitation, the Software and the Products and the Site, it is "EXLI Content." Content uploaded, transmitted or posted to the Site or through the Products by a User is "Submitted Content." Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to EXLI with respect to Your Submitted Content and that EXLI shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.

You hereby grant EXLI a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content on the Site and through the Products, and sublicense it to Program Providers and Users for these purposes directly or through third parties. Notwithstanding the foregoing, You have the right to remove all or any portion of Your Submitted Content from the Site at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new uses, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.

EXLI hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and EXLI Content, for which You have paid all required fees, solely for Your personal, non-commercial, educational purposes through the Site and the Products, in accordance with these Terms and any conditions or restrictions associated with particular Practice Programs or Products. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or EXLI Content unless We give You explicit permission to do so. Submitted Content and EXLI Content is licensed, and not sold, to You. Program Providers may not grant You license rights to Submitted Content You access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms.

EXLI respects all copyright, privacy, defamation and other laws relating to content and information and will not tolerate violation of such laws. Notwithstanding the foregoing, EXLI does not screen Program Provider’s Submitted Content and all use of the Submitted Content by you is at your own risk and EXLI shall have no liability for such use. In particular, no review or posting or appearance of the Submitted Content or Practice Program on the site or through the Platform is intended to act as an endorsement or representation that any Submitted Content or Practice Program is free of violation of any copyright, privacy or other laws or will suit a particular purpose or be accurate or useful.

If You believe that Submitted Content of Yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that Submitted Content of a third party or any EXLI Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it to EXLI via email sent to support@pollinate.life.

All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.

Program Provider Terms

If you are using the Platform to engage with and sell Services to Users in connection with a Practice Program then you agree to the terms set forth in the Program Provider Terms Agreements which can be found at www.pollinate.life/programproviderterms.  If there is a conflict between these Terms and the Program Provider Terms, the Program Provider Terms will govern.

Privacy

Any personal information submitted in connection with Your use of the Platform is subject to Our Privacy Policy, located at www.pollinate.life/privacypolicy which is hereby incorporated by reference into these Terms.

Trademarks

The trademarks, service marks, and logos used and displayed on the Platform, in the Products or in any EXLI Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.

Warranty Disclaimer

The Platform, Practice Programs, Submitted Content, Products, Services, and any other materials made available on or through the Platform are provided "as is," without any warranties of any kind and, to the fullest extent permissible under applicable law, EXLI hereby disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.

Limitation of Liability

To the fullest extent permissible under applicable law, neither party shall be liable hereunder under any theory of liability, including, without limitation, contract, tort or negligence, for any losses, unless such losses were reasonably foreseeable at the time you agreed to this terms. EXLI’s total liability hereunder shall be limited to the amounts paid in connection with the practice programs or products under which such liability arose.

Indemnification

You hereby indemnify, defend and hold harmless EXLI, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.

Termination

We may terminate Your use of the Products or Platform immediately without notice for any breach by You of these Terms or any of Our applicable policies, as posted on the Site from time to time. We may discontinue offering any Product, Practice Program, or Content at any time (which will terminate Your right to offer these Practice Programs if You are a Program Provider).

You may terminate Your use of the Site or the Products at any time, either by ceasing to access them, or by contacting us at support@pollinate.life (but if You are a Program Provider then Users enrolled in Your Practice Programs prior to termination shall continue to have access to them for the duration of the Practice Program). We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Platform, Products and Content. Any accrued rights to payment and all representations and warranties shall survive termination.

Electronic Notices

By using the Products or communicating with EXLI, You agree that EXLI may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Platform or these Terms. If EXLI learns of a security system's breach, EXLI may attempt to notify You electronically by posting a notice on the Products or sending an email to You. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw Your consent from receiving electronic notice), please write to EXLI at support@pollinate.life.

Entire Agreement.

These Terms and any policies applicable to You posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

Severability

If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.

Waiver

A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of EXLI to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Notice

Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

No Agency

Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither EXLI nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.

Governing Laws

These Terms and Your use of the Site and the Products shall be governed by the substantive laws of the State of California without reference to its choice or conflicts of law principles.