
Terms and Conditions
This is an agreement ("Agreement") between Village Cultivators ("we", "us", or
"www.villagecultivators.com" or “Company”) and you, an end user ("you",
“Client”, “customer” or "user") of Village Cultivators Services (the "Service")
as described herein. By establishing, activating, using, or paying for the
Service, you acknowledge that you have read and understood these terms, you
agree to the terms and conditions in this Agreement, and you represent that you
are of legal age to enter this Agreement and become bound by its terms and to
the prices, charges, and conditions provided to you in association with your
enrollment as a Client, including marketing materials and the Company website,
which are incorporated herein by reference. This Agreement governs the Service -
such as Angel Investment Membership Services, Angel Investor Events, Angel
Investment Marketing, Business Incubation, Entrepreneur Mentoring, Business
Consulting, Business Development, Village Cultivators Educational Programs,
Village Cultivators Business Plan Service, Investor Relations, Public Relations,
Website Design, Capital Raising, Logo Design, Incorporation Services, Investor
Search Services, or Marketing - website, or software used in conjunction with
the Service.
I.
You agree to the terms and conditions outlined in this Terms and Conditions
("Agreement") with respect to our site (the "Site"). This Agreement constitutes
the entire and only agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and understands with
respect to the Site, the content, products or services provided by or through
the Site, and the subject matter of this Agreement. Any changes made to this
agreement will be posted on our website and/or emailed to registered users,
members, and members of The Mentoring Program within three business days of any
changes.
II.
The moment your membership order is placed, our staff will immediately start
setting up your account and your consultant will act as your primary contact
person. The staff will start researching your project and working on your
account. For this reason all orders are non-refundable and we do not have a
cancellation policy. Any chargeback or payment dispute in association with
services that have been purchased through Company will be sent to collections
that may negatively affect your credit. Once Company is notified of a
chargeback, we will notify you via email, this notification will provide you
with 30 days to resolve this matter, if payment is not received in full within
30 days, Company reserves the right to send your account to a collections agency
of our choice. A chargeback fee of $99 may be applied to your account upon
notification of a chargeback.
III.
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the site, except as
allowed by Company, is strictly prohibited.
IV.
Our Site may contain links to other Web sites. We are not responsible for the
content; accuracy or opinions expressed in such Web sites, and such Web sites
are not investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our Site and
access a third-party site, you do so at your own risk.
V.
Certain sections of, or offerings from, the Site may require you to register. If
registration is requested, you agree to provide us with accurate, complete
registration information. Your registration must be done using your real name
and accurate information. We do not permit (a) any other person using the
registered sections under your name; or (b) access through a single name being
made available to multiple users on our network. You are responsible for
preventing such unauthorized use.
VI.
The estimated turnaround time for an Village Cultivators Business Plan Service
is 10 to 14 business days. The turnaround estimation is based on the date that
we receive all applicable information to complete your plan. This means that the
email questionnaire needs to be completed by either you or by you and the
Consultant. You understand that this turn around estimation is a best
approximation of when the work will be completed and is not guaranteed in any
way.
VII.
We do not guarantee a turnaround time on plan revisions. Estimated turnaround
time is 72 hours. Plan revisions will be processed in the order in which they
are received and will be processed/completed with respect to your plan writer’s
or consultant’s current work load.
VIII.
For the business plan, it will be your responsibility to attend all scheduled
meetings with your business plan consultant in order for us to receive all
applicable information to complete your Plan. This will enable us to begin
writing your Plan. If you have any questions during the discovery process, we
will do our best either to answer your questions or to direct you to the
possible source of the answers to your questions. Essentially, the business plan
includes the following services from Company: Approximately 25-45 hours of total
work including interview, follow up, and revision, limited writing and
re-writing, spell and grammar check, generation of tables and color charts, and
all formatting. At the end of three months from the date of your order, if we
have not heard from you or had contact with you, we will deem that we have
provided you sufficient time to complete the Plan and that our performance is
complete. Henceforth, we shall no longer assume the responsibility of completing
your Plan and we will issue no refunds.
IX.
Custom Graphics means customer provided graphics such as logos, photos or
products or services, or diagrams. Business plan customers may provide a total
of 3 custom graphics, in an acceptable format, for inclusion into their business
plan.
X.
The length of the plans is only given in terms of approximate number of pages.
This is because there are too many variables responsible for determining a
length of a plan, and the focus will be more on the quality of the plan rather
the quantity.
XI.
The terms Bank Ready, SBA Ready, Venture Capital Ready and Investor Ready, and
Grant Ready simply refer to the standard format of our business plan, which
follows the general guidelines set forth by the U.S. Small Business
Administration. There may be other specific formats required by Banks,
Investors, Venture Capital, Grant-making entities or other entities. It is the
responsibility of the customer to request those other formats and Company may or
may not quote an additional charge for those other formats, or decline to
provide its plan in the other format.
XII.
The moment your order is placed, our staff will immediately start setting up
your account and your Consultant will act as your primary contact person. The
staff will start researching your project and working on your account. For this
reason, and because the turnaround times are relatively short, all orders are
non refundable and we do not have a cancellation policy. Any chargeback or
payment dispute in association with services that have been purchased through
Company will be sent to collections that may negatively affect your credit. Once
Company is notified of a chargeback, we will notify you via email and postal
mail, this notification will provide you with 30 days to resolve this matter, if
payment is not received in full within 30 days, Company reserves the right to
send your account to a collections agency of our choice. A chargeback fee of $99
may be applied to your account upon notification of a chargeback.
XIII.
We promise to deliver a business plan that has been formatted professionally,
and that has all the sections included that we have information for.
Furthermore, we promise to include tables, and color charts and graphics. The
completed plan will be made available in both Word and PDF formats. All plans
will be custom written. We will also spend the amount of time we promise on the
client's plan. All plans will be checked for correct grammar and spelling.
XIV.
Clients who purchase the Village Cultivators Angel Investment services will
receive all applicable materials, documents, files and written instructions via
email along with coaching from your Consultant. The moment your order is placed,
our staff will immediately start setting up your account and your Consultant
will act as your primary contact person. For this reason, and because you will
have received all materials necessary along with ownership of said materials all
orders are non refundable and we do not have a cancellation policy. You may not
resell or distribute any of Village Cultivators materials, documents, files or
written instructions. Any chargeback or payment dispute in association with
services that have been purchased through Company will be sent to collections
that may negatively affect your credit. Once Company is notified of a
chargeback, we will notify you via email, this notification will provide you
with 30 days to resolve this matter, if payment is not received in full within
30 days, Company reserves the right to send your account to a collections agency
of our choice. A chargeback fee of $99 may be applied to your account upon
notification of a chargeback.
XV.
Information contained on or made available through the Site or an Company
employee or subcontractor is not intended to and does not constitute legal
advice, recommendations, mediation or counseling under any circumstance and no
attorney-client relationship is formed. We do not warrant or guarantee the
accurateness, completeness, adequacy or currency of the information contained in
or linked to the Site. Your use of information on the Site or from a Company
employee or subcontractor or materials linked to the Site is entirely at your
own risk. We are not a law firm and the Site is not a lawyer referral service.
XVI.
Company will treat every client with the highest level of respect and
professionalism. You agree that all client communication is documented and we
reserve the right to assign a client to a different employee or subcontractor or
terminate an agreement at any time due to uncooperative or abusive clients. In
the event of this occurrence, we reserve the right to terminate our agreement
and return 0% of the order total for incomplete work.
XVII.
The capital raising / angel investment sourcing service provides introduction to
angel investors, angel groups, institutional investors, alternative financing,
grant resources, commercial finance providers, brokers and lenders. No action or
service provided by Company constitutes or implies the endorsement,
recommendation, or appropriateness of a particular investment opportunity for
any investor or entrepreneur. Any information provided by Company to investors
or entrepreneurs are to be used for informational purposes only and in no way
constitute or imply the endorsement, recommendation, or appropriateness of a
particular investment opportunity. Company makes no independent investigation to
verify the integrity of the information submitted to potential investors or
entrepreneurs and makes no representations or warranties with respect to the
truthfulness of the information provided by applicant investors or
entrepreneurs. As a result, potential investors and entrepreneurs must conduct
their own investigation of the merits and risks of each investment opportunity,
and independently negotiate the terms of their investment and/or agreement. All
users of the capital raising/sourcing service are strongly encouraged to seek
legal and other professional counsel prior to the making of any decisions. Users
of this service may not use the information provided on the site to gather email
addresses or other contact information of investors and entrepreneurs and their
companies for sale purposes. We reserve the right to deny service of any user
that violates these terms, or for any other reason, without prior notice or
warning. Purchasing Company services does not constitute an offer by Company to
sell or the solicitation by Company of an offer to buy or sell any investment
interest in the business ventures of applicant investors or entrepreneurs. The
actual sale or purchase of an investment interest shall be a private and
independent transaction between the entrepreneur and the investor with or
without any participation by or remuneration to Company.
In no event will Company be liable for any loss of earnings or any other
commercial damages, including without limitation direct or indirect, special,
incidental, or consequential or other indirect damages, losses or expenses
arising out of or in correlation with an independent transaction, agreement, or
interaction between Clients. There may be errors in the information provided by
this service and we strongly suggest that you seek legal counsel prior to
commencement of any potential transaction. All materials provided by this
service are strictly for information purposes. Company does not function as a
broker-dealer or investment advisor and is not registered as such with any
federal or state securities regulator. Company does not sell or offer to sell
any securities and no information contained through this service is intended to
constitute or to be interpreted as any such offer. Company isn’t a loan broker
or originator and receives no compensation from lendors for referring Clients to
lenders, credit providers or financing sources. Further, no representations or
warranties, express or implied, are given regarding the legal or other
consequences resulting from Company referring Clients to funding sources. Any
investor or entrepreneur using this service requesting to contact any other
investor or entrepreneur using our service, does so at their own risk and is
solely responsible for conducting any legal, accounting, or due diligence
review. In no event will Company be liable for any loss of earnings or any other
commercial damages, including without limitation direct or indirect, special,
incidental, consequential, or other indirect damages, losses or costs arising
out of or in correlation with the use of this service or including without
limitation, interactions with other users, claims arising from malfunction or
defects in the site or related service or inability to access or use the site by
any party, or in connection with any failure of performance, error, omission,
interruption, defect, delay in operation or transmission, computer virus or
telecommunications or system malfunction.
XVIII.
Company provides an incorporation and trademark registration referral service
designed to allow you to form your own corporation or file a trademark along
with referrals to financing sources and service providers. Company is not to be
held liable in any way for the actions of any entity a Client is referred to. It
is the Client’s responsibility to perform all due diligence. Company is not a
law firm or loan broker and neither Company nor any of its employees provide
legal services or legal advice. Further, no representations or warranties,
express or implied, are given regarding the legal or other consequences
resulting from the use of our services or forms.
XIX.
You agree to indemnify, defend and hold us and our partners, agents, directors,
employees, subcontractors, successors, assigns, third party suppliers of
information and documents, advertisers, product or service providers, and
affiliates (collectively, "Affiliated Parties") harmless from any liability,
loss, claim and expense related to your violation of this Agreement or use of
the Site.
XX.
Your right to use the Site is not transferable or assignable. Any password or
right given to you to obtain information or documents is not transferable or
assignable.
XXI.
The information, content and documents from or through the site, from the
Company or its employees or subcontractors are provided "as is", "as available",
with "all faults", and all warranties, express or implied, are disclaimed
(including but not limited to the disclaimer of any implied warranties of
merchantability and fitness for a particular purpose). The information and
services may contain bugs, errors, problems or other limitations. We and our
affiliated parties have no liability whatsoever for your use of any information
or service, except as stated in the agreement. In particular, but not as a
limitation thereof, we and our affiliated parties are not liable for any
indirect, special, incidental or consequential damages (including damages for
loss of business, loss of profits, litigation, or the like), whether based on
breach of contract, breach of warranty, tort (including negligence), product
liability or otherwise, even if advised of the possibility of such damages. The
negation and limitation of damages set forth above are fundamental elements of
the basis of the bargain between us and you. This site and the products,
services, documents and information presented would not be provided without such
limitations. No advice or information, whether oral or written, obtained by you
from us through the site or otherwise shall create warranty, representation or
guarantee or expressly stated in this agreement. All responsibility or liability
for any damages caused by viruses contained within the electronic file
containing a form or document is disclaimed.
XXII.
Company and any Affiliated Party shall not be liable for any loss, injury,
claim, liability, or damage of any kind resulting in any way from; any errors in
or omissions from the Site or any services or products obtainable therefore. The
unavailability or interruption of the Site or any features thereof. Your use of
the Site. The content contained on the Site. Any delay or failure in performance
beyond the control of a Covered Party. The aggregate liability of us and the
affiliated parties in connection with any claim arising out of or relating to
the site and/or the products, information, documents and services provided
herein or hereby shall not exceed the amount paid for our services and that
amount shall be in lieu of all other remedies which you may have against us and
any affiliated party.
XXIII.
We take your privacy and the use of the information that you provide us very
seriously, we use only the highest level of security when handling confidential
customer information. Our Privacy Policy is a part of this Agreement and can be
reviewed by clicking on the "Privacy Policy" links throughout our website.
XXIV.
You agree to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the Site and the
Content and Materials provided therein.
XXV.
This Agreement shall be treated as though it were executed and performed in
Orlando, Florida and shall be governed by and construed in accordance with the
laws of the State of Florida (without regard to conflict of law principles). Any
cause of action by you with respect to the Site (and/or any information,
Documents, products or services related thereto) must be instituted within (1)
year after the cause of action arose or be forever waived and barred. All
actions shall be subject to the limitations set forth in this Agreement. The
language in the Agreement shall be interpreted as to its fair meaning and not
strictly for or against any party. Any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not apply to
interpreting this Agreement. This Agreement and all incorporated agreements and
your information may be automatically assigned by us at our sole discretion to a
third party in the event of an acquisition, sale or merger. If any provision of
this agreement is held illegal, invalid or unenforceable for any reason, that
provision shall be enforced to the maximum extend permissible, and the other
provisions of this Agreement shall remain in full force and effect. If any
provision of this Agreement is held illegal, invalid or unenforceable, it shall
be replaced, to the extent possible, with a legal, valid, and unenforceable
provision that is similar in tenor to the illegal, invalid, or unenforceable
provision as is legally possible. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement, this Agreement
shall take precedence. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right to enforce such
provision. Our rights under this Agreement shall survive any termination of this
Agreement. The title, headings and captions of this Agreement are provided for
convenience only and shall have no effect on the construction of the terms of
this agreement.
XXVI.
Any legal controversy or legal claim arising out of or relating to this
Agreement or our services, excluding legal action taken by us relating to Site
operations and/or intellectual property, shall be settled solely by confidential
binding arbitration in accordance with the commercial arbitration rules
applicable at the time the arbitration commences. Any such controversy or claim
shall be arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in Orlando, Florida. Each party shall bear its own attorneys'
fees. Each party shall bear one-half of the arbitration fees and costs incurred.
XXVII.
We do not represent or warrant that the Site will be error-free, free of viruses
or other harmful components, or that defects will be corrected. We do not
represent or warrant that the information available on or through the Site will
be correct, accurate, timely or otherwise reliable. We may make changes to the
features, functionality, services, products or content of the Site at any time.
We reserve the right at our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
XXVIII.
The information contained in this website or provided through our services is
provided with the understanding that the authors, employees and/or owners of
Company are not providing any legal, accounting or any other professional advice
on the subject matter and therefore assume no liability whatsoever. Furthermore,
if any legal, accounting or any other type of professional advice is required to
assist in the process of raising capital, we recommend you obtain the services
of a licensed professional before you proceed with any aspect of raising
capital. We also strongly urge you to investigate the necessary regulatory
requirements with regards to raising capital and to consult with the SEC, FSA or
any other body which regulates the process of raising equity capital in private
or public businesses. In no way do we guarantee that money will be raised or
credit obtained. This is not an offer to buy or sell securities. All services,
contracts and agreements, either written or verbal, are null and void if Company
becomes insolvent, declares bankruptcy or ceases operation. Company and/or
Village Cultivators shall not be held liable by Client or any other entity for
unfulfilled services, obligations or products. No refunds will be issued.
Company and/or Village Cultivators shall in no way be responsible for the
actions pertaining to use of our services and/or products of current or
prospective clients. Any additional products and/or services purchased from
Company are non-refundable at moment of purchase. A purchase invoice will be
emailed to Client within three business days of purchase. Client deems Company
and/or Village Cultivators not liable for any unethical, fraudulent or illegal
use of Company’s products and services. Client acknowledges they are 18 years of
age or older.
If you have any questions or concerns, please do not hesitate to contact us at
info@villagecultivators.com and expect a prompt response to any issues you may
have.