Privacy Policy 

Protecting your private information is our priority. This Statement of Privacy applies to www.acultivatedmindset.com and A Cultivated Mindset and governs data collection and usage. For this Privacy Policy, unless otherwise noted, all references to A Cultivated Mindset include www.acultivatedmindset.com, ACM and Gymonkees LLC, Ciculate Foods LLC, and Alexander Art Foundation. The ACM website is an informational site to promote and inform services by A Cultivated Mindset Inc. site. Using the ACM website, you consent to the data practices described in this Statement.

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Collection of your Personal Information

To better provide you with products and services offered, ACM may collect personally identifiable information, such as your:

 

•  First and Last Name

•  Mailing Address

•  Email Address

•  Job Title

If you purchase ACM's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.

 

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering sweepstakes or contests sponsored by one of our partners or us; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

 

Use of your Personal Information

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ACM collects and uses your personal information to operate and deliver your requested services.

 

ACM may also use your personally identifiable information to inform you of other products or services available from ACM and its affiliates.

 

Sharing Information with Third Parties

ACM does not sell, rent or lease its customer lists to third parties.

 

ACM may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange deliveries. All such third parties are prohibited from using your personal information except to provide these services to ACM, and they are required to maintain the confidentiality of your information.

 

ACM may disclose your personal information without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with the legal process served on ACM or the Site; (b) protect and defend the rights or property of ACM; and/or (c) act under exigent circumstances to protect the personal safety of users of ACM, or the public.

 

Tracking User Behavior

ACM may keep track of the websites and pages our users visit within ACM, in order to determine what ACM services are the most popular. This data is used to deliver customized content and advertising within ACM to customers whose behavior indicates that they are interested in a particular subject area.

 

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Automatically Collected Information

Information about your computer hardware and software may be automatically collected by ACM. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding the use of the ACM website.

 

Use of Cookies

The ACM website may use "cookies" to help you personalize your online experience. A cookie is a text file placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

 

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize ACM pages, or register with ACM site or services, a cookie helps ACM to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same ACM website, the information you previously provided can be retrieved, so you can easily use the ACM features that you customized.

 

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the ACM services or websites you visit.

 

Links

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of any other site that collects personally identifiable information.

 

Security of your Personal Information

ACM secures your personal information from unauthorized access, use, or disclosure. ACM uses the following methods for this purpose:

 

     -    SSL Protocol

When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

 

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.

 

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

•    Delete your personal information from our records; and
•    Direct any service providers to delete your personal information from their records.

Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:

•    Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
•    Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
•    Debug to identify and repair errors that impair existing intended functionality;
•    Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
•    Comply with the California Electronic Communications Privacy Act;
•    Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
•    Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
•    Comply with an existing legal obligation; or
•    Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Children Under Thirteen

ACM does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

 

Email Communications

From time to time, ACM may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from ACM or click on a link therein.

 

If you would like to stop receiving marketing or promotional communications via email from ACM, you may opt out of such communications by clicking on the UNSUBSCRIBE button.

 

External Data Storage Sites

We may store your data on servers provided by third party hosting vendors with whom we have contracted.

 

Changes to this Statement

ACM reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our website, and/or by updating any privacy information. Your continued use of the website and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.

 

Contact Information

ACM welcomes your questions or comments regarding this Statement of Privacy. If you believe that ACM has not adhered to this Statement, please contact ACM at:

 

A Cultivated Mindset

2459 Wilkinson Bvld. STE 310

Charlotte, North Carolina 28208

 

Email Address:

support@acultivatedmindset.com

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Effective as of May 24, 2022

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​REFUND & CANCELLATION POLICY

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Web Design

Payments for custom design projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is canceled or postponed, all monies paid are retained by A Cultivated Mindset, and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.

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Web & Mobile Application Development

Payments for custom web & mobile development projects are made in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is canceled or postponed, all monies paid are retained by A Cultivated Mindset, and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.

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Search Engine Optimization, Internet Marketing, and Social Media Optimization

Payments for Search Engine Optimization, Internet Marketing, and Social Media Optimization services are non-refundable, and A Cultivated Mindset does not issue pro-rata refunds for fees paid in advance. Once a payment or deposit is made, it is non-refundable. All Setup fees are non-refundable as it is applied to costs immediately incurred by A Cultivated Mindset in initiating services. If a project is canceled or postponed, all monies paid are retained by A Cultivated Mindset, and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.

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Chargebacks

If we receive a chargeback or payment dispute (i.e., PayPal Dispute) from a credit card company or bank, your service and project will be suspended without notice. A $50 chargeback fee (issued to recover fees passed on to

the credit company), plus any outstanding balances accrued due to the chargeback(s), must be paid in full before service is restored and files delivered or any further work is done. Instead of issuing a chargeback, don't hesitate to contact us to address any billing issues. Requesting a chargeback or opening a PayPal dispute for a reasonable charge from us is a fraud and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our refund policy before making a payment.

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Website Hosting

Payments for past months of web hosting are non-refundable. According to the plan purchased, hosting accounts are set up at the time of order and are allotted a specific amount of server resources. If the client did not use the account, payment for services is still due. Hosting accounts are not canceled until notice is received from the client in

writing or until 15 days after the due date of payment not received. If the client paid for the hosting account 6 or 12 months ahead and canceled service before the plan expiration date, a refund may be given for the months not yet elapsed. If clients received complimentary products and services with their hosting plan purchase, the value of the free services would be deducted from the refund amount. A Cultivated Mindset reserves the right to disable and terminate a user's account if a user is found to violate the terms. Accounts closed due to policy violations will not be refunded.

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Late Payment Policy

If you pay your bills on time, we sincerely thank you, and there is no need for you to read further. We believe our agreement with you is simple — we will provide services; all we ask is that you pay us when you receive our invoice. We do not need reminders to provide services; we don't believe you should need several reminders to pay us. The more important the work you need and the quicker you need that performed, the more critical your payment to us and the quicker we would like to receive it.

Invoicing: We will send you an invoice at the beginning or conclusion of a project, or every week, depending upon the nature of that project. We will send the invoice to the email address specified by you. If the email bounces, we will attempt to contact you by other means. If the email does not bounce, we will assume you received it.

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Due date: Payments are due and payable upon your receipt of our invoice or agreed-upon terms, which will be stated on the invoice. We would like to have payment in our office within 15 days of the invoice due date. Work on the project will not commence in most cases unless payment or deposit has been received.

Late payments: If we have not received your payment in our office within the invoice due date, we will send you an email- reminder. If we have not received your cost within 30 days, we will require a fifty percent down payment on future work. Also, we will add a 10% late payment fee to your next monthly invoice. The minimum late payment fee is $20.00. The purpose is to defray the costs associated with collecting late payments.

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Credit card payments declined: If you have given us your credit card information, we can automatically charge your credit card for your periodic billing. If your credit card is declined for payment, we will send you an email notice. If your credit card is declined for more than one monthly payment, your account may be subject to a $20.00 late payment fee. (If your credit card has expired, we will not add any fees to your account. Instead, we will send you an email notice asking for updated credit card information.)

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Late payment (2nd occurrence in 12 months): We will require prepayment for all services ordered for six months.

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Non-payment: If you refuse to pay us or do not respond to our emails, we will make every effort to collect the debt. As a reminder, you have agreed that all costs we incur associated with collecting debts, including attorneys'’ fees and court costs, will be paid by you.