Terms of Service

1 Acceptance of Terms

By accessing or using the Culturense LLC website (culturense.net), submitting an application, or engaging with our services in any capacity, you ("User," "Applicant," or "Contractor") agree to be legally bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding agreement between you and Culturense LLC. If you are accessing our services on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

2 Independent Contractor Relationship

All individuals who provide services through Culturense LLC do so as independent contractors, not as employees. This distinction is fundamental to our business model and has important legal and tax implications:

• You are solely responsible for paying all federal, state, and local taxes on income earned through Culturense LLC, including self-employment taxes. Culturense LLC will not withhold taxes from your payments.
• You will receive IRS Form 1099-NEC for all payments made to you during each tax year, provided your earnings meet the applicable reporting threshold.
• You are not entitled to employee benefits including health insurance, retirement plans, paid time off, workers' compensation, or unemployment insurance through Culturense LLC.
• You retain the right to work for other clients and companies, provided such work does not violate any applicable non-compete or confidentiality obligations.
• You are responsible for providing and maintaining your own equipment, internet connection, and workspace as required for service delivery.
• Culturense LLC does not control the manner or means by which you perform your services, only the results and quality standards required.

3 Eligibility Requirements

To be eligible to apply and work as an independent contractor agent with Culturense LLC, you must meet all of the following requirements at all times:

• Be at least 18 years of age.
• Be legally authorized to work in the United States.
• Possess a valid Social Security Number or Employer Identification Number for tax reporting purposes.
• Pass a comprehensive background check, including criminal history screening.
• Have no felony convictions or disqualifying misdemeanor charges as determined by our screening criteria.
• Meet all technical equipment and internet connectivity requirements specified in our onboarding documentation.
• Successfully complete all required training and certification programs.
• Maintain a private, distraction-free home workspace as required for client service delivery.

Culturense LLC reserves the right to modify eligibility requirements at any time and to deny or revoke contractor status for failure to meet or maintain these requirements.

4 Application Process

By submitting an application through our website, you represent and warrant that:

• All information provided in your application is true, accurate, complete, and current.
• You authorize Culturense LLC and its designated third-party providers to conduct a background check, identity verification, and any other screening deemed necessary.
• You understand that submission of an application does not guarantee acceptance or any offer of a contractor engagement.
• You consent to being contacted by Culturense LLC via email, phone, or text message regarding your application and any subsequent contractor relationship.

Providing false, misleading, or incomplete information on your application is grounds for immediate disqualification or termination of your contractor engagement, and may result in legal action.

5 Use of Website

You agree to use the Culturense LLC website only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the website in any way that violates applicable federal, state, local, or international laws or regulations.
• Transmit any unsolicited or unauthorized advertising, promotional material, spam, or any other form of solicitation.
• Attempt to gain unauthorized access to any portion of the website, server, or any system connected to the website.
• Use any automated tools, bots, scrapers, or data mining techniques to extract data from the website without our express written consent.
• Introduce viruses, trojans, worms, or other malicious or technologically harmful material.
• Impersonate or attempt to impersonate Culturense LLC, a Culturense employee, another contractor, or any other person or entity.
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website.

6 Intellectual Property

The Culturense LLC website and all of its content, features, and functionality — including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software — are the exclusive property of Culturense LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the website for personal, non-commercial purposes in connection with your application or contractor engagement. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from our website without our prior written consent.

The Culturense LLC name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Culturense LLC. You may not use such marks without our prior written permission.

7 Confidentiality

As an independent contractor agent, you will have access to confidential and proprietary information belonging to Culturense LLC and its client companies. You agree to:

• Keep all confidential information strictly confidential and not disclose it to any third party without prior written consent.
• Use confidential information only for the purpose of performing your contracted services.
• Comply with all applicable data privacy laws and regulations, including but not limited to PCI DSS standards for handling payment card information.
• Immediately notify Culturense LLC of any actual or suspected unauthorized disclosure of confidential information.
• Return or destroy all confidential materials upon termination of your contractor engagement.

Confidentiality obligations survive the termination of your contractor engagement and remain in effect indefinitely with respect to trade secrets, and for a period of two (2) years with respect to other confidential information.

8 Payment Terms

Compensation for independent contractor services is governed by the specific Service Order or Statement of Work agreed upon between you and Culturense LLC. General payment terms include:

• Payments are issued bi-monthly (twice per month) via direct deposit to your designated business bank account.
• Payment amounts are calculated based on hours of service delivered, applicable client program rates, and any performance adjustments.
• You are responsible for maintaining accurate and up-to-date banking information. Culturense LLC is not liable for payment delays caused by incorrect banking details.
• Culturense LLC reserves the right to withhold or adjust payments in cases of disputed service hours, quality violations, or breach of contractor obligations.
• All payments are subject to applicable tax reporting requirements. You are solely responsible for all tax obligations arising from payments received.

9 Termination

Either party may terminate the contractor engagement at any time, with or without cause, upon written notice. Culturense LLC reserves the right to immediately terminate your contractor engagement and/or access to our systems for:

• Breach of these Terms of Service or any contractor agreement.
• Violation of client program policies or service quality standards.
• Fraudulent, dishonest, or unethical conduct.
• Failure to maintain eligibility requirements.
• Unauthorized disclosure of confidential information.
• Any conduct that damages the reputation or interests of Culturense LLC or its clients.

Upon termination, your access to the agent portal and all Culturense LLC systems will be immediately revoked. All confidentiality and intellectual property obligations survive termination.

10 Disclaimers and Limitation of Liability

THE CULTURENSE LLC WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

In no event shall Culturense LLC's total liability to you for all claims arising out of or relating to these Terms or your use of our services exceed the total amount paid to you by Culturense LLC in the three (3) months preceding the claim.

11 Indemnification

You agree to defend, indemnify, and hold harmless Culturense LLC, its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service.
• Your use of the website or services in a manner not authorized by these Terms.
• Any false or misleading information you provide to Culturense LLC.
• Your violation of any third-party rights, including intellectual property or privacy rights.
• Your failure to comply with applicable laws or regulations.

12 Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Culturense LLC is registered, without regard to its conflict of law provisions.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services shall first be subject to good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association.

You waive any right to participate in a class action lawsuit or class-wide arbitration against Culturense LLC.

13 Changes to Terms

Culturense LLC reserves the right to modify these Terms of Service at any time. We will notify you of material changes by posting the updated Terms on our website with a revised effective date. Your continued use of our website or services after any changes constitutes your acceptance of the updated Terms.

We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree to the revised Terms, you must discontinue use of our services.

14 Contact Information

If you have questions or concerns about these Terms of Service, please contact us: