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© CultureX Inc, 2019. Terms & Privacy

Terms

Welcome to Culturex.tech (the “Site”), operated by CultureX (collectively, “CultureX”, “we”, “us”, “our”). By accessing, viewing, downloading, or otherwise using the Site or any webpage or service available via the Site, you, the user of the Site, acknowledge and agree to be bound by the following Terms of Use (the “Terms of Use”). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, DO NOT CONCLUDE THIS AGREEMENT, AND DO NOT USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SITE, VIEW, DOWNLOAD, OR OTHERWISE USE ANY CultureX WEBPAGE, INFORMATION OR SERVICES THEREIN. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

 

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

 

Portions of our site allow you to use online forms. Please remember that many of these forms are sent via email or other methods and may not be secure against interception across the internet.

 

COMMUNICATIONS WHICH YOU TRANSMIT VIA THE SITE ARE NOT CONFIDENTIAL. YOU ARE RESPONSIBLE FOR YOUR OWN COMMUNICATIONS AND THE CONSEQUENCES OF SUCH POSTINGS, SUBMISSIONS, OR TRANSMITTALS. DO NOT USE THE SITE TO TRANSMIT ANY INFORMATION THAT YOU WISH TO KEEP PRIVATE.

 

1. Intellectual Property Notices

 

Site Content

 

All content on the Site, including the logo, articles, materials, documents, other text and graphics (collectively, the “Site Contents”) is the intellectual property of CultureX. The Site Contents available on the Site is protected by trademark, trade dress, copyright, and patent laws of the U.S. The Site Contents may not be copied, imitated, used, or disseminated in whole or in part, without the prior written permission of CultureX. You may view, print, copy, and download portions of the Site Contents solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. CultureX reserves the right to revoke this authorization at any time.

You may not reverse engineer, decompile, modify, reproduce, distribute, publish, or disassemble any portion of the Site except and only to the extent that such activity is expressly permitted by CultureX.

 

2. Service Eligibility

 

You represent and warrant that you: (a) are not under the age of 18; (b) have not previously been suspended or removed from CultureX; (c) are not a direct competitor of CultureX; (d) have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party; and (e) that you understand that the use of the Site is at your own risk. The Site Contents on CultureX may not be appropriate or functional for use outside the United States of America. users located outside the United States use the Site understanding this limitation.

 

3. General Terms of Use

 

You must provide correct and complete personal and business information as requested by us on the Site. As part of your use of the Site, you may be required to submit certain content (including any name, contact information, business information, and other personal information). By submitting any information to us, you represent and warrant that such submission is accurate, complete, current, and is not in violation of any contractual restrictions or other third party rights.

 

CultureX exercises no control over any content you or others submit while using the Site. While we reserve the right to, we are not obligated or responsible for monitoring, editing, screening, or removing any content you or others submit while using the Site. CultureX has no obligation to verify the identity of any users when they are connected to CultureX or to supervise the content which has been provided by users. We may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise misappropriating your information, you must immediately inform CultureX by contacting us at info@culturex.tech.

We value hearing from you, and are always interested in learning about ways we can improve the Site. If you choose to submit comments, ideas or feedback, you agree that we may use them without restriction and without any compensation, attribution or accounting to you.

Prohibited Conduct

 

You expressly agree to refrain from doing, either personally or through an agent, any of the following:

 

  • Use any device, a robot, spider, script, automated process, or manual process or other means to harvest information about other users, or any content from the Site.

  • Transmit, install, upload or otherwise transfer any virus, malware, or other item or process to the Site that in any way affect the use, enjoyment or service of the Site.

  • Transmit, install, upload or otherwise transfer any virus, malware, or other item to the Site that in any way affect the use, enjoyment or service of any user’s or CultureX employee’s computer or other medium used to access the Site.

  • Transmit, install, upload or otherwise transfer any material to the Site that is fraudulent, inaccurate, offensive, violent, lewd, salacious, explicit, discriminatory, illegal, infringing, hateful, pornographic or sexually suggestive. CultureX reserves the sole discretion to determine the nature of the material.

  • Transmit, install, upload or otherwise transfer to the Site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).

  • Modify the information, including headers, found on the Site.

  • Transmit, install, upload or otherwise transfer to the Site any unauthorized advertisement or communication, including but not limited to spam, and phishing emails.

  • Engage in any action that imposes an unreasonable or disproportionately large load on the Site, or that CultureX determines is detrimental to the use and enjoyment of the Site.

  • Use the Site for any unlawful or defamatory means.

  • Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.

 

4. INDEMNITY

 

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CULTUREX AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, LICENSORS, DIRECTORS, SUPPLIERS, OTHER PARTNERS, EMPLOYEES AND REPRESENTATIVES FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY TO OR ARISING OUT OF YOUR USE OF THE SITE, OR YOUR USE OF OR CONNECTION TO CULTUREX (INCLUDING ANY USE BY YOU ON BEHALF OF A THIRD PARTY). WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

WE RESERVE THE RIGHT TO DENY SERVICE TO ANYONE, AT ANY TIME, AND FOR ANY REASON, AS ALLOWED BY LAW, OR FOR ANY OTHER REASON.

 

5. DISCLAIMER OF WARRANTIES

 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

 

YOUR USE OF THE SITE AND THE SITE’S CONTENTS IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION AND SERVICES PROVIDED BY CULTUREX ARE ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. CULTUREX DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CULTUREX MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE, ANY CONTENT ON THE SITE, OR SERVICES.

CULTUREX MAKES NO WARRANTY OR REPRESENTATION THAT: (a) CULTUREX WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CULTUREX WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, SITE CONTENTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN CULTUREX WILL BE CORRECTED. IN PARTICULAR, CULTUREX’S OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. CULTUREX DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, CULTUREX DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTION, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE CULTUREX SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

 

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SITE CONTENTS FROM CULTUREX, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

CULTUREX IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF COMMENTS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH CULTUREX TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE CULTUREX SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON CULTUREX MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.

 

CULTUREX DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS CULTUREX SERVICES BY OTHER USERS; THEREFORE, CULTUREX DECLINES ALL LIABILITY FOR INACCURATE INFORMATION; FRAUD; NEGLIGENCE; WILLFUL MISCONDUCT; OR ANY OTHER INAPPROPRIATE USE OF CULTUREX.

 

CULTUREX DOES NOT GUARANTEE AND IS NOT OBLIGATED TO GUARANTEE THE AVAILABILITY, ACCESSIBILITY, OR USABILITY OF OUR SITE. CULTUREX, IN OUR SOLE DISCRETION, MAY INTERRUPT THE AVAILABILITY, ACCESSIBILITY, OR USABILITY OF OUR SERVICES, WITHOUT NOTICE, AT ANY TIME, WITHOUT ANY LIABILITY.

 

6. LIMITATION OF LIABILITY

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

TO THE FULL EXTENT PERMITTED BY LAW, CULTUREX IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH CULTUREX, EVEN IF CULTUREX HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE CULTUREX; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM CULTUREX; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON CULTUREX, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CULTUREX CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, RELY UPON, MODIFY OR DISTRIBUTE.

 

7. Termination of Service

 

We reserve the right, at our sole discretion, to terminate any and all service provided to you at any time without notice for any reason. We also reserve the right, at our sole discretion, to discontinue any service or modify any service without notice, at any time, and without liability. We shall not be liable to you or any third party if we terminate your access and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your access. You agree that any material breach of these Terms of Use will result in irreparable harm to CultureX for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, CultureX will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if CultureX seeks such an injunction.

 

8. Advertisements and Promotions

 

CultureX may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than CultureX found on or through the Site, including delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. CultureX is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-CultureX advertisers on the Site.

 

9. Third Party Content

 

You may find links to other Internet sites or resources on the Site. You acknowledge and agree that CultureX is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any contents, advertising, products, or other materials on or available from such third party sites or resources (the “Third Party Content”). CultureX will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Third Party Content available on or through any such third party site or resource, even if one or more pages of the third party site is/are framed within our Site.

 

10. Use of Third Party Applications

 

From time to time, CultureX uses third party applications, hardware, software, and services in providing functionality to you. For the purposes of providing functionality to you—including but not limited to email delivery, and user use data— CultureX will pass data—including, but not limited to, contact data, email addresses, and other stored information—to third parties. CultureX is not required to disclose third parties involved in any of the above described transactions or features.

 

11. Controlling Law

 

Indiana law and controlling U.S. federal law govern any action related to the Terms of Use and/or your use of the Site. Choice of law rules of any jurisdiction will not apply to any dispute under the Terms of Use. You and CultureX agree to submit to the personal and exclusive jurisdiction of the courts located within Marion County, Indiana, U.S.A. and Hamilton County, Indiana, U.S.A.

 

12. Entire Agreement

 

These Terms of Use contains the full understanding between the parties and supersedes all prior representations or agreements, whether oral or written, with respect to such matters. If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect.