Terms of Use
Introduction
Welcome to the Internet site of CULTIVA.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS CULTIVA SITE. By using the CULTIVA site, you signify your agreement to these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, you may not use the CULTIVA site.
About the site
CULTIVA is a technical consulting and independent management firm. The site contains information about CULTIVA and its Affiliates. It also may contain a page on which you can apply for jobs at CULTIVA.
Intellectual property
All text and other materials found within this site are the property of CULTIVA, its Affiliates, or other parties who have licensed material to CULTIVA. All text and other materials found within this site are protected by copyrights and other proprietary intellectual property rights that are owned or controlled by CULTIVA or by other parties that have licensed their rights to CULTIVA. You may not modify or make any commercial use of any material on this site. You may make copies of the materials on this site for own use as long as you keep intact any copyright and other proprietary notices on the materials, and you may not modify the materials in any way.
Trademarks
“CULTIVA” is the trademark of CULTIVA. All other trademarks, service marks and logos used on this site, with or without attribution, are the trademarks, service marks or logos of their respective owners (including Affiliates). You may not use the materials on this site in any way that suggests that you are associated with CULTIVA or its licensors.
Linking to other sites and transactions on other sites
This site contains links to third-party websites, and those websites may offer products and/or services for sale. Other than the sites of CULTIVA’s Affiliates and our employment application site, which is managed for CULTIVA by a trusted third party, CULTIVA does not author, edit, or monitor these other sites. You acknowledge and agree that CULTIVA has no responsibility for the protection of personal information on other sites, for the accuracy or availability of information provided on other sites, that CULTIVA does not control or endorse the content, products, advertising, or other materials presented on these other sites, and that you release CULTIVA and its Affiliates from any claims arising out of or in any way connected with any dispute you may have with another site.
User conduct
You agree that you will comply with all of these Terms and Conditions of Use and that you will not use CULTIVA’s or its Affiliates’ names, URLs, trademarks, server, or other materials in connection with, or to transmit, any unsolicited communications or “spam.”
In addition, you may not transmit to CULTIVA in any way any communications, text, graphics or other information that: (a) is obscene, fraudulent, indecent, or that defames, abuses, harasses, or threatens others; (b) contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocates or encourages any illegal activity; (d) infringes on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violates the privacy of individuals, including, but not limited to, other users of this site; or (f) violates any applicable local, state, national or international law.
No warranties
THIS SITE AND ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE ARE FOR GENERAL INFORMATION ONLY AND ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
IN ADDITION, CULTIVA DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT CULTIVA) ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THESE MATERIALS.
Under no circumstances will CULTIVA be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via this site.
Limitation of liability
UNDER NO CIRCUMSTANCES SHALL CULTIVA, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SPONSORS, AND OTHER PARTNERS OF EACH BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES AVAILABLE ON THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, CULTIVA’S ENTIRE LIABILITY UNDER THESE TERMS AND CONDITIONS OF USE SHALL BE LIMITED TO THE AMOUNT PAID FOR USE OF THE SITE, IF ANY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Indemnity
If you violate any of these Terms and Conditions of Use or if you misuse this website, you agree to defend, indemnify and hold harmless CULTIVA, its officers, directors, employees, agents and licensees from any and all liability including costs, expenses and attorneys’ fees that arise out of or are related to your violation or misuse.
Termination of the use of site
CULTIVA may, in its sole discretion and in addition to any other remedies available to CULTIVA, with or without cause, withdraw, suspend or discontinue at any time any materials or services available on this site, your username and password, and any functionality or features in or on this site, with or without notice.
Limited distribution and territorial considerations
This site is controlled and operated by CULTIVA from its offices within the State of Virginia, U.S.A. CULTIVA makes no representation that materials on this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to this site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of Virginia by CULTIVA and its Affiliates.
Governing law and jurisdiction
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Virginia, as it is applied to agreements entered into and to be performed entirely within Virginia and without giving effect to any principles of conflicts of laws. You agree that any lawsuit or other action brought by CULTIVA and its Affiliates, you or any third party to enforce the Terms and Conditions of Use, or in connection with any matters related to this site, shall be subject only to the jurisdiction of either the state or federal courts located in Virginia.
Modifications
CULTIVA reserves the right to change or modify the Terms and Conditions of Use at any time. Any questions regarding the Terms and Conditions of Use should be sent to [email protected]. The Terms and Conditions of Use shall not be modified except in writing, as posted on this site by CULTIVA. Any change or modification made by CULTIVA will be effective immediately upon posting on this site and your continued use of this site means that you have agreed to accept any changes or modifications made by CULTIVA.
Nondiscrimination
CULTIVA ensures nondiscrimination and equal employment in all programs and activities in accordance with all federal laws, including Title VI of the Civil Rights Act of 1964.