User Agreement

This page contains the User Agreement (“Agreement”) between You and Catalyit, LLC, a Delaware Limited Liability Company (“Catalyit”), the publisher and owner of this Web site (the “Site”). The term “Site” as it is used in this Agreement includes any associated online and mobile websites (including those related to our Platform, User Guides & Reviews, Agency community discussions, and Education and Resources for agency technology users) that provide an authorized link to this Agreement. You may wish to print this page for reference.

 

 

In this Agreement, “You” and “Your” refer to each user of the Site.

 

 

This Agreement sets forth the terms and conditions for Your use of the Site.  By using the Site and/or any services on the Site, You are agreeing to these terms and conditions.  Please read them carefully.

 

 

Please review our Privacy Policy and Terms and Conditions which are a part of this Agreement and describe how CATALYIT treats Your personal information.

 

 

1)      Your Rights.

 

 

CATALYIT grants You a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials provided thereon, and to download or print content displayed on our Site provided that You comply fully with this Agreement. The contents of the Site are only for Your personal, non-commercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site or CATALYIT services or any part of them in any way.

 

 

2)      Subscription Services, Term, Automatic Renewal, Service Charges and Payment.

 

CATALYIT may charge You fees for certain products or services offered for sale through our Site. Certain Site products and services are available only through the purchase of a paid subscription (“Subscription”) or other type of paid access.  The terms for CATALYIT’s Subscription is described in this Section 2.

(a)   Subscription Term.  Each Subscription shall be in effect for twelve (12) months from the date of purchase (the “Initial Term”).  The Subscription shall automatically renew for a subsequent twelve (12) month term beginning on the day immediately following the end of the Initial Term unless You cancel Your Subscription either through Your “Account Settings” page, or by emailing help@catalyit.com.

(b)   Payment.  Subscriptions may be paid in one annual payment, or divided into twelve (12) equal monthly installments. You agree to pay, using a valid credit or debit card or other payment method which CATALYIT accepts, all fees and charges, including applicable taxes, You have incurred through Your account, including the monthly or annual charges to access the Subscription.

(c)   Automatic Renewal.  In order to provide You with uninterrupted service, Your Subscription will automatically renew for successive Subscription years unless cancelled prior to the annual renewal date.  You will be sent a reminder notice before the expiration of Your term that alerts You to the upcoming renewal charge.

(d)   Cancelling Services. The Subscription is a twelve (12) month Subscription. You may cancel at any time during that Subscription year, however if cancelled before the end of the year you will remain responsible for any remaining payments.  Partial months will not be refunded.

(e)   Payment Amount. CATALYIT reserves the right to increase fees and surcharges, including fees for Subscription, or to institute new fees at any time, upon reasonable notice posted in advance on this Site or sent to You based on contact information You provide in Your Account Settings. Notwithstanding the foregoing, if You purchase a Subscription on an annual basis, Your rate remains in effect throughout the subscription year, regardless of whether you pay annually or monthly, and is subject to increase only for subsequent subscription years.

(f)    Updating Payment Information. You must update Your credit or debit card or other payment information promptly to keep Your account current, complete and accurate (e.g., for changes in Your credit card number, billing address or expiration date). Changes to such information can be made by contacting Catalyit Support at help@catalyit.com. If Your credit or debit card or other payment method information is not current, complete and accurate and You do not notify us promptly when such information changes, Your account may be suspended or terminated.

(g)   Updating Registration Information. For purposes of identification and billing, You agree to provide CATALYIT with accurate, complete, and updated information when registering for a Subscription (“Registration Information”). Registration Information may include Your name, address, telephone number(s), email address and applicable credit or debit card or other payment method data (e.g., payment card number and expiration date).

(h)   Unauthorized Use. You agree to promptly update Your Registration Information in Your “Account Settings” page if You know of or suspect unauthorized use of Your Subscription, or in the event of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Your credit or debit card or other payment method information. In the event of a breach of security on Your part, You will remain liable for any unauthorized use of Your Subscription until You update Your Registration Information. If Your credit or debit card expires, is canceled, is lost or is subject to use without Your authorization, or if Your Subscription is subject to use without Your authorization, go to Your “Account Settings” page to update Your Registration Information.

(i)     Other Charges. In addition to the charges set forth above, You are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access our Site, including any messaging, data and other rates and fees applied by Your mobile communications carrier for Your use of the Site.

(j)     Other Platforms. For products and services managed by a Third Party Platform, You are subject to the Third Party Platform’s terms and conditions.

 

 

3)      Subscription.

 

 

By purchasing a Subscription, by requesting User Guides & Reviews, Education and Resources or other products or services, by providing Your email address to receive information, by creating a new user account, or by logging into an existing user account, You are considered a CATALYIT user entitled to Subscription benefits based on Your Subscription type.  Please go to www.catalyit.com for details regarding the different Subscription types, which are subject to change.  Your Subscription type determines the benefits You will receive.  For a list of the benefits associated with each Subscription type, please go to www.catalyit.com.  Please note that the benefits are only those that are listed on the Site at any given time and are subject to change with or without notice.

 

 

4)      Sales Tax

 

 

CATALYIT may collect applicable sales and/or use tax on sales of the Subscription and remit those taxes to the appropriate state or local jurisdiction.

 

 

5)      Relationship of the Parties.

 

 

In providing the Services, CATALYIT (and its representatives) will be acting as an independent contractor and not as an agent, partner, employee or representative of You. Nothing in this Agreement or the Terms and Conditions shall be implied to signify a partnership, joint venture, employment relationship, or fiduciary relationship between the parties.

 

 

6)      Copyright and Trademarks.

 

 

All materials available on the Site, including without limitation User Guides & Reviews, Education and Resources, text, data, images, software and downloadable software applications, audio and video clips, databases, and ratings, (collectively, the “Content”) are owned or controlled by CATALYIT or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.

You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Content available via the Site, including without limitation our product reviews and ratings and those product reviews and ratings posted by other users, for any public and/or commercial use without the prior written permission of CATALYIT. You may not download, republish, transmit, reproduce or otherwise use any Site photographs or videos as a stand-alone file.

You agree not to use any trademarks, service marks, names, logos, or other identifiers of CATALYIT or its employees, licensors, independent contractors, providers and affiliates (collectively, “Affiliates”) without the prior written permission of CATALYIT or the relevant Affiliate. In addition, You may not use our trademarks:

(a)   in, as, or as part of, Your own trademarks or those of any third parties;

(b)   to identify products or services that are not those of CATALYIT;

(c)   in a manner likely to cause confusion; or

(d)   in a manner that implies that CATALYIT sponsors or endorses or is otherwise connected with Your own activities, products, and services or those of third parties.

CATALYIT® and other related marks used on this Site have been filed for registration with the United States Patent and Trademark Office.

 

 

7)      Confidentiality of Client Information.

 

In connection with the provision of Services, CATALYIT may require access to Your books, records, and other information regarding You, which shall be provided by You or Your designated third-party representatives (“Client Information”).  Except as consented to in writing by You or as required by applicable law or court order, CATALYIT will make commercially reasonable efforts to maintain the confidentiality of all Client Information and will use the Client Information for the sole purpose of providing Services; provided, however, that no confidentiality obligations will apply to Your information that is publicly available or was rightfully obtained from a third party. Any work product created by CATALYT while providing Services and paid for by You will be Your property.  CATALYIT agrees to control the use and disclosure of Client Information with diligence and care, and to treat the Confidential Information with the same level of protection as it affords its own confidential information of a similar nature.  CATALYIT may share Client Information with its agents and representatives who reasonably need to know such information for purposes of performing CATALYIT’s obligations under this Agreement.

 

 

8)      Site Tools and Communications.

 

 

CATALYIT may make available to users of the Site e-mail notices, newsletters, chat rooms, community forums, online chat interactive features, message boards, bulletin board services, user product reviews and ratings features and tools, and other facilities or means by which users can interact with, submit content to, and otherwise communicate with the Site (the foregoing collectively referred to herein as the “Site Tools”).  The Site Tools include certain features and tools that allow users of the Site to submit reviews and ratings of products (collectively, “Reviews”) and/or read reviews and ratings of products submitted by other Site users (“Review Tools”).  You are solely responsible for the content of any transmissions You make using any Site Tool or otherwise to the Site, including without limitation any Review, rating, test result, story, anecdote, background, experience, question, suggestion, recommendation or other communication submitted using any Site Tool (the foregoing, collectively, “Communications”). CATALYIT is not responsible for any statements, representations, descriptions, comments, or opinions in Communications transmitted using any Site Tool or otherwise posted on the Site, including without limitation any errors or omissions in any Review, or any loss or damage of any kind incurred as a result of the use of the Review Tool or the use of any content posted in a Review. CATALYIT cannot review all Communications made on or through the Site. CATALYIT and its Affiliates do not endorse or accept any Communications as their own or representative of their views.

 

 

9)      Communicating on or through the Site.

 

 

(a)   BY TRANSMITTING ANY COMMUNICATION TO THE SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR ANY SUBSEQUENT MODIFICATION THEREOF, DO NOT SUBMIT ANY COMMUNICATION USING ANY SITE TOOL OR OTHERWISE TO THE SITE (INCLUDING WITHOUT LIMITATION ANY REVIEW) AND/OR USE ANY REVIEW TOOL.

(b)   By transmitting any Communication to the Site, You grant CATALYIT an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, together with any personal information transmitted with Your Communications (such as name, user name and photograph), in all formats and in all media now known or later developed.

(c)   You acknowledge and agree that any Communications made to or by means of any Site Tool are public and You have no expectation of privacy in any such Communication.  No confidential, fiduciary, contractually implied or other relationship is created between You and CATALYIT by reason of Your transmitting a Communication to any Site Tool.

(d)   CATALYIT reserves the right, but has no obligation, to monitor the Site Tools and edit, modify or delete any Communications (or portions thereof) which CATALYIT in its sole discretion deems inappropriate, offensive or contrary to any CATALYIT policy, or that violate this Agreement.

(e)   You agree not to upload or distribute to, or otherwise publish through the Site or the Site Tools, any Communication which

(i)     is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;

(ii)  is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;

(iii)                        constitutes or contains false or misleading indications of origin or statements of fact;

(iv) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;

(v)   causes injury of any kind to any person or entity;

(vi)  infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;

(vii)                      violates any applicable laws, rules, or regulations;

(viii)                    contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

(ix) impersonates another person or entity, or that collects or uses any information about Site visitors.

(f)    With respect to Your conduct while publicly posting a Review or using any Review Tool, You agree not to:

(i)      attempt to disguise the origin of any content transmitted;

(ii)  act in any manner that could negatively affect other users’ ability to use the Site;

(iii)                        impersonate any person or entity, including, without limitation, a moderator or a manufacturer or owner of any product, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or

(iv) upload, post or otherwise transmit any content that:

(1)   is not relevant to the product, service, person or entity being reviewed or rated;

(2)   You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, copyrighted material, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or

(3)   is unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

(g)   In addition to the grant of rights described above, by transmitting Reviews to the Site, You hereby grant CATALYIT the right to use on the Site the user name, identifier, or any portion thereof, and any photograph submitted or otherwise transmitted in connection with such Reviews, if CATALYIT so chooses.

(h)   You further represent and warrant that (i) the Reviews You submit are either original to You, or all third party rights have been fully cleared for use as contemplated by this Agreement; (ii) such Reviews do and will not, in any way, violate or breach any of the terms of this Agreement, and (iii) CATALYIT shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Reviews.

(i)     CATALYIT may take any or no action with respect to Reviews submitted to the Site including, without limitation, deleting, editing, modifying, rejecting, or refusing to post such Reviews with no notice and at CATALYIT’s sole discretion. CATALYIT may use Your user name, geographical location or other identifier to attribute authorship of Communications to You. CATALYIT reserves the right to report information from Reviews to appropriate government agencies in connection with any consumer safety and related concerns.

(j)     You hereby waive all rights generally known as “moral rights” in Your Communications (including Your stories, test results, ratings, and Reviews), to the extent they can be waived, under any existing or future law of any jurisdiction.  If it is determined that You retain “moral rights” (including rights of attribution or integrity) in Communications, You agree and warrant that (i) You do not require that any personally identifying information be used in connection with the Communications; (ii) You have no objection to the publication, use, modification, deletion and exploitation of the Communications on the Site in all forms and media and all manners, including composite, digitally changed, enhanced, or distorted representations, for any lawful purpose, including but not limited to, marketing, social media, promotional materials, and any other physical or digital form; and (iii) You forever release CATALYIT, its licensees and its successors and assigns, from any claims that You could otherwise assert against them by virtue of any such uses, including any claims for moral rights.

(k)   CATALYIT reserves the right to (i) screen Communications for errors, profanity, indecency, mistakes, relevancy, and potential violation of third-party personal or proprietary rights (such as infringement of intellectual property rights, defamation, etc.); (ii) edit, modify, remove or disable access to any content that violates these provisions or that CATALYIT deems objectionable; and (iii) investigate any misuse of any Review Tool, or its systems, equipment or network. Without limitation of the foregoing, CATALYIT reserves the right to report any activity or persons (including the disclosure of appropriate user information) to appropriate law enforcement officials, regulators, or other appropriate third parties that CATALYIT suspects has violated any law or regulation. CATALYIT also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.

 

 

10)  Unsolicited E-Mail.

 

 

You agree not to use the Site Tools or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by CATALYIT in connection with the Site. Any violation of this Section shall be determined by CATALYIT in its sole discretion.

 

 

11)  Your password.

 

 

As part of the registration process for access to CATALYIT products and services, You will select a password. This password is for Your individual use only. You are solely responsible for maintaining the confidentiality of any password You use to access free or Subscription and other products and features, and agree that CATALYIT will have no obligations with regard thereto.

 

 

12)  Information Provided.

 

 

You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site, including the Communications, is at Your sole risk. CATALYIT reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone acting in violation of this User Agreement at any time. You acknowledge and agree that CATALYIT is not responsible for any materials posted by users of the Site. Prior to purchasing any third-party products or services described on the Site, You are advised to verify pricing and other information. Neither CATALYIT nor its Affiliates shall have any liability arising from Your purchases of third-party goods or services based upon the information provided on the Site.

 

 

13)  Return or Deletion of Client Information. 

 

 

Upon termination of the Services or Subscription for any reason, Your Information or Your customer information, if any, then in CATALYIT’s possession or control will be aggregated and anonymized so that it is not tied to any specific Client or Client Customer. You acknowledge and understand that CATALYIT’s policy is to aggregate all Client files and records. You are advised to save all of Your own work, data and records on Your own system in order to keep such documentation intact.  CATALYIT shall have no obligation to maintain records for You.  Notwithstanding anything else herein to the contrary, CATALYIT, at its sole discretion, may retain copies of its work product and supporting information for its records. Under no circumstances will CATALYIT be considered a “custodian of records” under the Rules and Regulations of the US Securities & Exchange Commission. Further, if You utilize a storage system for storing Your records and data, CATALYIT shall not be the creator or controller of such system.  You may allow CATALYIT access to such storage system for purposes of providing the Services, but access and authorization to access such storage system shall be exclusive to You upon completion of the Services or termination of Your Subscription.

 

 

14)  Certain Communications.

 

 

Please note that when You purchase a Subscription or otherwise provide us with any information, You expressly consent to our communicating with You about our products and services using the information You provided to us and acknowledge that we have the authority to contact You via the information You provide. This means we may contact You, in person or by recorded message, e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that Your telephone or other telecommunications device may be capable of receiving.

 

 

15)  No-Commercial Use Policy.

 

 

You agree to use the Site, the Site Tools and products and services You purchase through our Site, including the Subscription, only in a noncommercial manner and in compliance with CATALYIT’s Terms and Conditions. You specifically agree not to post, transmit or otherwise distribute to the Site (including without limitation using any Site Tools) any material containing any solicitation of funds, advertising or solicitation for goods or services.

 

 

16)  Links to Other Sites.

 

 

The Site may contain links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by CATALYIT or its Affiliates of any third-party site or any materials contained therein. CATALYIT and its Affiliates do not control, and are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.

 

 

17)  Age Restrictions.

 

 

You represent and warrant to CATALYIT that You are at least eighteen (18) years old and that You possess the legal right and ability to enter into this Agreement and to use the Site and/or services in accordance with this Agreement.

 

 

18)  Financial Responsibility.

 

 

You agree not to assign, transfer or sublicense Your rights as a subscriber to the Subscription. You agree to be financially responsible for all usage or activity on Your Subscription.

 

 

19)  Force Majeure. 

 

 

If the performance of the Services or any other obligation under the Services Agreement or these Terms of Service is prevented, restricted, or interfered with by causes beyond a party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrences, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, and/or work stoppages.  The excused party shall use reasonable efforts under the circumstances to avoid or remove such cause of nonperformance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased.

 

 

20)  Indemnification.

 

 

You hereby agree to indemnify, defend and hold harmless CATALYIT and its Affiliates from and against any and all liability and costs incurred by CATALYIT or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of Your representations, warranties or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. CATALYIT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without the written consent of CATALYIT.

 

 

21)  DISCLAIMER OF WARRANTY.

 

 

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE MOBILE SERVICES AND THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, THE SUBSCRIPTION OR OTHER SUBSCRIPTION OR SUBSCRIPTION-BASED SERVICES OR OTHER PAID OR UNPAID PRODUCTS OR SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CATALYIT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE, THE SUBSCRIPTION OR OTHER SUBSCRIPTION OR SUBSCRIPTION-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, THE SUBSCRIPTION OR OTHER SUBSCRIPTION OR SUBSCRIPTION-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING THE SITE TOOLS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CATALYIT AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.

 

 

22)  LIMITATION OF LIABILITY.

 

 

USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.

 

UNDER NO CIRCUMSTANCES SHALL CATALYIT OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, SITE SOFTWARE OR SITE CONTENT FOR CATALYIT OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, THE SUBSCRIPTION OR OTHER SUBSCRIPTION OR SUBSCRIPTION-BASED SERVICES, EVEN IF CATALYIT, ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES, CONTENT OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.

 

THE TOTAL LIABILITY OF CATALYIT AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SUBSCRIPTION OR OTHER SUBSCRIPTION OR SUBSCRIPTION-BASED. YOU HEREBY RELEASE CATALYIT AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

 

 

23)  Termination.

 

 

In addition to any other rights of the parties set forth herein, CATALYIT may cancel or terminate this Agreement at any time. CATALYIT also reserves the right to restrict, suspend or terminate Your access to the Site, the Subscription or other subscription or Subscription-based services and/or the Mobile Services in whole or in part, without notice, with respect to any breach or threatened breach by You of any portion of this Agreement. If CATALYIT terminates this Agreement (and therefore Your access to the Site) based on a breach of any portion of this Agreement, CATALYIT reserves the right to refuse to provide access to the Site, the Subscription or other subscription or Subscription-based services or the Mobile Services to You in the future.

 

 

24)   Modifications to the Agreement.

 

 

CATALYIT has the right to modify this Agreement and any policies affecting the Site, including without limitation the No-Commercial Use Policy. Any modification is effective immediately upon posting to the Site or distribution to You via electronic mail, conventional mail or text messaging (in the case of Mobile Services users). Your continued use of the Site shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of CATALYIT in providing the Site or the Mobile Services, including without limitation:

        (i) any change in the Content, or

      (ii) any change in the amount or type of fees associated with the Subscription or print subscription products purchased through our Site, is to cancel Your subscription in accordance with instructions provided in Section 2 above.

 

 

25)  No Public Disparagement.

 

 

You will at no time, including the period after Termination of Services, publicly disparage CATALYIT or its employees, agents, officers or representatives or Your respective associations with CATALYIT, its services, or others connected or affiliated with CATALYIT.

 

 

26)  General.

 

 

This Agreement constitutes the entire agreement between You and CATALYIT with respect to the Site and, if applicable, Your purchase of CATALYIT’s products and services offered through this Site (including the Subscription), and supersedes all prior agreements between You and CATALYIT. Failure by CATALYIT to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the state of Wisconsin (excluding its choice of law rules).  All claims arising out of or relating to this Agreement will be litigated exclusively in either the State Court of Wisconsin, Dane County or the Federal District Court for the Western District of Wisconsin, and You consent to personal jurisdiction in those courts.  In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

 

 

 

The following sections of this User Agreement do not apply to New Jersey residents or transactions: 20 (Indemnification), 21 (Disclaimer of Warranty), 22 (Limitation of Liability) and the first sentence of Section 26 (General).

 

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Updated 10132021

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