Please read these Terms carefully. By accessing or using this Website you hereby accept and agree to comply with these Terms. These Terms are a contract between you and CATALOG and govern your access to and use of the Website. If you do not agree with these Terms, please do not proceed with, or promptly discontinue, accessing, browsing, using, or visiting the Website.
We may update these Terms at any time. Your continued use of the Website after we post the updates on the Website will constitute your continued acceptance of the updated Terms. The last date on which these Terms were updated is listed at the bottom of this document.
We refer to individual users of the Website, such as yourself as “User” or “you” in this document. As a condition to your use of, or access to, the Website, you hereby represent and warrant that you are at or above the age of majority in your jurisdiction of residence, and have the legal capacity to agree to these Terms.
IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION IN SECTION 8 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND CATALOG ARE EACH GIVING UP RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: WHILE THERE ARE IMPORTANT POINTS THROUGHOUT THESE TERMS, PLEASE NOTE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS ON CATALOG’S LIABILITY ARE EXPLAINED IN SECTION 5.
1. Restrictions on Use.
You agree not to do the following under these Terms:
(a) reverse engineer, use or access this Website to (a) build a competitive product, website or service, (b) build a product, website or service using similar. ideas, features, functions, content or graphics as this Website, or (c) copy any ideas, features, functions, content or graphics of the Website;
(b) sell, resell, rent, or otherwise commercially use or distribute any content obtained from this Website;
(c) use any automated programs, data mining tools, web-crawlers or other data gathering or extraction tools in connection with your use of the Website;
(d) “mirror” the contents of the Website though the use of HTML frames or other means to display such content on another website or document;
(e) use the Website for activities that may violate any applicable law;
(f) upload or otherwise provide any information, content or Feedback on the Website that infringes upon any third-party’s intellectual property. rights, or is libelous, defamatory, or unlawful;
(a) post or transmit any personally identifiable information about persons under 13 years of age on the Website;
(b) use the Website in a manner that is intended to cause damage to or adversely affect the Website, including by means of introducing a virus, breaching any security protocols, or spamming the Website;
(c) use the Website for any activities that may adversely affect CATALOG or its reputation; or
(d) otherwise use the Website in a manner that violates these Terms.
2. Intellectual Property.
2.1 Intellectual Property. We shall continue to own and retain all right, title, and interest, including all related, copyrights, trademarks, trade dress, patents, and other intellectual property rights, in and to technology, text, graphics, images, content or materials provided on the Website. You may not copy, reproduce, or disclose any of the content provided on the Website. We do not grant you the right to use any branding or logos used on the Website or the license to use any logos, content or material provided on the Website for any commercial purposes. We reserve the right to enforce our intellectual property in any and all content provided on the Website to the fullest extent of the law.
2.2 Improvements. We shall have the full right and license to use any feedback, suggestions, comments, ideas, or the like(“Feedback”) received from you in connection with the content provided on the Website for improvements to the Website, any of our products, or for any other business purpose. Any alterations, changes, modifications, enhancements, additions, restructuring or deletions made to, or derivatives of or other products or websites derived from, or as a result of such Feedback or otherwise arising in connection with your Feedback shall be our sole and exclusive property, together with all intellectual property and other rights therein.
4 Communications. You understand and acknowledge that we may send some information and communications to you from time to time related to the Website (including newsletters and press releases about CATALOG’s activities or promotional emails and other communications about products and services that may be of interest to you). You agree and consent to receive all such communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”). We may contact you and provide these Communications to you using pop-up web notifications, or via SMS text messages, phone calls, emails, mail, or other similar means. You may incur data, call-time or SMS charges from your service providers in connection with Communications received from us.
5. Disclaimers; Limitation of Liability.
5.1. Disclaimers. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, CATALOG EXPRESSLY DISCLAIMS ALL WARRANTIES IN RELATION TO THE SITE, INCLUDING ANY WARRANTY RELATED TO TITLE, NON-INFRINGEMENT, IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DISCLAIM THE FOLLOWING:
(A) AS-IS CONTENT. THE WEBSITE IS DELIVERED TO YOU “AS-IS” AND “AS-AVAILABLE” AND WE DO NOT MAKE ANY WARRANTIES RELATED TO THE AVAILABILITY OF THE WEBSITE OR THE APPROPRIATENESS, EFFICACY OR ACCURACY OF ANY CONTENT OR MATERIALS THAT IS PROVIDED ON THE WEBSITE. WE MAKE NO UNDERTAKING TO UPDATE OR REVISE ANY CONTENT PROVIDED ON THE WEBSITE AS A RESULT OF NEW INFORMATION OR DEVELOPMENT. ALL CONTENT PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
(B) INFORMATIONAL CONTENT. ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY, AND IS AN INVITATION FOR YOU TO CONNECT WITH US IF YOU WISH TO LEARN MORE. WE ARE, HOWEVER, NOT UTILIZING THE WEBSITE TO PROVIDE TECHNOLOGICAL, LEGAL OR OTHER ADVICE, AND NO INFORMATION OR MATERIAL ON THE WEBSITE SHOULD BE CONSIDERED A RECOMMENDATION TO BUY OR SELL ANY PRODUCTS, OR TO MAKE ANY INVESTMENT DECISIONS.
(C) Third-Party Links. If we provide any links to websites operated by third-parties on the Website, we do not endorse, take responsibility for, or recommend any products or services offered on these third-party websites. We make no express or implied warranty about the accuracy, appropriateness, efficacy, legality, or any other aspect of the content provided on such websites. You acknowledge that you will access or use such third-party websites completely at your own risk.
(D) Confidentiality and Data Security. The Website is not intended to be a medium for you provide any confidential orproprietary information to CATALOG. We expressly disclaim any warranties related to the confidentiality, security or privacy of any information provided to us by you through the Website.
5.2 Limitations on Liability. To the fullest extent permitted under applicable law, in no event shall CATALOG, its agents or contractors be liable for any consequential, punitive, incidental, or special damages, including, but not limited to, investment losses, loss of profits, lost opportunities, or unauthorized disclosure of your data, whether in any action in warranty, contract, tort, breach of contract, negligence, strict liability, malpractice, or another legal theory, whether or not we were made aware of the possibility of such damages. To the fullest extent permitted under applicable law, CATALOG’s maximum aggregate liability for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, will not exceed an amount of $50.
6. Indemnification. To the fullest extent permitted under applicable law, you hereby agree to indemnify, defend, and hold harmless CATALOG and its employees, officers, directors, contractors, licensors and agents from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, suits, fees (including attorneys’ fees and expert fees), and costs of any kind whatsoever arising directly or indirectly out of or in connection with: (1) your use of the Website; (2) your actions (or inaction) taken in connection with any information contained on the Website; or (3) your breach of these Terms.
7. Term. These Terms will be applicable to you for the duration of your use of the Website. We may, at our sole discretion, at any time without prior notice to you: (1) change, restrict, suspend or terminate your access to the Website; (2) discontinue the Website or any portion thereof; or (3) add, remove or modify any content or functionality that is available through the Website.
8. Governing Law; Mandatory Arbitration.
8.1 Governing Law. Any disputes arising in connection with your access to or use of the Website, shall be governed by and construed and enforced solely and exclusively in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law principles.
8.2 Mandatory Arbitration. You agree to provide a written notice of any disputes or claims that you may have in connection with your use of or access to the Website at our notice address (provided below) and try to resolve any such disputes with us in good faith thereafter. If the dispute is not resolved, within 30 days of your providing a notice to us, both parties agree that the dispute will be resolved through individual, non-representative, binding arbitration held in English, instead of a proceeding in courts of general jurisdiction. Any such disputes will be decided by a single arbitrator and will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures and as modified by this agreement to arbitrate. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in Boston, Massachusetts. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court with appropriate jurisdiction. Each party will be responsible for its respective costs, including costs related to its respective attorneys, experts, and witnesses.
8.3 Waiver of Right to Jury Trial and Class Action. YOU AND CATALOG EXPRESSLY WAIVE YOUR RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVEPROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.
9.1 Successors and Assigns. These Terms will be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties.
9.2 Severability. If any part of these Terms become becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of the Terms will remain in full force and effect.
9.3 Integration; Waiver. These Terms constitute the entire agreement between you and us relating to the subject matter of the Website and supersedes any prior communications or agreements between you and us related to your use of and access to the Website. If we fail to insist on or enforce strict performance of any of the Terms at any time, such failure will not be construed as a waiver of any of our rights under these Terms.
9.4 Survivability. The rights, obligations, and commitments in these Terms that, by their nature, would logically continue beyond the termination of your use of or access to the Website (including, without limitation, Sections 2, 3, 5, 6, 8 and 9) survive termination of these Terms.
9.5 No Third-Party Beneficiaries. Except as expressly stated, no provisions of these Terms create any third-party beneficiary.
9.6 Notice Address. You can communicate with us or provide a notice to us, as required in these Terms, at:
Catalog Technologies, Inc.
529 Main Street, Suite 127
Boston, MA 02129
Email: [email protected]
EFFECTIVE AND REVISED 06/07/2023