Terms of Service
Welcome! We are excited that you are taking advantage of the services offered by CatchOn, Inc. The Site and the CatchOn Service is provided by CatchOn, Inc. We’ve put together here some detailed terms and conditions about your use of the our service. You should read and understand them, as they govern your use of the Site and our service.
Acceptance Of Terms Of Service
Schools And Districts
Schools or Districts (“Schools”) may purchase a license or subscription to use the Platform for use within their specific organization only. The School acknowledges and agrees that access to the Platform will be limited to the specified School District or organizatyion. The School will not make available the Platform to anyone outside of the School District without Company’s prior consent. The School further agrees that it will use its reasonable efforts to educate its Users about proper use of the Platform and that we have the right to suspend or prohibit access to the Platform by any User in violation of these Terms. A School subscription may have restrictions on the number of authorized users, number and nature of reports and similar terms, all of which will be set forth in the School’s subscription.
Partners may purchase a license or subscription to access and use the Platform to obtain data and reports concerning the use of the their products. Partners may also be permitted to associate themselves with portions of the Platform pertaining to their products. Partners acknowledge that Company reserves the right in its reasonable discretion to incorporate or reject any proposed changes to information on the Platform. The Platform may also be used to enable Partners to interact with Users, including without limitation, those that provide Reviews and to enable Partners to respond to requests for information from Schools. Partners and Schools acknowledge and agree that any information submitted by a Partner by and through the Platform, including without limitation, to a School in response is the exclusive responsibility of the Partner and Company shall have no liability for any false information, misleading statements, misrepresentations or other inaccuracies. Schools and educators are solely responsible for any purchasing decisions made in response to information provided through the Platform.
Use Of The Platform
- interfere with, or attempt to interfere with, the normal operations of the Platform or any other User’s use of the Platform, including by overloading, flooding, spamming or crashing the Platform or its underlying systems or by altering any profile, reviews or other information provided by any User;
- post, share, link to or submit any content or material that is libelous, defamatory, invasive of privacy or publicity rights, vulgar, profane, indecent, obscene, sexually explicit or exploitative;
- use the Platform to harass, bully, threaten, humiliate, stalk or otherwise intimidate any other User, or any third party;
- post, share, link to or submit any content or material that constitutes hate speech, promotes violence against any group or person or is otherwise objectionable;
- post, share, link to or submit any content or material that is fraudulent, false, misleading or deceptive;
- post, share or disclose any personally identifiable information regarding any students;
- impersonate or falsely suggest or claim an affiliation with any other person or entity;
- seek to monetize the Platform, including by providing reviews or endorsements for payment or other consideration from any Partner or other third party;
- violate or circumvent your School’s policies, including the School’s honor code;
- collect, store or analyze information about other Users, except as authorized by such User;
- expose Company, the School or Community to any civil or criminal liability; or
- violate any applicable law or encourage conduct that would constitute a criminal offense.
Listing or information of any Application, App, Website or online service on or through the Platform, or facilitating a Partners’ response to a requests, does not constitute a recommendation, sponsorship, guarantee or endorsement of such by the Company. WE HEREBY DISCLAIM, AND YOU ACCEPT SUCH DISCLAIMER OF, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY OF THE EDUCATIONAL TOOLS, ACCURACY OF REVIEWS OR OTHER USER CONTENT OR ANY OF OUR PARTNERS. YOU ACKNOWLEDGE AND AGREE THAT ANY PURCHASE OR USE OF ANY PRODUCTS, WHETHER BASED ON ANY INFORMATION OR OTHERWISE, IS ENTIRELY AT YOUR DISCRETION AND RISK. IF YOU HAVE PROBLEMS WITH ANY EDUCATIONAL TOOL, YOUR REMEDY, IF ANY, IS THROUGH THE APPLICABLE PARTNER THAT PROVIDED OR SOLD THAT TOOL TO YOU.
Ownership. As between you and CatchOn, the Platform, including all content, graphics, audio, video, pictures, trademarks, Platform marks, logos and other material on the Platform, and its underlying software (the “Software”), algorithms, databases, look and feel and arrangement, are the intellectual property of Company, subject to copyright and other intellectual property protections. The Company mark and logo are the trademarks of Company. All rights in and to our website, the Platform and the Software not expressly granted herein are reserved by us. We grant you and you accept a non-exclusive, non-transferable, revocable license to use the Software solely for your own use of the Platform and in accordance with these Terms. All trademarks, service marks, logos and other branding elements associated with any School, Partner, or Products and all intellectual property rights in and to the products will be owned by their respective owners.
Feedback We may from time to time request our Users to evaluate, assess or provide feedback regarding the Platform or proposed improvements or new functions for the Platform. You agree that Company will own the results of any such evaluations and feedback and may use such results in its sole discretion. Any improvements, new features, or new Platforms that may be created or developed by Company based on User evaluations will be exclusively owned by Company without right of any User to consideration or attribution.
Maintenance Of The Platform; Changes
We reserve the right to issue corrections or modifications or upgraded versions of the Platform and Software at any time in our discretion. From time to time and with or without notice, the Platform may be unavailable so that we may perform ongoing, scheduled or emergency corrections or upgrades; provided, that if practicable, we will use good faith efforts to notify you in advance. We may also establish additional rules, limits or policies regarding the Platform and you agree that your compliance with such rules, limits or policies shall be a condition of your continued use of the Platform, or the applicable function.
We may at any time cease to continue operating part or all or selectively disable certain aspects of the Platform, including at the request of the School. You may cease using the Platform at any time; provided that you acknowledge and agree that all User Data generated by your organization prior to such time may be used in an aggregate form by the company. We may terminate your use of the Platform if you violate these Terms with or without prior notice to you.
THE PLATFORM AND SOFTWARE IS PROVIDED ON AN “AS IS” WHERE IS” BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PLATFORM, SOFTWARE OR ITS CONTENT, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSES, AND NON-INFRINGEMENT OF ANY THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ROBUSTNESS, SECURITY OR COMPLETENESS OF THE PLATFORM, THE SOFTWARE OR ITS CONTENT, OR OTHERWISE. WE MAKE NO WARRANTIES OR GUARANTEES REGARDING THE AVAILABILITY OR RELIABILITY OF THE PLATFORM OR THAT THE PLATFORM WILL BE ACCESSIBLE AT ANY SPECIFIC TIME. ALL USE OF THE PLATFORM IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE REMEDY IS TO DISCONTINUE USE AND OBTAIN A REFUND FOR ADVANCE PAYMENTS, IF ANY, AS SET FORTH IN THESE TERMS.
LIMITATION ON LIABILITY
IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO ANY INDIVIDUAL USER IN CONNECTION WITH USE OF THE PLATFORM, EXCEED THE LESSER OF (I) $50 AND (II) THE TOTAL AMOUNT THAT YOU PAID TO US FOR USE OF THE PLATFORM, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY PUNITIVE, CONSEQUENTIAL, SPECIAL, AND/OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOOD WILL, PROFITS OR BUSINESS. Any claim or cause of action by you must be brought within one (1) year following the occurrence of the event resulting in such claim or action. These limitations shall apply regardless of whether we knew, should have known or were forewarned of the possibility of such damages, but will not apply to any intentional damage or damage caused by our knowing violation of applicable law.
You hereby agree to indemnify, defend and hold Company and its affiliates and each of their owners, members, directors, officers, managers, employees, independent contractors, subcontractors, agents and representative (“Indemnified Parties”) harmless from any claim, cause of action, proceeding, liability, taxes, damages, loss, attorney fees, cost and expenses arising from or related to (i) your breach of these Terms and/or (ii) your use of the Platform, including any User Content you may submit or post on the Platform.
ANY CONTROVERSY OR DISPUTE BETWEEN COMPANY AND YOU ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE AND/OR YOUR USE OF THE PLATFORM THAT CANNOT BE SETTLED BY MUTUAL AGREEMENT SHALL BE EXCLUSIVELY AND FINALLY SETTLED BY ARBITRATION. THE ARBITRATION SHALL BE BEFORE THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”), IN DALLAS, TX, AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA.