CATALYST EDUCATION AND CAREER PATHWAYS WEBSITE TERMS OF USE AGREEMENT 

EFFECTIVE DATE: July 4, 2016
LAST UPDATED: July 4, 2016


CATALYST EDUCATION AND CAREER PATHWAYS WEBSITE TERMS OF USE AGREEMENT A Brief Overview of this Terms of Use Agreement (“Agreement”): Welcome! Catalyst Education and Career Pathways is pleased to host this website and is honored by your visit and appropriate participation in this community. By using this website, you agree to this Agreement and to act appropriately according to this Agreement.

Additionally, relevant information regarding the use and enjoyment of Catalyst Website, Visitor obligations and rights, and Catalyst’s obligations and rights can be found throughout the following sections:

I. Acceptance of the Terms
II. Conduct
III. Content
IV. Description of Services
V. Registration and Getting and Account
VI. Account Security
VII. Privacy Notice
VIII. Submissions
IX. License
X. Termination
XI. No Endorsement of Third Party Services
XII. Disclaimer of Warranties
XIII. Limitation of Liabilities
XIV. Notice
XV. Digital Millennium Copyright Act Compliance
XVI. Indemnification
XVII. Arbitration and Governing Law
XVIII. Violations

I. Acceptance of Terms

Welcome to Catalyst Education and Career Pathways (“Catalyst”) Website (“Website”)! Catalyst is a team of dedicated educators who are excited to host a Website that serves as a community hub and a meeting place to inform, discuss, and celebrate education. This Agreement sets forth the terms and conditions that apply to students, families, educators, stakeholders, and users (“Visitors”) accessing the Website. Please read this page carefully. Please exit this Website if this Agreement is not acceptable. By using this Website, Visitor agrees to the terms and conditions in this Agreement and consents to be bound by the terms and conditions in this Agreement. Thank you for accessing this Website and engaging with Catalyst! Your trust and cooperation, along with Catalyst’s mission, can make this visit safe and meaningful.

II. Conduct

This Website is for lawful purposes only. Visitor shall not use this Website for, shall not post on or through this Website, nor shall Visitor transmit through this Website any content or material that:

i. Is unlawful, threatening, abusive, defamatory, vulgar, profane, obscene, invasive of privacy or publicity rights, otherwise objectionable, or involves nudity;
ii. Violates or infringes in any way on the rights of others;
iii. Visitor has no right or permission to post;
iv. Is false, inaccurate, out of date, or incomplete for the purpose of misleading or inducing another Visitor or the Website administrators to act;
v. Is posted through unauthorized or access of another Visitor’s account;
vi. Is framed to advertise a product or a service;
vii. Is prohibited by this Agreement.

III. Content

Some areas of this Website provide Visitors an opportunity to post messages, link photos, or communicate other information (collectively, "Postings"). BE ADVISED THAT CATALYST HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW SUCH POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEBSITE. Visitor Postings do not necessarily reflect the views of Catalyst. The Postings are accessible and viewable to the general public and other users of this Website. Visitor hereby represents and warrants to have all necessary rights in and to all Postings and all material Postings contain. Visitor hereby represents and warrants that Postings shall not infringe any proprietary or other rights of third parties and that Postings shall not contain any viruses or other contaminating or destructive devices or features. Visitor hereby represents and warrants that Postings will not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content and that Postings will not be used to carry out or solicit any unlawful activity or be used to make commercial solicitations. Catalyst reserves the right to monitor all Postings and to remove from the Website any Posting which Catalyst considers, in its absolute discretion, to be offensive or otherwise in breach of this Agreement. Visitor hereby authorizes Catalyst to use all or part of Postings in any manner, format, or medium that Catalyst sees fit to enhance the Website or to protect other Visitors. Visitor shall have no claim or other recourse against Catalyst for infringement of any proprietary right in Postings.

IV. Description of Services and Modifications to this Agreement It is important to Catalyst that the Website provides a safe, informative, helpful, entertaining, and reliable experience to Visitors. Catalyst

Website services include:
• Information about education access at all levels and access to services!
• Information about career paths and career resources!
• Friends, mentors, and like-minded Visitors!
• Entertainment, rewards, and other goodies!
• Updates, improvements, and enhancements!

Catalyst reserves the right to modify, change, add to, or remove portions from (“Update”) this Agreement at any time in our discretion. Updates are valid upon publication on this page. Please check this page periodically for notice of Updates. Please discontinue use of this Website if Visitor does not consent to Updated Agreement.

V. Registration and Getting an Account In order to become a member of the Catalyst Website community and post content, update material, or communicate with other Visitors, a Visitor must register and create an account.

While Catalyst does not charge for access to this Website, if Visitor is using the internet through a device or data access plan that incurs charges or fees, Visitor agrees that Visitor is responsible for all data charges incurred.

VI. Account Security

Visitor is responsible for account security. This means keeping password and login information private. Do not give browsers with bad intentions (“Hackers”) the chance to pretend to be you and post inappropriate or embarrassing content. Besides your pride and reputation, if the Hacker violates this agreement, your account may be deleted and your access to this Website blocked.

VII. Privacy Notice

The Catalyst Website Privacy Policy located here, is an important part of this Agreement. Please read the Privacy Policy. This Website is not intended for children under the age of thirteen (13). If you are under the age of eighteen (18) read this Agreement and the Privacy Policy with your parent or guardian. Catalyst complies with the Children’s Online Privacy Protection Act, or COPPA.

VIII. Submissions

Catalyst welcomes suggestions and comments regarding this Website from Visitors. Any comments or suggestions submitted to this Website or Catalyst, either online or offline, will become property of Catalyst upon submission. This clause is intended to avoid the possibility of future misunderstandings for projects and enhancements developed by Catalyst.

IX. License

Visitors are granted a personal, non-exclusive, non-assignable, and non-transferable license to access and use this Website for personal and non-commercial use only, subject to this Agreement. Modifications of any materials on this Website or use of the materials for any purpose other than as contemplated in this Agreement is a violation of Catalyst's copyright and proprietary rights. Visitors agree not to reverse engineer, duplicate, publish, modify, or otherwise distribute the materials on this Website unless specifically authorized to do so in writing by Catalyst.

Catalyst does not guarantee the accuracy or completeness of any information or content. Visitor must evaluate and bears all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

X. Termination

Catalyst reserves the right to discontinue, either temporarily or permanently, this Website or any part of this Website at any time without notice. Catalyst also reserves the right to suspend, remove, or block access of any Visitors who violate this Agreement or otherwise act in a manner that is not conducive to of beneficial for this educational community without notice. Catalyst will not be liable to any Visitor or any third party for any loss or injury caused by a termination.

XI. No Endorsement of Third Party Services and Software

In no event shall any reference on this Website to any third party, third party website or third party product or service be construed as an approval or endorsement by Catalyst of that third party, third party website or of any third party product or service.

This Website may contain links to other websites owned by third parties ("Third Party Sites"). Please note that clicking on any of these links, takes Visitor to enter another website for which Catalyst has no responsibility or control. Visitor may also have the ability, through this Website, to login to accounts that Visitor has for services provided by third parties (“Third Party Services”) or to link accounts for Third Party Services to Visitor’s Catalyst Website account. Catalyst is not responsible for any activity occurring within Third Party Services even if Visitor is logged in through or linked to a Catalyst Website account.

Visitor agrees that Catalyst shall not be responsible for any loss or damage of any sort incurred as a result of use of any Third Party Sites and Third Party Services, whether or not Visitor was linked to or directed to a Third Party Site or Third Party Service through this Website. Please acknowledge that Third Party Sites and Third Party Services may be subject to the applicable third party provider’s terms of service, and Visitor is solely responsible for reviewing and complying with any such terms of service.

XII. Disclaimer of Warranties

VISITOR EXPRESSLY UNDERSTANDS AND AGREES THAT:
1. USE OF THIS WEBSITE IS AT VISITOR’S OWN RISK. THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CATALYST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. CATALYST MAKES NO WARRANTY THAT
(i) THIS WEBSITE WILL MEET VISITOR REQUIREMENTS;
(ii) THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY VISITOR THROUGH THIS WEBSITE WILL MEET EXPECTATIONS; AND
(v) ANY ERRORS OR DEFECTS IN THIS WEBSITE WILL BE CORRECTED.
3. ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED, FROM THIS WEBSITE IS DONE AT VISITOR’S OWN DISCRETION AND RISK.

CATALYST SHALL NOT BE LIABLE, AND VISITOR WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION OF DATA UPLOADED OR INPUTTED BY VISITOR THROUGH THE USE OF THIS WEBSITE, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THIS WEBSITE.


XIII. Limitation of Liabilities

CATALYST IS NOT LIABLE TO VISITOR OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND WITHOUT LIMITATION, INCLUDING, ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON VISITOR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE WEBSITE, THE SERVICES, THE MATERIALS, VISITOR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF CATALYST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VISITOR HEREBY RELEASES CATALYST AND HOLDS CATALYST AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND MEMBERS, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, MATERIALS, WEBSITE, VISITOR CONTENT, COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE WEBSITE. VISITOR HEREBY WAIVES THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE, THE SERVICES, OR THE MATERIALS, VISITOR AGREES THAT THE SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE WEBSITE, THE SERVICES AND THE MATERIALS. UNDER NO CIRCUMSTANCES SHALL CATALYST, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR VISITOR USE OF THE WEBSITE, THE SERVICES, THE MATERIALS, VISITOR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE WEBSITE, THE SERVICES, THE MATERIALS, VISITOR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILBALE ON OR THROUGH THE WEBSITE.

To the fullest extent permitted by applicable laws, Catalyst shall in no event have any responsibility or liability for the Postings (or the loss thereof for any reason) or for any claims, damages, or losses resulting from their use, or loss, or appearance on this Website.

XIV. Notice

Any information that must be communicated to Catalyst in writing because of compliance with applicable laws or because of the terms and conditions of this Agreement can be sent to:

Catalyst Education and Career Pathways, LLC.
Attention: Danielle Briggs
(503) 683-1076
[email protected]


Notices or other communications are considered delivered upon actual receipt if delivered personally, by email, or by a nationally recognized overnight delivery service; or at the end of the third business day after the date of deposit, if deposited in the United States mail, postage pre-paid, certified, return receipt requested.

XV. Digital Millennium Copyright Act Compliance

Please let Catalyst know of any copyright concerns about any materials posted on this Website by others,. Catalyst complies with the provisions of the Digital Millennium Copyright Act ("DMCA") applicable to Internet service providers (17 U.S.C. § 512). Unless otherwise stated in any specific DMCA designation provided by Catalyst, please provide written notice ("Notice") by contact using the following address:

Catalyst Education and Career Pathways, LLC.
Attention: Danielle Briggs
(503) 683-1076
[email protected]


In order to be effective, the Notice must include the following:
• A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, ("Complaining Party") of an exclusive right that is allegedly being infringed upon;
• Information reasonably sufficient to permit Catalyst to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
• Identification of the allegedly infringing material on the Catalyst Website ("Infringing Material"), and information reasonably sufficient to permit Catalyst to locate such material on the Website;
• Identification of the copyrighted work claimed to have been infringed upon ("Infringed Material"). Please be specific as to which Infringing Material is infringing on which Infringed Material;
• A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and • A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

XVI. Indemnification

To the extent permitted by applicable law, Visitor will indemnify, hold harmless and defend Catalyst and its members and agents, from any and all third-party claims, actions, proceedings, and suits brought against Catalyst or its members and agents; and all related liabilities, damages, settlements, penalties, fines, costs or expenses incurred arising out of or relating to:

• Visitor’s breach of any term or condition of this Agreement;
• Visitor’s violations of applicable laws, rules or regulations in connection with the use of this Website;
• violations of Visitor obligations of privacy, possession, or use or information to any third party; and
• any claims with respect to acts or omissions of any third party in connection with this Website.

Catalyst shall provide written notice of any claim, suit or action from which Visitor must indemnify Catalyst. Catalyst will cooperate as reasonably required in the defense of any claim. Catalyst reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification.

XVII. Arbitration and Governing Law

Any dispute or claim, except those within the jurisdiction of small claims court, that arises out of or that relates to:
• this Agreement, or
• to the interpretation or breach thereof, or
• to the existence, validity, or scope of this Agreement,
shall be resolved by arbitration in accordance with the then effective arbitration rules of (and by filing a claim with) Arbitration Service of Portland, Inc. Visitor and Catalyst expressly reserve the right to resolve disputes in small claims court. Judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The venue for any dispute resolution shall be Multnomah County, Oregon.

Catalyst acknowledges that mediation usually helps parties to settle their dispute. Therefore, any party may propose mediation whenever appropriate through the organizations named above or any other mediation process or mediator as the parties may agree upon.

This Agreement and all rights thereunder, and any controversies or disputes arising with respect thereto, will be governed by and construed and interpreted in accordance with the laws of Oregon, applicable to agreements made and to be performed entirely within such State, without regard to conflict of laws provisions thereof that would apply the law of any other jurisdiction.

XVIII. Violations

Please contact Catalyst to report any violations of this Agreement or any behavior that is not conducive or beneficial to this community.

Catalyst Education and Career Pathways, LLC.
Attention: Danielle Briggs
(503) 683-1076
[email protected]