Effective starting: August, 2019
Thanks for using Catapult’s Cloud Products! These terms and conditions (“Terms of Service”) govern your use of this website catapulthq.com (“Website”). In these Terms of Service, Catapult HQ, Inc. is referred to as the “Company”, “Catapult”,” “us,” or “we.”
1. Welcome to Catapult. These terms and conditions apply to the services available from and related to the domain and sub-domains of the Website, including without limitation any Catapult-owned or third-party communication channels accessible from or related to the content of the Website (together with the Website, the “Services”).
2. For as long as Catapult continues to offer the Services, it shall deliver, update, improve and expand the Services as it deems appropriate. As a result, Catapult allows you to access the Website as it is and as available on any day, and it has no other obligations, except as expressly stated in these Terms of Service. Catapult may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. Unless otherwise noted, all of these changes are effective once posted on our site or by direct communication to you. Your use of the Services following such posting or communication constitutes your acceptance of the updated terms and conditions of use.
3. Nothing in these Terms of Service is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, create an agency relationship, or authorize any party to make or enter into any commitments for or on behalf of any other party.
YOUR USE OF THIS WEBSITE
1. You must not use this Website for anything that is unlawful or is otherwise prohibited by these Terms of Service and/or any notices elsewhere on this Website.
2. Catapult advises that you seek professional advice before relying on any information on this Website. Under no circumstances will Catapult be liable in any way for any information it provides on the Website or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, graphics, video or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
3. When using this Website or the Services, you must not:
- defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
- publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, offensive or unlawful material or information;
- upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights or have received all necessary consents;
- upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
- impersonate any person or entity, including without limitation any employee or representative of Company;
- post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services;
- run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with or place an unreasonable load on the Services’ infrastructure or any third party websites or services;
- decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
- falsify the origin or source of software or other material contained in a file that is uploaded;
- download any file posted by another user of this Website that you know, or reasonably should know, cannot be legally distributed in such manner.
4. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments, if any, associated with your activity in connection with the Services.
5. You represent and warrant Catapult that you are of legal age to form a binding contract or have the consent of your company or legal to do so. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
6. If you are registering with the Website as a business entity, you represent that you have the authority to legally bind that entity and consent to share any employee information with Catapult. If you are trading as a business, you must comply with and you are responsible for all laws applicable to your business.
7. If you link to the Website, Catapult may revoke your right to so link at any time, at Catapult’s sole discretion. Company reserves the right to require prior written consent before linking to the Website.
8. You will indemnify and hold Catapult, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your or your employees’ access to the Services, use of the Services, your violation of these Terms of Service , or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
1. In order to use the Services, you will need to register and become a subscriber (“Subscription”) if you wish to access the Services via this Website, your Subscription is subject to Catapult’s subscription charges set out in your subscription plan. If you wish to change your subscription plan, at any time, please notify us and we will update your membership package, which will take effect at the end of your current commitment period. Changes will be subject to these Terms of Service (and in particular paragraph 4.2).
3. When registering, you must provide true, accurate, current and complete information about yourself. You are responsible for making sure this information is updated so that it is true, accurate, current and complete. If any information provided by you is not true, accurate, current and complete, Catapult has the right to cancel your subscription and refuse any and all current or future use of this Website.
4. Registration requires a valid email address and unique password. To create a secure password, choose a password that uses a combination of letters, upper case and lower case, numbers, and symbols. For example, #Launch86!. Avoid choosing obvious words or dates such as a nickname or your birth date. You are responsible for keeping your username and password confidential and secure. We strongly recommend that you log-off from the Website when your session is complete to prevent unauthorized access to your information.
5. You must not share your user name or password. If you believe there has been any unauthorized use of username or password, this must be reported to firstname.lastname@example.org as soon as you are aware of such use and Catapult will, as soon as reasonably possible, cancel your user name and/or password. We will work with you to have new credentials (username and password) issued to you.
6. Catapult may, for security or other similar reasons, require that you provide information to us confirming your identity. In addition, we may also require that you change your user name and/ or password or other information which facilitates access to this Website or its Services.
7. Catapult reserves the right to cancel your Subscription access without notice if we become aware of any breach of these Terms of Service by you.
8. Catapult will send you a confirmation e-mail, following registration and this will confirm your Subscription, allowing you to access the Services available via the Website. You may cancel your subscription at any time – see section 7 for details of cancellation.
CHARGES AND PAYMENTS
1. Charges are linked to the individual or group subscription package to which you subscribe. The terms of your Subscription are incorporated in these Terms of Service by reference as if fully set forth herein.
2. Your Subscription will automatically renew and you will be charged in advance of your RENEWED SUBSCRIPTION START DATE until your subscription is cancelled. You may notify us of your wish to cancel your Subscription at any time by emailing email@example.com, but your cancellation will not take effect until the end of your current commitment period. We will provide you with a notice at least 15 days and no more 45 days in advance of your anniversary renewal date along with any other terms that have changed e.g., subscription price. ADDITIONAL TERMINATION PROVISIONS MAY BE FOUND IN SECTION 7 OF THESE TERMS OF SERVICE. Annual subscriptions will renew on the one-year anniversary of the start of your current annual membership term and will be effective for an additional year-long term unless cancelled prior to renewal. Monthly subscriptions will renew on the one-month anniversary of the start of your current monthly membership term and will be effective for an additional month-long term unless cancelled prior to renewal. SUBSCRIPTION PRICES MAY CHANGE AND WILL RENEW AT THE THEN-APPLICABLE RATE. In the event of a material change in the terms of the automatic renewal, we will provide you with notice of the material change and provide information regarding how to cancel your Subscription in a manner that is capable of being retained by you. All charges are in US Dollars. Any reduction in the applicable subscription price (for example, where you downgrade to a lower-priced package or reduce the number of users on your account) will take effect in your next subscription payment period following notification. Any increase in the applicable subscription price (for example, where you upgrade your package or add additional users) will take effect from the date of notification (so that a pro-rata payment shall be made for the remainder of the current payment period, with the full payment to be made from the beginning of the following plan period). Your subscription period begins on the date on which you register for the Services and finishes on the day before that calendar date the following period.
3. Payment for all charges are payable upon registration or the relevant periodic payment date. You can pay subscription fees by any MasterCard, Visa, or American Express credit card; check; or any other payment methods the company accepts. If you pay with a credit card a convenience fee will be applied and will be no more than 3%. Your payment details will be encrypted to minimize the possibility of unauthorized access or disclosure. At the time of registration, you will be asked to provide credit/debit card details. In the event that Catapult is unable at any time to obtain payment for any charges using credit card details, Catapult may freeze your account until it has received payment in full.
4. Your Subscription may start with a free trial. The length and terms of our free trials are set to 7 business days. The Company reserves the right, in its absolute discretion, to determine your eligibility for a free trial, and to withdraw or to modify a free trial at any time without prior notice and with no liability. We require that you provide payment details to start a free trial. At the end of your free trial, Catapult will automatically start to charge you for the membership package associated with your free trial on the first day following the end of the free trial period, and continuing on a recurring yearly period, depending on the length of your subscription period. By providing your payment details in connection with a free trial registration, you agree that we can charge you as indicated herein. If you do not want us to charge you, you must cancel your membership by emailing firstname.lastname@example.org before the end of your free-trial. See section 7 for additional details of cancellation. You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun.
5. You may be eligible for a discount on your subscription fees in accordance with our partnership program and any other discount program that we may implement from time to time. Catapult reserves the right, in its absolute discretion, to determine your eligibility for any discounts, and to withdraw or to modify a discount program at any time without prior notice and with no liability. In connection with our referral program, you will not receive a notice from us that a referred member’s account has been inactivated, and any discount associated with an inactivated member account will cease to apply as of your next subscription payment period after such inactivation becomes effective.
DEALINGS WITH THIRD PARTIES
1. Catapult is not an agent of any third party or any party named or linked to this Website (“Third Parties”) and does not have any authority to act for such Third Parties. Catapult does not control or endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Third Parties.
3. You agree that (to the maximum extent permitted by applicable law) Catapult, our officers, directors and employees, shall have no liability to you in relation to any dispute which you may have with a Third Party, one or more of your customers, and/or any other users of this Website.
1. You acknowledge and agree that all Content provided on the Website or through the Services, contained in sponsor advertisements or, presented to you by Catapult, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and except as expressly permitted herein, shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
2. You acknowledge and agree that you are permitted to review, print and make one copy, for your personal use, of the Content (and other items displayed on the Website for download), provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant Content in any form.
1. Without prejudice to any remedy that Catapult may have against you, we may terminate or suspend with immediate effect and without notice, your access to and use of this Website and your Subscription if:
- 1. We do not receive timely payment under your subscription;
- 2. We reasonably believe that you have breached any of these Terms of Service;
- 3. We are unable to verify the accuracy or validity of any information provided by you;
- 4. Or we suspect fraudulent, abusive or illegal activity by you.
2. Should you object to any of these Terms of Service, or any subsequent changes to them, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue to access or use this Website.
3. You may notify us of your wish to cancel your Subscription at any time by emailing us at email@example.com, but your cancellation will not take effect until the end of your current commitment period. You will not be entitled to a refund for any fees already paid.
4. You may notify us of your wish to reduce the number of additional users attached to your account or to downgrade to a different package at any time, but such reduction will not take effect until the end of your current commitment period. You will not be entitled to a refund for any fees already paid in respect of such users or enhanced package, in accordance with section 4.2.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
1. Catapult has no special relationship with or fiduciary duty to you. You acknowledge that Catapult has no control over, and no duty to take any action regarding: (i) which users gain access to the Services; (ii) what Content you access via the Services; (iii) what effects the Content may have on you; (iv) how you may interpret or use the Content; (v) or what actions you may take as a result of having been exposed to the Content. You release Catapult from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
2. IN NO EVENT SHALL CATAPULT OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU FOR THE SERVICES PURCHASED THROUGH THE WEBSITE DURING THE SIX-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (V) FOR ANY ACTIONS OF, OR SERVICES PROVIDED BY, THIRD-PARTY SERVICE PROVIDER BUSINESSES OR INDEPENDENT CONTRACTORS PROVIDING SERVICES ON BEHALF OF THE COMPANY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
AMENDMENT TO THESE TERMS AND CONDITIONS
1. Catapult reserves the right to amend and alter these Terms of Service and any Content or information contained on the Website at any time. In the event these Terms of Service are altered Catapult will post the amended Terms of Service on this Website. Changes will apply from the date of posting.
1. While Catapult will try to provide you with uninterrupted access to this Website and its Services, we may need to withdraw, modify, discontinue or suspend (temporarily or permanently) one or more aspects of this Website where Catapult has a legal, technical or other good reason to do so (including technical difficulties experienced by us or any Internet infrastructure). However, Catapult will try, wherever possible, to give reasonable notice of our intention to do so.
2. Catapult reserves the right to withhold, remove and or discard any Content available as part of your account, including any Content contributed by you, with or without notice if deemed by us to be contrary to these Terms of Service. Catapult has no obligation to store, maintain or provide you a copy of any Content that you provide when using the Services.
3. If Catapult fails to exercise or enforce a right under these Terms of Service that failure shall not constitute a waiver of such right or provision.
4. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected. The parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
5. These Terms of Service shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to the conflict of laws provisions thereof. Both parties submit to the non-exclusive jurisdiction and venue in the United States Federal Courts, District of North Carolina.
6. These Terms of Service set out Catapult’s entire agreement and understanding with respect to the subject matter of these Terms of Service and supersedes any and all representations, communications or prior agreements (written or oral) made to you.
7. Each party acknowledges that on entering into these Terms of Service, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms of Service or not) except those expressly set out in these Terms of Service.
8. Unless expressly provided in the Terms of Service no term is enforceable by any person who is not a party to it.
9. You must report any violations of these Terms of Service to firstname.lastname@example.org.
1. Any claim or controversy, including but not limited to claims arising out of alleged errors and omissions relating to the obligations of the Parties under this Agreement or out of alleged breaches of this Agreement, will be settled by arbitration in accordance with the Code of Commercial Arbitration of the American Arbitration Association with each Party paying its own costs, including the cost of its arbitrator, and one-half the cost of the neutral arbitrator and one-half of any shared costs of the arbitration. Judgment of any award rendered by the arbitrator in any such arbitration may be entered in any federal and state courts in Columbia, South Carolina having jurisdiction thereof. Arbitration will take place in Columbia, South Carolina.
2. Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to Claims between the Parties alone. Claims may not be joined or consolidated unless agreed to in writing by all Parties. No arbitration award or decision will have any preclusive effect as to issues or Claims in any dispute with anyone who is not a named Party to the arbitration. The arbitrator’s decision will be final.
Questions? Contact Us
Catapult HQ, Inc.
6277-600 Carolina Commons Dr., Suite 361
Fort Mill, SC 29707
Notice and Disclaimer for Catapult Guest Users
You, as a guest user, acknowledge and agree that your access to and use of Catapult is on behalf of the party that invited you to “Request For” project, and not Catapult HQ, Inc. (“Catapult”). Neither Catapult nor its suppliers shall be liable to you for any loss of use, lost or inaccurate data, lost profits, failure of security mechanisms, interruption of business, delays or any direct, indirect, special, incidental, reliance or consequential damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if informed of the possibility of such damages in advance. In any event, Catapult’s aggregate liability to you will not exceed fifty U.S. Dollars (U.S. $50).
Catapult Free is provided “as is,” and Catapult and its suppliers expressly disclaim any and all warranties and representations of any kind, including any warranty of non-infringement, title, fitness for a particular purpose, functionality, or merchantability, whether express, implied, or statutory.