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Catylyst One

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Terms and Conditions

Last Updated: May, 2018

 

Welcome to www.CatylystOne.com (the “Site”). This site is owned and operated by CatylystOne LLC (“CatylystOne”). We provide our visitors and members (collectively, “You” or “Your”) electronic applications to facilitate recruiting, time and attendance tracking, client visit verification, record and workflow management, and communication between home care employers and caregivers. Your use of CatylystOne’s mobile or desktop applications, software, services and web sites, including Xyppr and CatylystEQ, (referred to collectively as the “Services”) is subject to these terms and conditions (the “Terms and Conditions”) and form a binding agreement between You and us. Please review the following terms carefully. Each time You access the Site or use the Services, You are agreeing to be bound by these terms, whether You are a “Visitor” (which means that You simply browse the Site), or You are a “Member” (which means that You have established an account with us (Your “Account”)). The CatylystOne Privacy Policy, available at www.CatylystOne.com, is incorporated into these Terms and Conditions and together may be referred to as the “Agreement”.

If You do not agree to all of these terms, You may not access the Site or Services and You must cease access to the Site and Services immediately.

We may change the terms of the Agreement from time to time. We will notify You of any material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email (for Members only). Any such modifications become effective upon the earlier to occur of (i) Your acknowledgement of such modifications; or (ii) Your continued access to and/or use of the Site or Services after we post notice of such modifications. It is Your sole responsibility to check the Site from time to time to view any such changes to the terms in the Terms and Conditions. If You do not agree to any changes, if and when such changes may be made to the Terms and Conditions, You must cease access to the Site and use of the Services. If you are a Member, You give us permission to email You for the purpose of notification as described above. We reserve the right to discontinue the Site or Services with or without notice to You. We will not be liable to You or any third party should we exercise our right to discontinue the Site and/or Services.

User Consent – By using the Site or the Services, You represent and warrant that You are at least 18 years old, You have the right, authority and capacity to enter into this Agreement, and You will abide by all of the terms and conditions of this Agreement.

Member Accounts – A Visitor may browse the Site in accordance with these Terms and Conditions, but will not have access to certain Services without first becoming a Member. In order to use the Services available to a Member, You are required to set up an Account with us. When You set up an Account, You are required to select a unique user ID and password (collectively “Account Credentials”). You promise that all information You provide to us is true, accurate, current and complete, and You agree to maintain and promptly update such information to keep it true, accurate, current and complete. You may not transfer or share Your Account Credentials with any third parties, and You are solely responsible for maintaining the confidentiality of Your Account Credentials. You acknowledge and agree that we rely on Account Credentials to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using Your Account Credentials, we will rely on the Account Credentials and will assume that it is really You who is accessing the Site and Services. You are solely responsible for any and all use of Your Account Credentials and Account and all activities that occur under or in connection with Your Account Credentials and Account. You agree to be responsible for any act or omission of any users that access the Site or Services under Your Account Credentials. You agree not to register for more than one Account or register for an Account on behalf of any group or entity.

Optional Member Verification – You understand and agree that CatylystOne has the right, but not the obligation, to independently verify any statement made by any Member on the Site or verify that any Member meets any of the eligibility requirements to maintain an Account. In the event that CatylystOne chooses to verify the representations and warranties or any information provided by You through Your use of the Site or the Services, You hereby authorize CatylystOne, either directly or through our vendors or service providers, to attempt to verify such information, which verification may include, without limitation, conducting criminal background checks and sex offender registry checks. You consent to any collection, use or disclosure in order to accomplish such verification.

Privacy – Please review our Privacy Policy at www.CatylystOne.com to understand our practices regarding privacy.

Electronic Communications – You agree to receive communications from us electronically (via e-mail). You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any and all legal requirements that such communications be in writing.

Mobile Application Specific Terms – You acknowledge and agree that CatylystOne cannot be held responsible for the CatylystOne mobile application (“App”) not working at full functionality if You do not have access to Wi-Fi or You do not have a sufficient amount of data allowance on Your phone.  If You are using the App outside of an area with Wi-Fi, you should remember that Your terms of agreement with Your mobile network provider will still apply. As a result, You may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App, or other third party charges. In using the App, You are accepting responsibility for any such charges, including roaming data charges. If You are not the bill payer for the device on which You are using the App, please be aware that we assume that You have received permission from the bill payer to use the App.

Copyright & Trademarks – The Site, the Services, and the content therein are intended for your personal use. Unless otherwise noted, all content on the Site and in the Services, including text, graphics, logos, button icons, images, audio clips, software, and code (the “Copyrighted Content”), is the property of CatylystOne and is protected by United States and international copyright laws. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, trade names, service marks or logos (the “Marks”) of CatylystOne or other entities. You are not authorized to use any such Marks. Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by these Terms and Conditions. Ownership of all such Marks and Copyrighted Content and the goodwill associated therewith remains with us or those other entities. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Copyrighted Content or the Marks. Downloading or copying Site content for other than personal, noncommercial use is expressly prohibited without the prior written permission of us or any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or copying any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Site or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.

You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission of your content in using the Services or on the Site. All rights not expressly granted herein are reserved.2017 © CatylystOne.

User Content – Unless indicated otherwise, when you post content or submit material on our Site or using our Services (“Content”), you grant CatylystOne a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You also grant CatylystOne and its sub-licensees the right, but not the obligation, to use the name that you submit with such Content. You agree not to revise Content posted by others, and You represent and warrant that you own or control the Content, it is accurate and that You will not post or use any Content in any manner that:

    • Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
    • Violates the privacy, publicity, or other rights of third parties, including other Members;
    • Violates any law, statute, ordinance or regulation, including laws regarding anti-discrimination and false advertising;
    • Is false or inaccurate or becomes false or inaccurate at any time;
    • Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
    • Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
    • Misrepresents Your identity in any way;
    • Contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
    • Contains any advertising or solicitation for anything other than home care services and products offered through the Site;
    • Advocates or encourages any illegal activity; or
    • Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.

 

Though we strive to enforce these rules with all of our Members, and our other customers, You may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You access the Site and Services at Your own risk. We may, but are not obligated to, delete Accounts and/or remove Content from the Site if we determine or suspect that those Accounts or Content violate the terms of these Terms and Conditions or the applicable agreement with the offending Member(s). We take no responsibility for Your exposure to Content on the Site or through the Services whether it violates our content policies or not. You agree to indemnify CatylystOne for any and all claims resulting from content that You submit or post on our Site or through our Services or that is submitted or posted by another through your Account or using Your Account Credentials. You agree that CatylystOne has the right, but not the obligation, to monitor, edit, and/or remove any activity or content from the Site or the Services. CatylystOne shall have no responsibility and assumes no liability for any content posted by you or anyone else on the Site or through the Services.

General Rules of User Conduct – You agree not to, and represent and warrant that You will not, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Site or Services or access to the Site or Services for any purposes other than that for which the Site or Services are being provided to You, or do any of the following:

    • If you are using a mobile application, install the Xyppr application on a phone that you jailbreak or root, which is the process of removing software restrictions and limitations imposed by the official operating system of your device;
    • Recruit, solicit or contact any Member for employment or contracting for a business not affiliated with CatylystOne;
    • Contact other Members for any purpose other than as set forth in this Terms and Conditions;
    • Harass, intimidate or otherwise engage in illegal or offensive behavior with respect to any other Member;
    • Conduct or promote any illegal or unethical activities while using the Site or Services;
    • Upload, distribute or print anything that may be harmful to minors;
    • Attempt to reverse engineer or jeopardize the correct functioning of the Site or any applicable Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site or any applicable Services;
    • Attempt to gain access to secured portions of the Site or Services to which You do not possess access rights;
    • Upload or transmit any form of virus, worm, Trojan horse, or other malicious code or other similar harmful or deleterious programming routines;
    • Use the Site or Services to generate unsolicited email advertisements or spam;
    • Allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
    • Use the Site or Services to stalk, harass or harm another individual;
    • Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
    • Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey or violate any requirements, procedures, policies or regulations of networks connected to the Site or Services;
    • Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
    • Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or
    • Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.

 

Product Descriptions and Prices – We attempt to describe products and Services featured on the Site as accurately as possible. However, we do not warrant that product and Service descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. In the event a product or Service is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product or Service information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products and Services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to Your credit card account in the amount of the charge. We apologize for any inconvenience this may cause You.

Text Messages – CatylystOne may send Members SMS text messages in connection with the Services or otherwise. Receipt of the SMS text messages from CatylystOne is voluntary. By receiving SMS text messages from CatylystOne, You give CatylystOne express permission to send SMS text messages to Your cellular phone and/or mobile device. Additionally, You do hereby represent, understand and expressly agree that CatylystOne does not have control over or assume any responsibility for the quality, accuracy, or reliability of this Service. Carrier charges may apply for receiving SMS text messages and for data usage. You are solely responsible for any costs You incur when receiving SMS text messages from CatylystOne.

Copyright Infringement Claims – If You believe that any material or content posted on the Site or anywhere in the Services constitutes copyright infringement, please contact us at support@CatylystOne.com. (This notice is issued pursuant to the Online Copyright Infringement Liability Limitation Act.)

Protecting Children – This Site is not directed toward children under the age of 13, and we do not knowingly collect any personal information from children under the age of thirteen. If you are between the ages of 13 and 18, please ensure that you use this Site with the permission of a parent or guardian. If a child under thirteen provided this Site with personal information, we ask that a parent or guardian contact us at support@CatylystOne.com.

Reliance on Information Posted – The information presented on or through the Site or Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or through the Services, or by anyone who may be informed of any of its contents.

This Site or the Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by CatylystOne, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of CatylystOne. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We may update the content on the Site or the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site or the Services may be out of date at any given time, and we are under no obligation to update such material.

Links to Third-Party Sites – The Site or Services may contain links to web sites operated and maintained by third parties, over which we have no control. Their privacy policy and terms and conditions may be different from our Privacy Policy and Terms and Conditions. Be advised that You access such linked sites at Your own risk. You should always read the privacy policy of a linked site before disclosing any personal information on it.

Suspension/Termination – You agree that we, in our sole discretion, may immediately suspend or terminate Your access to the Site and Services at any time, for any reason, without notice or refund. YOU AGREE THAT CatylystOne WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR YOUR CONTENT. SUSPENSION OR TERMINATION OF YOUR ACCOUNT WILL IN NO WAY MODIFY, CHANGE OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE SITE OR ANY SERVICES, WHETHER SUCH OBLIGATION IS TO CatylystOne OR A THIRD PARTY.

Disclaimer of Warranties – YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, ANY SERVICES and any Products sold on the Site or through the Services ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CatylystOne NOR ANY PERSON ASSOCIATED WITH CatylystOne MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE or Services. WITHOUT LIMITING THE FOREGOING, NEITHER CatylystOne NOR ANYONE ASSOCIATED WITH CatylystOne REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, the Services, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability –YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO the Products sold on the Site or through the Services and YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR SERVICE PROVIDERS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT OR SERVICE PROVIDER SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY MEMBER. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN THE AGGREGATE, TO FIFTY DOLLARS (U.S. $50.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be limited to the minimum permitted under such applicable law.

Indemnification – You agree to indemnify, defend and hold harmless CatylystOne, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (a) any of Your Content and/or information that You submit, post or transmit through the Site or Services, (b) Your use of the Site or Services, (c) Your violation of these Terms and Conditions, (d) Your violation of any rights of any other person or entity or (e) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by You into the Site or Services.

Applicable Law – You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding Your use of the Site and Services and your purchase of products or Services through our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware of any potential or suspected violation of these Terms and Conditions or of our Privacy Policy we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend access or services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Agreement could be subject to criminal or civil penalties. The Terms and Conditions and the relationship between You and CatylystOne shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions.

The failure of CatylystOne to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action by You arising out of or related to use of this Site, the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Notice – We may give notice to You by email, a posting on the Site, or other reasonable means. You must give notice to us in writing at 3513 Brighton Blvd. Suite 43, Denver, CO 80216

© 2017 CatylystOne