These terms and conditions of use (these “Terms of Use”) apply to the use of the WeTip Services (the “Services”) provided Diverse Network Associates, Inc., a California corporation (d/b/a CatapultK12) (the “Company”). These Terms of Use may be amended from time to time without prior notice. By your use of the Services, you also agree to the Company’s Privacy Policy available at https://www.catapultems.com/
Home/Privacy, which is incorporate herein by reference.
- THE SERVICES AND THE APPLICATION
The Services are accessed through a website or application provided by the Company (together, the “Application”). The Application is provided to collect and transmit reports (“Reports”) of instances of inappropriate conduct of any kind. You are responsible for all use of the Application by your employees, contractors or other personnel.
The Application serves only as a tool to provide the Services. The ability to effectively use the Services will depend on technical and operational factors that are not within the Company’s control and for which the Company has no responsibility and bears no liability. Such factors include, without limitation, the availability and quality of third-party network services, Internet connectivity, and the quality and features of any equipment, such as mobile phones or tablets, which you employ to access and use the Services.
The Company reserves the right to cooperate fully with any law enforcement authorities or court orders requesting or directing Company to disclose the identity of anyone using the Application or to enforce these Terms of Use.
- LIMITED LICENSE; RESTRICTIONS ON USE
The Company grants you a personal, limited, non-exclusive, non-transferable license to access and use the Application and the materials and content provided by the Company in or through the Application (collectively, “Content”). You agree that you will not, and will not allow any third party to:
(i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application;
(ii) take any action to circumvent or defeat the security or Content usage rules provided, deployed or enforced by any functionality contained in the Application;
(iii) remove, obscure, or alter the Company’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
(iv) use the Application to access, copy, transfer, transcode or re-transmit any Content in violation of any law or third party rights, or other than as expressly permitted under these Terms of Use;
(v) use the Application to create false reports about a person, disseminate false information, make defamatory statements or otherwise harass or violate the rights of any person;
(vi) use the Application to transmit any sexually explicit images, except as necessary to record your report of inappropriate conduct; or
(vii) use the Application for any purpose other than its intended, legitimate purpose.
- TERMINATION OR RESTRICTION OF ACCESS
The Company may terminate your right to access or use the Application, without any refund obligation or other liability, if you fail to comply with these Terms of Use. Your right to access and use the Application is effective until terminated by you or the Company. Upon termination, you shall cease using the Application in its entirety.
- INTELLECTUAL PROPERTY RIGHTS
The Application is owned by the Company. The Application is protected by copyright and other intellectual property laws, and all intellectual property rights in and to the Application, including, without limitation, the Company logo, and all related trademarks, service marks or other designations of origin used in or in connection with the Application (collectively, “Trademarks”), are the property of the Company or its licensors. Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of the Company.
- DISCLAIMERS
The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action on your behalf except as expressly stated herein. The Company does not guarantee the authenticity of any data or information provided to the Application. You release the Company from all liability for your having acquired or not acquired Content through the Application. The Application may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on or obtained through, the Application.
THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE APPLICATION. The Company will not be liable for the privacy of email addresses, registration and identification information, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Application.
THE COMPANY DOES NOT PERFORM THREAT ASSESSMENTS OF ANY KIND. IT ACTS ONLY IN ACCORDANCE WITH INSTRUCTIONS PROVIDED BY YOU. THE COMPANY DOES NOT WARRANT THAT USE OF THE APPLICATION WILL PREVENT INAPPROPRIATE CONDUCT. THE APPLICATION ONLY PROVIDES A TECHNICAL TOOL TO REPORT AND MANAGE INAPPROPRIATE CONDUCT.
USE OF THE APPLICATION AND CONTENT IS AT YOUR OWN RISK. THE APPLICATION AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT:
(I) USE OF THE APPLICATION WILL MEET A YOUR REQUIREMENTS;
(II) USE OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; OR (III) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE APPLICATION WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL.
- LIMITATION OF LIABILITY OF THE COMPANY AND ITS LICENSORS
IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR THIRD PARTY VENDORS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE APPLICATION OR CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY SUCH DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DEATH, LOST PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE OF GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF INFORMATION, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE APPLICATION, CONTENT OR RELATED SERVICES, WHETHER OR NOT NEGLIGENT ACTS ARE COMMITTED BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR THIRD PARTY VENDORS EXCEED THE GREATER OF $1,000 OR THE AMOUNT PAID BY YOU WITHIN THE SIX (6) MONTHS PRECEDING THE EVENT ALLEGEDLY GIVING RISE TO LIABILITY.
- INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company and its directors, officers, employees, agents, contractors and third party vendors (collectively, “Indemnified Parties”), from any loss, claim, liability, damage, judgment, award, cost or expense (including attorneys’ fees) of any kind incurred or sustained by them in any action, suit, claim or proceeding of any kind brought by any person or private, public or governmental entity or agency, related to or arising or resulting from your use of the Application or any violation by you of these Terms of Use.
- PERSONAL INFORMATION, PRIVACY AND SECURITY
Your use of the Application, as well as the Company’s use of any personal information you may decide to submit to the Company (including any de-identified data based on your personal information and that of other users), shall be subject to, and governed by, the Company’s Privacy Policy. A copy of the Company’s Privacy Policy available at https://www.catapultems.com/
The Company reserves the right to cooperate fully with any law enforcement authorities or court orders requesting or directing the Company to disclose the identity of anyone using the Application. You waive and hold harmless the Company from any claim resulting from any action taken by the Company during or as a result of any investigation or action taken in connection with any investigation.
- MISCELLANEOUS
These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of California, without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and the Company with respect to the Application, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Application must be commenced within six (6) months after the claim or cause of action arises or else such claim or cause of action is barred.
Any dispute, claim, or controversy arising out of or relating to a breach of the these Terms of Use, or termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Fresno County, California before one (1) arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the foregoing with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
No class actions or similar process, and no joinder or consolidation of any claim with a claim of any other person or entity, shall be allowable in arbitration, without the written consent of all users involved and the Company. The arbitrator shall have no authority to entertain any claim on behalf of a class, group, person, or entity who is not a named party to the arbitration, nor shall any arbitrator have authority to make any award for the benefit of, or against, any class, group, person, or entity who is not a named party to the arbitration. In the event that there is a dispute about whether limiting arbitration to non-class proceedings, or to the named parties, is enforceable under applicable law, then that question shall be resolved by a court rather than by an arbitrator; and to the extent it is determined that resolution of a claim must proceed on a class basis, it shall so proceed in a court of competent jurisdiction rather than in arbitration.
ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR THE COMPANY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, YOU AND THE COMPANY WILL NOT HAVE THE SAME RIGHTS THAT APPLY IN COURT, SUCH AS THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL MAY ALSO BE LIMITED OR ELIMINATED IN ARBITRATION. YOU AND THE COMPANY ACKNOWLEDGE AND ACCEPT ALL SUCH LIMITATIONS.
If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect. The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify these Terms of Use.
Accessing the Services is prohibited from, to, with or through territories where content is illegal. If you access the Services from other locations, it is done at your own risk and you are solely are responsible for compliance with local and host country laws.
