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Agreement

These Terms of Use (“Terms”) apply to Catalyst’s website (“Site”) located at www.catalyst.org. By using this Site, you indicate that you are at least eighteen years old, and that you agree to the Terms and the Privacy Policy (the Privacy Policy together with the Terms, the “Agreement”). We may revise the Agreement in our sole discretion at any time. Any changes will be effective upon posting on the Site, and you are responsible for reviewing them. Your continued use of the Site after the changes are posted will constitute your acceptance of the revised Agreement. If you have questions about the Agreement, please email us at webmaster@catalyst.org, or contact us at:

Catalyst Inc.
120 Wall Street, 5th Floor
New York, NY 10005
(212) 514-7600

Copyrights and Trademarks

Catalyst owns all copyrights in the text, images, photographs, graphics, user interface, and other content posted on the Site (“Content”) under applicable copyright and other intellectual-property laws. You are authorized to view, download, and print out the Content for your personal or your company’s use as long as you maintain all copyright and other proprietary notices, but you may not make a commercial use of the Content. You may not copy, modify, reproduce, transmit, display, store, distribute, abridge, or otherwise use the Content in any other way without Catalyst’s prior permission. In addition, Catalyst owns all rights in the names, trade names, logos, and designs appearing on the Site (collectively, “Trademarks”). You may not use the Trademarks in any way.

Conduct

You may use the Site only for lawful purposes, in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations in using the Site. You are responsible for, and assume all liability associated with, any material you make available or transmit through the Site, whether through emails or other forums. You may not transmit or otherwise make available through the Site ( i ) any material that violates or infringes in any way the rights of others; that is libelous, slanderous, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful, or otherwise objectionable; or that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, ( ii ) other than as permitted by applicable copyright law, any copyrighted material, or ( iii ) without the express prior written consent of Catalyst, any advertising or any solicitation with respect to products or services. Although Catalyst does not and cannot review every message posted on or transmitted through the Site, Catalyst will be under no obligation to permit any material posted or transmitted to remain on the Site, and Catalyst may, in its sole discretion, remove from, or refuse to display on the Site any material for any reason.

License Granted

Catalyst does not claim ownership of any information or material you send to us by email or otherwise through the Site. However, by your submitting any information through the Site, you grant to Catalyst a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such information anywhere, for any purpose, and in any form, media, or technology now known or later developed. You will be entitled to no compensation for Catalyst’s use of such information. Catalyst is free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose. 

Links to Websites

The Site contains links to other websites. Catalyst has no control over those websites or their content, and thus does not review, operate, or control any of their material, information, products, or services. Please read the terms of use and privacy policies governing such websites before providing your personal information to them. Please direct your questions regarding such websites to their administrators or webmasters. 

Password Security

If your organization is a Member of Catalyst, you can create a password to access Catalyst’s Member Content. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party, other than third parties authorized by you to use your account. You are solely responsible for any use of or action taken under your password. You agree to notify Catalyst immediately of any unauthorized use of your password, or any other security breaches.

Disclaimers

CATALYST PROVIDES THE SITE AND ALL CONTENT ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CATALYST (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES) DOES NOT REPRESENT OR WARRANT THAT ( I ) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREE; ( II ) THE SITE WILL BE ALWAYS AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY OR SECURE; ( III ) CATALYST WILL CORRECT ANY DEFECTS, OR THAT THE SITE WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES,” OR OTHER HARMFUL CODES; ( IV ) THE CONTENT OR ANY INFORMATION OTHERWISE ACCESSIBLE THROUGH THE SITE IS ACCURATE AND RELIABLE; AND ( V ) THE CONTENT OR ANY INFORMATION OTHERWISE ACCESSIBLE THROUGH THE SITE DOES NOT INFRINGE ANY THIRD-PARTY RIGHTS.

CATALYST EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY, AND ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES BASED ON ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER OR NOT ARISING FROM CATALYST’S NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED), AND YOU WAIVE AND RELEASE CATALYST THEREFROM. You acknowledge that YOUR RELIANCE ON any Content OR ANY INFORMATION OTHERWISE ACCESSIBLE THROUGH THE SITE IS AT YOUR OWN risk. 

Limitation of Liability

CATALYST (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES) will not be liable to you for any direct, incidental, consequential, indirect, special or punitive damages arising out of your access, use, or inability to use the site or any linked website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation, or transmission, computer virus, or system failure. 

Indemnification

You agree to indemnify and hold Catalyst (including its officers, directors, employees, agents, and other representatives) harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and expenses) resulting from ( i ) your breach of this Agreement, ( ii ) your misuse of the Site or any of the Content, and ( iii ) your infringement of any of Catalyst’s intellectual-property rights in any Content. 

Termination

You agree that Catalyst may, in its sole discretion at any time, terminate your access to the Member Site, or any portion thereof, without notice, if Catalyst believes that you have breached the terms of this Agreement or your use of the Member Site is in breach of applicable law. 

Choice of Law and Forum

This Agreement will be governed by the laws of the State of New York , excluding its conflict of law rules. You consent and agree to submit to the exclusive jurisdiction and venue of the federal and state courts located in the County of New York, NY, for all disputes arising out of or relating to this Agreement or the use of the Site. 

Miscellaneous

If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, all other provisions will remain in full force and effect. Catalyst’s failure to enforce the performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Catalyst as a result of this Agreement or your use of the Site. No waiver of any provision of the Agreement will be effective unless in writing.

Effective Date: February 1, 2006