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WEBSITE SERVICE AGREEMENT/TERMS OF USE
1. ACCEPTANCE OF TERMS
The services that Catalyst PDG, Inc. provides to User is subject to the following Terms of Use ("TOU"). Catalyst PDG, Inc. reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.
A. This Agreement, which incorporates by reference other provisions applicable to use of www.catalystpdg.com, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in www.catalystpdg.com, sets forth the terms and conditions that apply to use of www.catalystpdg.com by User. By using Catalyst PDG, Inc. (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use www.catalystpdg.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
B. Catalyst PDG, Inc. shall have the right at any time to change or discontinue any aspect or feature of www.catalystpdg.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
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2. CHANGED TERMS
Catalyst PDG, Inc. shall have the right at any time to change or modify
the terms and conditions applicable to User's use of
www.catalystpdg.com, or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use. Such
changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including,
but not limited to, posting on www.catalystpdg.com, or by electronic or
conventional mail, or by any other means by which User obtains notice
thereof. Any use of www.catalystpdg.com by User after such notice shall
be deemed to constitute acceptance by User of such changes,
modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, Catalyst PDG, Inc. provides User with access
to a variety of resources, including download areas, communication
forums and product information (collectively "Services"). The Services,
including any updates, enhancements, new features, and/or the addition
of any new Web properties, are subject to the TOU.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone,
computer hardware, software and other equipment needed for access to
and use of www.catalystpdg.com and all charges related thereto.
5. USER CONDUCT
A. User shall use www.catalystpdg.com for lawful purposes only. User
shall not post or transmit through www.catalystpdg.com any material
which violates or infringes in any way upon the rights of others, which
is unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any law, or which, without
Catalyst PDG, Inc. 's express prior approval, contains advertising or
any solicitation with respect to products or services. Any conduct by a
User that in Catalyst PDG, Inc. 's discretion restricts or inhibits any
other User from using or enjoying www.catalystpdg.com will not be
permitted. User shall not use www.catalystpdg.com to advertise or
perform any commercial solicitation, including, but not limited to, the
solicitation of users to become subscribers of other on-line
information services competitive with Catalyst PDG, Inc. .
B. www.catalystpdg.com contains copyrighted material, trademarks and
other proprietary information, including, but not limited to, text,
software, photos, video, graphics, music and sound, and the entire
contents of www.catalystpdg.com are copyrighted as a collective work
under the United States of America copyright laws. Catalyst PDG, Inc.
owns a copyright in the selection, coordination, arrangement and
enhancement of such content, as well as in the content original to it.
User may not modify, publish, transmit, participate in the transfer or
sale, create derivative works, or in any way exploit, any of the
content, in whole or in part. User may download copyrighted material
for User's personal use only. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will be
permitted without the express permission of Catalyst PDG, Inc. and the
copyright owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion of
author attribution, trademark legend or copyright notice shall be made.
User acknowledges that it does not acquire any ownership rights by
downloading copyrighted material.
C. User shall not upload, post or otherwise make available on
www.catalystpdg.com any material protected by copyright, trademark or
other proprietary right without the express permission of the owner of
the copyright, trademark or other proprietary right and the burden of
determining that any material is not protected by copyright rests with
User. User shall be solely liable for any damage resulting from any
infringement of copyrights, proprietary rights, or any other harm
resulting from such a submission. By submitting material to any public
area of www.catalystpdg.com, User automatically grants, or warrants
that the owner of such material has expressly granted Catalyst PDG,
Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate and
distribute such material (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media or technology now
known or hereafter developed for the full term of any copyright that
may exist in such material. User also permits any other User to access,
view, store or reproduce the material for that User's personal use.
User hereby grants Catalyst PDG, Inc. the right to edit, copy, publish
and distribute any material made available on www.catalystpdg.com by
User.
D. The foregoing provisions of Section 5 are for the benefit of
Catalyst PDG, Inc., its subsidiaries, affiliates and its third party
content providers and licensors and each shall have the right to assert
and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
The Services may contain email services, bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars,
photo albums, file cabinets and/or other message or communication
facilities designed to enable User to communicate with others (each a
"Communication Service" and collectively "Communication Services").
User agrees to use the Communication Services only to post, send and
receive messages and material that are proper and, when applicable,
related to the particular Communication Service. By way of example, and
not as a limitation, User agrees that when using the Communication
Services, User will not:
- Use the Communication Services in connection with surveys,
contests, pyramid schemes, chain letters, junk email, spamming or any
duplicative or unsolicited messages (commercial or otherwise).
- Defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
- Publish,
post, upload, distribute or disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic, name, material or
information.
- Upload, or otherwise make available, files
that contain images, photographs, software or other material protected
by intellectual property laws, including, by way of example, and not as
limitation, copyright or trademark laws (or by rights of privacy or
publicity) unless User own or control the rights thereto or have
received all necessary consent to do the same.
- Use any
material or information, including images or photographs, which are
made available through the Services in any manner that infringes any
copyright, trademark, patent, trade secret, or other proprietary right
of any party.
- Upload files that contain viruses, Trojan
horses, worms, time bombs, cancelbots, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer or property of another.
- Advertise or offer to
sell or buy any goods or services for any business purpose, unless such
Communication Services specifically allows such messages.
- Download
any file posted by another user of a Communication Service that User
know, or reasonably should know, cannot be legally reproduced,
displayed, performed, and/or distributed in such manner.
- Falsify
or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material
contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use,
download or otherwise copy, or provide (whether or not for a fee) to a
person or entity any directory of users of the Services or other user
or usage information or any portion thereof.
Catalyst PDG, Inc. has no obligation to monitor the Communication
Services. However, Catalyst PDG, Inc. reserves the right to review
materials posted to the Communication Services and to remove any
materials in its sole discretion. Catalyst PDG, Inc. reserves the right
to terminate User’s access to any or all of the Communication Services
at any time, without notice, for any reason whatsoever. Catalyst PDG,
Inc. reserves the right at all times to disclose any information as it
deems necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in Catalyst
PDG, Inc.'s sole discretion.
Materials uploaded to the Communication Services may be subject to
posted limitations on usage, reproduction and/or dissemination; User is
responsible for adhering to such limitations if User downloads the
materials.
Always use caution when giving out any personally identifiable
information in any Communication Services. Catalyst PDG, Inc. does not
control or endorse the content, messages or information found in any
Communication Services and, therefore, Catalyst PDG, Inc. specifically
disclaims any liability with regard to the Communication Services and
any actions resulting from User’s participation in any Communication
Services. Managers and hosts are not authorized Catalyst PDG, Inc.
spokespersons, and their views do not necessarily reflect those of
Catalyst PDG, Inc..
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must
complete the registration process by providing Catalyst PDG, Inc. with
current, complete and accurate information as prompted by the
applicable registration form. User also will choose a password and a
user name. User is entirely responsible for maintaining the
confidentiality of User’s password and account. Furthermore, User is
entirely responsible for any and all activities that occur under User’s
account. User agrees to notify Catalyst PDG, Inc. immediately of any
unauthorized use of User’s account or any other breach of security.
Catalyst PDG, Inc. will not be liable for any loss that User may incur
as a result of someone else using User’s password or account, either
with or without User’s knowledge. However, User could be held liable
for losses incurred by Catalyst PDG, Inc. or another party due to
someone else using User’s account or password. User may not use anyone
else's account at any time, without the permission of the account
holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the Services
("Software") is the copyrighted work of Catalyst PDG, Inc. and/or its
suppliers. Use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included with the
Software ("License Agreement"). An end user will be unable to install
any Software that is accompanied by or includes a License Agreement,
unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users
according to the License Agreement. Any reproduction or redistribution
of the Software not in accordance with the License Agreement is
expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent
possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN
THE LICENSE AGREEMENT, Catalyst PDG, Inc. HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED
OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, Catalyst PDG, Inc. MAY MAKE AVAILABLE AS PART OF
THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE
AND/OR DOWNLOAD. Catalyst PDG, Inc. DOES NOT MAKE ANY ASSURANCES WITH
REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH
USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE
AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted, provided that (1)
the below copyright notice appears in all copies and that both the
copyright notice and this permission notice appear, (2) use of such
Documents from the Services is for informational and non-commercial or
personal use only and will not be copied or posted on any network
computer or broadcast in any media, and (3) no modifications of any
Documents are made. Accredited educational institutions, such as
universities, private/public colleges, and state community colleges,
may download and reproduce the Documents for distribution in the
classroom. Distribution outside the classroom requires express written
permission. Use for any other purpose is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
Catalyst PDG, Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES
FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. Catalyst PDG, Inc. AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL
Catalyst PDG, Inc. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM
THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. Catalyst PDG, Inc. AND/OR
ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL Catalyst PDG, Inc. AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE,
DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION
AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO Catalyst PDG, Inc. OR POSTED AT ANY OF ITS WEBSITES
Catalyst PDG, Inc. does not claim ownership of the materials User
provide to Catalyst PDG, Inc. (including feedback and suggestions) or
post, upload, input or submit to any Services or its associated
services for review by the general public, or by the members of any
public or private community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting ("Posting") User’s Submission User is granting Catalyst PDG,
Inc., its affiliated companies and necessary sublicensees permission to
use User’s Submission in connection with the operation of their
Internet businesses (including, without limitation, all Catalyst PDG,
Inc. Services), including, without limitation, the license rights to:
copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat User’s Submission; to publish
User’s name in connection with User’s Submission; and the right to
sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s
Submission, as provided herein. Catalyst PDG, Inc. is under no
obligation to post or use any Submission User may provide and Catalyst
PDG, Inc. may remove any Submission at any time in its sole discretion.
By Posting a Submission User warrants and represents to own or
otherwise control all of the rights to User’s Submission as described
in these Terms of Use including, without limitation, all the rights
necessary for User to provide, post, upload, input or submit the
Submissions.
In addition to the warranty and representation set forth above, by
Posting a Submission that contain images, photographs, pictures or that
are otherwise graphical in whole or in part ("Images"), User warrant
and represent that (a) User is the copyright owner of such Images, or
that the copyright owner of such Images has granted User permission to
use such Images or any content and/or images contained in such Images
consistent with the manner and purpose of User’s use and as otherwise
permitted by these Terms of Use and the Services, (b) User have the
rights necessary to grant the licenses and sublicenses described in
these Terms of Use, and (c) that each person depicted in such Images,
if any, has provided consent to the use of the Images as set forth in
these Terms of Use, including, by way of example, and not as a
limitation, the distribution, public display and reproduction of such
Images. By Posting Images, User is granting (a) to all members of
User’s private community (for each such Images available to members of
such private community), and/or (b) to the general public (for each
such Images available anywhere on the Services, other than a private
community), permission to use User’s Images in connection with the use,
as permitted by these Terms of Use, of any of the Services, (including,
by way of example, and not as a limitation, making prints and gift
items which include such Images), and including, without limitation, a
non-exclusive, world-wide, royalty-free license to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat User’s Images without having User’s name
attached to such Images, and the right to sublicense such rights to any
supplier of the Services. The licenses granted in the preceding
sentences for a Images will terminate at the time User completely
remove such Images from the Services, provided that, such termination
shall not affect any licenses granted in connection with such Images
prior to the time User completely remove such Images. No compensation
will be paid with respect to the use of User’s Images.
12. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF www.catalystpdg.com IS AT
USER'S SOLE RISK. NEITHER Catalyst PDG, Inc., ITS AFFILIATES NOR ANY OF
THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT www.catalystpdg.com WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF www.catalystpdg.com, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH www.catalystpdg.com.
B. www.catalystpdg.com IS PROVIDED 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, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER
SPECIFICALLY ACKNOWLEDGES THAT Catalyst PDG, Inc. IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH USER.
D. IN NO EVENT WILL Catalyst PDG, Inc., OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING www.catalystpdg.com OR
THE Catalyst PDG, Inc. SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE www.catalystpdg.com. USER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, Catalyst PDG,
Inc., NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN
www.catalystpdg.com, OR FOR ANY DELAY OR INTERRUPTION IN THE
TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE
LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO
CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY
PRICING OR OTHER INFORMATION. Catalyst PDG, Inc., ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR
INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER,
Catalyst PDG, Inc., NOR ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE,
ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE
NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE
INFORMATION.
G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE
OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE
CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT,
EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS,
ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE
FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK
FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING
PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY
AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A
MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS
AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL
PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS
AGREEMENT.
13. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE Catalyst PDG, Inc.'S SITE.
THE LINKED SITES ARE NOT UNDER THE CONTROL OF Catalyst PDG, Inc. AND
Catalyst PDG, Inc. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED
SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES
TO SUCH SITES. Catalyst PDG, Inc. IS NOT RESPONSIBLE FOR WEBCASTING OR
ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. Catalyst
PDG, Inc. IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND
THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Catalyst PDG,
Inc. OF THE SITE.
Catalyst PDG, Inc. is a distributor (and not a publisher) of content
supplied by third parties and Users. Accordingly, Catalyst PDG, Inc.
has no more editorial control over such content than does a public
library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made
available by third parties, including information providers, Users or
any other user of www.catalystpdg.com, are those of the respective
author(s) or distributor(s) and not of Catalyst PDG, Inc.. Neither
Catalyst PDG, Inc. nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content,
nor its merchantability or fitness for any particular purpose.
In many instances, the content available through www.catalystpdg.com
represents the opinions and judgments of the respective information
provider, User, or other user not under contract with Catalyst PDG,
Inc.. Catalyst PDG, Inc. neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice or statement made on
www.catalystpdg.com by anyone other than authorized Catalyst PDG, Inc.
employee spokespersons while acting in their official capacities. Under
no circumstances will Catalyst PDG, Inc. be liable for any loss or
damage caused by a User's reliance on information obtained through
www.catalystpdg.com. It is the responsibility of User to evaluate the
accuracy, completeness or usefulness of any information, opinion,
advice or other content available through Catalyst PDG, Inc.. Please
seek the advice of professionals, as appropriate, regarding the
evaluation of any specific information, opinion, advice or other
content.
14. UNSOLICITED IDEA SUBMISSION POLICY
Catalyst PDG, Inc. OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW
PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS,
MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL
CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF
THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN
Catalyst PDG, Inc.'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO Catalyst PDG, Inc.. SO, PLEASE DO NOT
SEND YOUR UNSOLICITED IDEAS TO Catalyst PDG, Inc. OR ANYONE AT Catalyst
PDG, Inc.. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND
MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT Catalyst PDG,
Inc. MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED
AS CONFIDENTIAL OR PROPRIETARY.
15. MONITORING
Catalyst PDG, Inc. shall have the right, but not the obligation, to
monitor the content of www.catalystpdg.com, including chat rooms and
forums, to determine compliance with this Agreement and any operating
rules established by Catalyst PDG, Inc. and to satisfy any law,
regulation or authorized government request. Catalyst PDG, Inc. shall
have the right in its sole discretion to edit, refuse to post or remove
any material submitted to or posted on www.catalystpdg.com. Without
limiting the foregoing, Catalyst PDG, Inc. shall have the right to
remove any material that Catalyst PDG, Inc., in its sole discretion,
finds to be in violation of the provisions hereof or otherwise
objectionable.
16. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless Catalyst PDG, Inc.,
its affiliates and their respective directors, officers, employees and
agents from and against all claims and expenses, including attorneys'
fees, arising out of the use of Catalyst PDG, Inc. by User or User's
Account.
17. TERMINATION
Either Catalyst PDG, Inc. or User may terminate this Agreement at any
time. Without limiting the foregoing, Catalyst PDG, Inc. shall have the
right to immediately terminate User's Account in the event of any
conduct by User which Catalyst PDG, Inc., in its sole discretion,
considers to be unacceptable, or in the event of any breach by User of
this Agreement.
18. MISCELLANEOUS
This Agreement and any operating rules for www.catalystpdg.com
established by Catalyst PDG, Inc. constitute the entire agreement of
the parties with respect to the subject matter hereof, and supersede
all previous written or oral agreements between the parties with
respect to such subject matter. This Agreement shall be construed in
accordance with the laws of the [STATE/PROVINCE, COUNTRY], without
regard to its conflict of laws rules. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section headings used
herein are for convenience only and shall not be given any legal
import.
19. COPYRIGHT NOTICE
Catalyst PDG, Inc. its logos are trademarks of Catalyst PDG, Inc.
Ltd. All rights reserved. All other trademarks appearing on Catalyst
PDG, Inc. are the property of their respective owners.
20. TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners. The example companies,
organizations, products, domain names, email addresses, logos, people
and events depicted herein are fictitious. No association with any real
company, organization, product, domain name, email address, logo,
person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
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