User Agreement

User Agreement and Terms of Use

Please read this User Agreement carefully. It contains important contract rights and obligations between you (“User”) and CATC, its suppliers, licensors, and affiliates (“We”, “Us” or “Our”), as well as important limitations on those rights. Your continued use of the Service constitutes Agreement to these terms. 1. CATC consists of services, information and other content provided by Us, Our licensors, Users (a “User” or “you” is defined as one who visits, reads, participates in, or otherwise makes use of the Service), and other third parties. This agreement and any operating rules published over the Service constitute the entire agreement (collectively, the “User Agreement”) between Martin Group and User, with respect to the Service. 2. Upon notice published over the Service, We may modify or supplement this User Agreement and may discontinue or revise any or all other aspects of the Service (including access to support services, publications and other products or services ancillary to the Service) in Our sole discretion and without prior notice. In particular, We specifically reserve the right in Our sole discretion to modify, supplement, delete, discontinue or remove any software, file, publications, information, communication or other content appearing on or transmitted through the Service. User access to or use of the Service on or after notice of such changes are published or displayed over the Service, constitutes your acceptance of such modifications. 3. Subject to the terms of this User Agreement, We grant to User a personal, non-exclusive, nonassignable and nontransferable license to use and display all software included in the Service (“Software”) on any machine(s) of which User is the primary user. Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. Although User may designate family members to use the Service in accordance with the terms of this Agreement, a User may not sublicense, assign or transfer this license or the Software. We may, at Our discretion, revoke the license granted to User. 4. User shall be responsible for all use of the Service accessed through User’s account, as defined by User’s cookie(s), password(s), or authentication certificate(s), and hereby ratifies and guarantees any obligations entered or assumed by others who use the Service through User’s account. User acknowledges that since the Service allows Users and others to distribute content, the Service may contain materials and/or links to materials that some Users or others may find objectionable, despite the prohibitions in Section 8 of this Agreement. As a result, User assumes responsibility for, acknowledges that We have no responsibility for, and agrees to indemnify and hold Us harmless from any loss User may suffer from use of the Service. 5. User expressly agrees that use of the Service is at User’s sole risk. Neither We nor any of the information providers, licensors, suppliers, employees, or agents that provide access to the Service (a) warrant that the Service will be uninterrupted or error free, (b) make any warranty as to the results to be obtained from use of the Service, (c) shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of the Service or inability to use or gain access to the Service or out of any breach of any warranty, or damages related to any virus transmitted or received through use of the Service. THE SERVICE IS DISTRIBUTED 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 OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS USER AGREEMENT. USER AGREES NOT TO HOLD Us RESPONSIBLE FOR ANY SELECTION OF OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHICH We CONTRACT TO OPERATE VARIOUS AREAS ON THE SERVICE). 6. The disclaimer of liability set forth in paragraph 5 above applies, but is not limited to, any losses, 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 information, in any way relating to or arising out of use of the Service or the attempted use thereof or any transactions between Users, whether for breach of contract, tortuous behavior, negligence (whether Ours or otherwise), or any other cause of action. Notwithstanding the foregoing or any other limitations on liability set forth in this Agreement, if a User becomes entitled to any recovery against Us, each User agrees that his/her/its recovery shall be limited to the amount of any fees or payments paid to Us by reason of such User’s use of the Service. 7. Except as expressly permitted in this User Agreement, neither User nor such User’s designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which they receive or access through the Service. 8. User agrees not to upload, post or otherwise publish on or over the Service, and not to seek on or over the Service, any software, file, information, communication or other content which: any other person or entity; defamatory, deceptive, misleading, abusive, profane, pornographic, offensive or inappropriate;

  • violates any law, statute, ordinance or regulation or infringes upon the rights, including intellectual property rights, of
  • under the circumstances and in Our good faith judgment, is, or is likely to be perceived by an intended recipient or target as,
  • is unsuitable for minors (persons under 18 years of age);
  • constitutes a threat to, harassment of, or stalking of another;
  • adversely affects the performance or availability of the Service or Our resources;
  • contains any virus, worm, cancelbot, harmful component or corrupted data; or
  • without Our approval, contains any advertising, promotion or solicitation of goods or services for commercial purposes.

User acknowledges that We will not be required to edit or review for accuracy or appropriateness any content within the Service. 9. We reserve all copyrights and other rights in and to any content available through the Service that is identified as, claimed by Us as, or known by User to be, proprietary to Us. The content on the Service is protected under applicable copyright law, including as a collective work. 10. Each User, and any user of a User’s account, who places or has placed software, a file, information, communication or other content on, in, over or through the accessible areas of the Service grants Us an exclusive, paid-up, perpetual and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use in connection with Our business, such software, files, information, communications and other content, regardless of the medium, technology or form utilized by Us in the exercise of this grant. 11. We may, without obligation, liability or notice, except to the extent prohibited by applicable law, distribute, loan, sell or otherwise share with other persons or entities “Aggregate Information”. Aggregate Information includes information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which does not permit recipients to individually identify any particular User of the Service. The foregoing shall not be construed to limit Our use of other information not addressed in this Section 11. We will be free, in Our reasonable discretion and without notice, to provide User information and records to the courts, law enforcement agencies, or others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten the rights of any person or entity, and to maintain and use internally such information and records. We may also provide online and e-mail communications to Users on matters pertaining to the Service, its features, its sponsors, or its use without compensation to Users, but shall do so reasonably and in good faith. User acknowledges that communications within the Service may be monitored or reviewed for quality control and other reasonable business purposes. User also acknowledges that advertising and promotion may occur on the Service and that User shall not have any claim with respect to any proceeds from such activities. T12. his User Agreement is made in the State of South Dakota, and shall be governed by and construed and interpreted in accordance with the laws of the State of South Dakota. Any cause of action of User or its designated users with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred. Any action hereunder may be brought in the courts of the State of South Dakota, Davison County and the User consents to jurisdiction of the courts of the State of South Dakota for this purpose. 13. User agrees to indemnify and hold Us harmless and Our employees, shareholders, licensors, suppliers, agents, and information providers against all claims, liabilities, damages, costs and expenses, including but not limited to reasonable attorneys fees, arising out of or related to any and all use of User’s account. This includes, without limitation, responsibility for all such consequences of User’s (or that of any user of User’s account) violation of this User Agreement. 14. This User Agreement is for Our benefit of and Our employees, shareholders, licensors, suppliers, agents, and information providers; and each shall have the right to assert and enforce such provisions directly on its/their own behalf. 15. Any Waiver of this User Agreement shall be in writing and signed by the party to be bound. 16. The Service employs security measures consistent with those employed in the on line industry. Please be advised that while such security features diminish the likelihood that information or communications will be compromised or lost, no technology is totally tamper-proof. Accordingly, We advise each User not to communicate highly sensitive personal or business information over the Internet that absolutely cannot be lost. We disclaim responsibility for any such communication and for the unauthorized breach of its system or misuse of confidential data. We also recommend that Users employ security procedures on their own computers and systems to also reduce vulnerability to unauthorized third party access. In the event of tampering, hacking or misuse by any person, We reserve the right to take any and all actions at law or equity appropriate to protect its legal interests. 17. While We collect certain registration information and other Aggregate Information, We understand the importance of protecting the privacy of Our Users. Accordingly, we have adopted and posted our privacy policy on the Service. Such privacy policy is incorporated herein by reference. Each User, by agreeing to the terms hereof, acknowledges that they have read and understood our privacy policy and agree to be bound by the terms thereof. 18. If any provision of this User Agreement is held to be illegal, invalid or otherwise unenforceable, each party agrees that such provision shall be enforced to the maximum permissible and the validity, legality and enforceability of the remaining provisions of this User Agreement shall not in any way be affected or impaired thereby.