Impact Catalyst Terms Of Use

1. Acceptance Of Terms Of Use

The Impact Catalyst website is provided free of charge to you by Impact Catalyst and its subsidiaries and affiliates (“Impact Catalyst”).

Although portions of the Impact Catalyst website may be viewed simply by visiting the website, in order to join the Impact Catalyst Pledge or the Startup Curation Program, comment, contribute to forums on the website, or access other services, you need to register as a user of the Impact Catalyst website, whether directly on the website or through OpenID. These Terms of Use govern your use of the Impact Catalyst website, including viewing the public pages on the website, or participating in private content, commenting, and contributing to forums.  BY VISITING, USING, AND/OR REGISTERING AND LOGGING IN TO THE IMPACT CATALYST WEBSITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Use, together with the Privacy Policy and any applicable additional Terms of Use posted in connection with a particular service, product, digital product, or other media which are incorporated herein by reference, govern your use of the Impact Catalyst website and all services, products, digital products, and other media provided in connection with the Impact Catalyst website, including but not limited to any service, product, digital product, or other media provided to you by Impact Catalyst.

Impact Catalyst shall not be liable to you for any breach of these Terms of Use.  If you do not agree to these Terms of Use, please do not visit, use, or register with Impact Catalyst. Your continued use of the Impact Catalyst website signifies your acceptance of any change in the terms and conditions set forth herein.  Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Impact Catalyst website, including but not limited to all content, services, products, digital products, tools or other media is hereby expressly prohibited.

2. Registration Information/Privacy Policy

Registration is required to engage in certain activities on the Impact Catalyst website, including, but not limited to, Pledging for the Impact Catalyst Certification Program, commenting, and contributing to forums.

You must be at least 13 years old to register with Impact Catalyst. When you register, you will be required to provide Impact Catalyst with personal information such as your first and last name, e-mail address, city, state, country, and password.

Any information provided by you or gathered by Impact Catalyst during any visit to the Impact Catalyst website shall be subject to the terms of Impact Catalyst’s Privacy Policy, which are incorporated herein by reference. Click here to read Impact Catalyst’s Privacy Policy.

Impact Catalyst reserves the right to terminate your registration and ability to vote or comment on or otherwise contribute to the Impact Catalyst forums if Impact Catalyst learns that you have provided false or misleading registration information.

3. Termination

Impact Catalyst reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Use; and/or (ii) your registration(s) with or ability to vote or comment on or otherwise contribute to the Impact Catalyst forums and/or any other service or specific content provided on the Impact Catalyst website, upon any breach by you of these Terms of Use.

4. Modifications Of These Terms Of Use

Impact Catalyst may modify these Terms of Use from time to time in its sole discretion.  Each time you visit, use, or log on to the Impact Catalyst website, you will be deemed to have accepted any such changes. In the event we modify these Terms of Use, we reserve the right (at Impact Catalyst’s discretion) to provide you notice of such changes to any e-mail address you have provided to Impact Catalyst, if any.  If you do not agree to these changes, please discontinue your use of the Impact Catalyst website and/or arrange to terminate your registration by notifying Impact Catalyst using the contact information provided in Section 8, below.

5. Modifications Of The Impact Catalyst Website

Impact Catalyst may modify or discontinue the Impact Catalyst website, or any portion thereof, or any content, services, digital products, products, tools, or other media related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.

6. Content Of Messages

You alone are responsible for the content of your messages, and any consequences of such messages. Impact Catalyst reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.

Any use by you of any other registered user’s information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain (e.g., mass marketing) is prohibited.  Any such use shall be deemed to be a violation of these Terms of Use. The Impact Catalyst website is to be used by you for your personal use only. Commercial uses of the Impact Catalyst website are strictly prohibited unless prior written consent from Impact Catalyst has been granted. You agree that you will not use the Impact Catalyst website for chain letters, research study or survey solicitations, junk mail, “spamming,” commercial or non-commercial solicitations, or bulk communications of any kind, including, but not limited to, distribution lists to any person who has not given specific permission to be included on such list.

You further agree not to use the Impact Catalyst website to send or post in comments, on forums or message boards, or any place on the Impact Catalyst website, any message or material of any kind or nature that is unlawful, a violation of your obligations to the United States government, harassing, libelous, defamatory, abusive, threatening, harmful, obscene, sexually oriented, racially offensive, inaccurate, or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation, or encourage the use of controlled substances.  For purposes of the immediately preceding sentence, “masked” vulgarity, obscenity, or profanity (e.g., “f*ck”) may be deemed to be equivalent to including the actual objectionable word, phrase, or symbol in your post, message, or otherwise on the Impact Catalyst website. Impact Catalyst reserves the right to delete any such material from the Impact Catalyst website. Impact Catalyst will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate these Terms of Use. Impact Catalyst reserves the right to decide, in its sole discretion, (1) if user-submitted content violates these Terms of Use, and (2) whether to delete or otherwise dispose of any such content.

You agree not to post to or use the Impact Catalyst website to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs, or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

Impact Catalyst monitors all comments, including those posted to the forums, message boards, and comment sections of the website. Impact Catalyst reserves the right to refuse to post any comments for any reason. Impact Catalyst may or may not notify the user that her comment was not posted and may or may not provide a reason.

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Impact Catalyst, its partners, or affiliates. You further agree not to use an inappropriate user name of any kind.

You acknowledge that (i) Impact Catalyst permits access to content that is protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to the Impact Catalyst website, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to Rights. The burden of determining that any information, software, images or any other content on the Impact Catalyst website is not protected by Rights rests with you. You acknowledge that Impact Catalyst may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

By submitting content, which may include your user name, to the forums or message boards, or to the comments section of any pages on the Impact Catalyst website, you grant Impact Catalyst a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights, in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any registered user to access, display, view, store and reproduce such content for personal use.  Subject to the foregoing, the owner of such content placed on the Impact Catalyst website retains any and all Rights that may exist in such content.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, BY SUBMITTING CONTENT TO ANY AREA ON THE IMPACT CATALYST WEBSITE, YOU HEREBY EXPRESSLY PERMIT IMPACT CATALYST TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT ON THE IMPACT CATALYST WEBSITE.

7. Registration And Password

You are responsible for maintaining the confidentiality of your registration information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Impact Catalyst of any unauthorized use of your registration or password.

8. Notification Of Any Possible Copyright Infringement

In the event you believe that material or content published on the Impact Catalyst website may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to Impact Catalyst, 300 Baker Avenue Suite 300 Concord, MA 01742 and send a detailed e-mail message to contact@ImpactCatalyst.org

9. Disclaimer Of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE IMPACT CATALYST WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, TOOLS, PRODUCTS, AND OTHER MEDIA, IS AT YOUR SOLE RISK. THE IMPACT CATALYST WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IMPACT CATALYST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

IMPACT CATALYST MAKES NO WARRANTY THAT THE IMPACT CATALYST WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES IMPACT CATALYST MAKE ANY WARRANTY AS TO THE RESULTS OF SUCH USE OF THE IMPACT CATALYST WEBSITE. IMPACT CATALYST WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE IMPACT CATALYST WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE IMPACT CATALYST WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT IMPACT CATALYST DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE IMPACT CATALYST WEBSITE. IMPACT CATALYST IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OF THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER IMPACT CATALYST NOR ITS REGISTERED USERS, WHILE SUCH REGISTERED USERS ARE CONTRIBUTING TO THE IMPACT CATALYST WEBSITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. IMPACT CATALYST ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

IMPACT CATALYST SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED, OR REFERENCED ON THE IMPACT CATALYST WEBSITE. YOUR PARTICIPATION IN AND CONTRIBUTIONS TO THE IMPACT CATALYST WEBSITE ARE SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE IMPACT CATALYST WEBSITE OR FROM IMPACT CATALYST, ITS EMPLOYEES, CONSULTANTS, AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

IMPACT CATALYST MAKES NO WARRANTY REGARDING ANY PRODUCTS, SERVICES, DIGITAL PRODUCTS, CONTENT, OR TOOLS PURCHASED OR OBTAINED THROUGH THE IMPACT CATALYST WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE IMPACT CATALYST WEBSITE.

IMPACT CATALYST IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE IMPACT CATALYST WEBSITE. IMPACT CATALYST MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH IMPACT CATALYST MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST IMPACT CATALYST WITH RESPECT TO SUCH SITES.

10. Limitation Of Liability

IMPACT CATALYST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE IMPACT CATALYST WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY PRODUCTS, SERVICES, DIGITAL PRODUCTS, AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE IMPACT CATALYST WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES EVEN IF IMPACT CATALYST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

11. Indemnification

You agree to indemnify and hold each of Impact Catalyst, its parents, subsidiaries, affiliates, officers, directors, employees, partners and consultants, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Impact Catalyst website, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

12. Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to its conflicts of laws provisions. By registering for or visiting the Impact Catalyst website, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Suffolk County, Massachusetts.

13. Remedies For Breach Of These Terms By You

In the event that Impact Catalyst determines, in its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the Impact Catalyst website, Impact Catalyst reserves the right to (i) warn you via email (to any email address you have provided to Impact Catalyst) that you have violated these Terms of Use; (ii) delete any or all content provided by you or your agent(s) to the Impact Catalyst website; (iii) discontinue your registration(s) with Impact Catalyst; (iv) discontinue your subscription to any digital product, product, content, tool, or service accessed or obtained through the Impact Catalyst website; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) take any other action which Impact Catalyst deems to be appropriate.

If your registration(s) with or ability to access the Impact Catalyst website, any other Impact Catalyst community, and/or any service, product, content, tool, or digital product provided to you by Impact Catalyst is discontinued due to your violation of any portion of these Terms of Use or for conduct otherwise inappropriate for the community of the Impact Catalyst website, then you agree that you shall not attempt to re-register with or access the Impact Catalyst website, any other Impact Catalyst community, and/or any service, product, content, tool, or digital product provided by Impact Catalyst , through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Impact Catalyst reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i) through (vi) of this provision without any notice or warning to you.

14. Miscellaneous

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

Impact Catalyst may assign its rights and obligations under these Terms of Use and upon such assignment Impact Catalyst may be relieved of any further obligation hereunder.

You represent to Impact Catalyst that you have the authority to register with or visit the Impact Catalyst website according to these Terms of Use. Impact Catalyst does not encourage, solicit, or permit visitors who are known to be under the age of 13 to become a member of or visit the Impact Catalyst website.

These Terms of Use and any Additional Terms (as such terms shall be identified when posted on the Impact Catalyst website) constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of Impact Catalyst, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.

Impact Catalyst reserves the right to terminate free access to the Impact Catalyst website including any or all content, services, digital products, products, or tools with or without notice to you. Impact Catalyst reserves the right (at its sole discretion) to provide you with notice of such change by prominently posting a notice on the Impact Catalyst website and/or sending written notice to you at any e-mail address you have provided to Impact Catalyst.