By using the catsone.com web site (“Service”), a service of CATS Software, Inc. (“CATS”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
CATS Software, Inc. reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
- When signing up for an account, you must provide your legal full name, full company name (if applicable), a valid e-mail address, and any other information requested in order to complete the signup process. When signing up for a paid account, or upgrading a free account to a paid account, you must provide your legal full name, full company name (if applicable), a valid e-mail address, your correct billing information, and any other information requested in order to complete the signup or upgrade process.
- Accounts registered by “bots” or other automated methods are not permitted.
- An individual user login may only be used by one person – a single user login shared by multiple people is not permitted. You must have a user license (“seat”) and an individual user login for each person using the system.
- You are responsible for maintaining the security of your account and password. CATS Software, Inc. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- Company names displayed on all non-internal publicly rendered web pages (such as your career portal or published lists) visible to the general public must be of your own company or an owned and operated sub-division of your company. A job board is defined as charging third parties for the sole purpose of publicizing jobs to the publicly rendered web pages provided by the Service. It is not permissible to operate the Service as a job board.
- You are responsible for all text, images, video, sound, data and other materials posted and activity that occurs under your account, even when Content is posted by others who are sharing your pages (such text, images, video, sound, data and other materials shall be collectively referred to as the “Content”).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
- You must be 13 years or older to use this Service.
- All copyright and “powered by” notices, images and texts (“notices”) in rendered pages and outgoing emails must be present. The location of the notice on the page may be altered so long as the notice remains clearly visible.
- Violation of any of these agreements will result in the termination of your Account.
- The term for the Service shall commence on the date that access to the Service is activated by CATS Software, Inc., and continue until terminated as provided in these Terms of Service.
Payment, Refunds, Upgrading and Downgrading Terms
- The fee or charge associated with the Service is billed in advance on a monthly basis and is non-refundable (the “Service Fee”). There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.
- You must notify CATS Software, Inc. of any change to your billing information before the next billing cycle.
- The Service Fee is exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only those taxes based on the net income of CATS Software, Inc.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- You hereby authorize CATS Software, Inc. to debit or credit, as applicable, the credit card or debit card you select to pay the Service Fee.
Cancellation and Termination
- You may cancel your account at any time. Cancellation must be done within the Service. Cancellation requests via email will not be accepted.
- Once an account is canceled, CATS Software, Inc. reserves the right to delete any associated data at any time.
- If you cancel the Service before the end of your current paid month, your cancellation will take effect immediately and your credit card will not be charged again; however, no refund or prorate will be issued.
- CATS Software, Inc., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other CATS Software, Inc. service, for any reason at any time.
Modifications to the Service and Prices
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from CATS Software, Inc.. Such notice may be provided at any time by posting the changes to www.catsone.com or via e-mail.
- CATS Software, Inc. reserves the right at any time and from time to time to modify the Service (or any part thereof) with or without notice.
- CATS Software, Inc. shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
- Subject to the provisions of these Terms of Service, CATS Software, Inc. grants to you, and you accept, a non-exclusive, non-transferable, limited license to use the Service. Except for the license granted in this section 2, User acknowledges that it acquires no other rights to the Service and that all right, title and interest in and to the Service shall remain with CATS Software, Inc. and its licensors.
- You hereby grant CATS Software, Inc. a royalty-free, worldwide license to use, display and publish the Content solely for the purposes of providing the Service. Except for the rights expressly provided in this section 3, nothing contained herein will give CATS Software, Inc. any right, title, or interest in or to the Content. You acknowledge that CATS Software, Inc. may compile certain general information related to your use of the Service. You agree that CATS Software, Inc. is authorized to use, reproduce and generally make such information available to third parties in the aggregate, provided that your information shall not include personally identifiable information about those that use the Service or be attributable to you. CATS Software, Inc. shall have the right to list and name you as a customer of the Service, including the limited right to use your corporate logo, subject to your written guidelines on such use.
- You, not CATS Software, Inc., shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Content. You represent and warrant to CATS Software, Inc. that (a) Content is original to you or that the you have secured the rights to provide and use such Content; (b) Content does not contain any material that is unlawful, threatening, harassing, profane, tortuous, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity; (c) Content does not contain a virus or other harmful component; and (d) the provision of the Content to CATS Software, Inc. and CATS Software, Inc.’s use of the Content pursuant to this Agreement shall not violate any law, regulation or rule including, but limited to, the EU Data Protection Directive 95/46/EC.
- You must not modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service, CATS Software, Inc., or any other CATS Software, Inc. service.
- You agree not to reproduce, duplicate, copy, sell, resell, make derivative works based on, decompile, disassemble, reverse engineer, translate or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by CATS Software, Inc.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, or otherwise objectionable or violates these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any CATS Software, Inc. customer, employee, or agent will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not post or transmit unsolicited e-mail or “spam” messages using the Service.
- You must not post or transmit any worms, viruses, or any program of a destructive nature using the Service.
- CATS Software, Inc. does not warrant that
- the service will meet your specific requirements,
- the service will be uninterrupted, timely, secure, or error-free,
- the results that may be obtained from the use of the service will be accurate or reliable,
- the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or
- any errors in the Service will be corrected.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT CATS SOFTWARE, INC. SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CATS SOFTWARE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
- The failure of CATS Software, Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and CATS Software, Inc. and govern your use of the Service, superseding any prior agreements between you and CATS Software, Inc. (including, but not limited to, any prior versions of the Terms of Service). The following provisions of these General Conditions shall survive termination or expiration of the agreement created by these Terms of Service: 3, 5, 6, 13, 15, 17, and 18.
- Nothing in these Terms of Service shall be construed to create a partnership or joint venture. This Agreement shall be governed by the laws of the State of Minnesota, excluding its choice of law rules and the United Nations Convention on Contracts for the Sale of Goods. The exclusive venue for all disputes under these Terms of Service shall be the state or federal courts in Hennepin County, Minnesota. The Service is provided by CATS from its offices within the State of Minnesota, United States of America. CATS makes no representation that the Service (or your use of the Service) is appropriate for use in other locations. You who are accessing the Service from other locations do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- The agreement created pursuant to these Terms of Service is personal to you and you may not assign your rights, duties, or obligations to any person or entity without the prior written permission of CATS Software, Inc. However, CATS Software, Inc. may assign the agreement created pursuant to these Terms of Service in whole or in part, without your consent in the case of a merger, acquisition, divestiture, consolidation, or corporate reorganization (whether or not CATS Software, Inc. is the surviving entity).
- CATS Software, Inc. may give notice by written communication sent by first class mail or pre-paid post to your address on record in CATS Software, Inc. account information. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post). User may give notice to CATS Software, Inc. (such notice shall be deemed given when received by CATS Software, Inc.) by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to CATS Software, Inc. at the following address: 706 2nd Ave S, Suite 950, Minneapolis, MN 55402.
- You shall indemnify and hold CATS Software, Inc. and its officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with your breach of Sections 4, 5, 6, and 11 of the above General Conditions; provided that CATS Software, Inc. (i) gives you prompt written notice of the claim; (ii) gives you control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless it unconditionally releases CATS Software, Inc. of all liability and such settlement does not affect CATS Software, Inc.); and (iii) provides you all available information and reasonable assistance.
- Questions about the Terms of Service should be sent to the CATS Support Team.