Membership Terms & Conditions
The applicant agrees to abide with the Bylaws, rules, and policies of CATAPULT and that payment of membership dues indicates you have read and agree with these terms.
Upon approval of membership, dues are not refundable. CATAPULT may reject this contract by refund of all monies rendered herewith. CATAPULT may add, delete, or modify Services at any time at our sole discretion. We may similarly change this Agreement at any time and will publish an update on our website. We further reserve the right to change our membership dues.
1. AUTOMATIC RENEWALS & PAYMENT TERMS
CATAPULT memberships are subject to automatic renewal. By purchasing a CATAPULT membership, you agree on your membership renewal date that CATAPULT will charge an annual membership fee plus a nominal Voluntary Contribution fee for statewide advocacy to your selected payment method at the annual membership rate without further authorization from you. You may choose to Opt out of Voluntary Contribution giving us written notification by email at the following address: firstname.lastname@example.org
Renewals will take place on the yearly anniversary of your join date. You accept responsibility for all recurring charges, including, where applicable, any charges processed by CATAPULT after the expiration date of your payment card.
You will receive an email reminder approximately 30 days before your renewal date.
After auto renewal, you have up to 30 days to notify us in writing of your intent to discontinue membership. In that event, CATAPULT will consider a prorated refund of dues paid.
If your credit card is no longer valid for any reason, such as that you discontinued or changed the account or if the expiration date has changed, or if the credit card processing company gives us notice that your credit card should not be used, the charge for the annual membership may not be processed and your membership may not be renewed through this process.
2. INSTALLMENT PAYMENTS
Note: this section applies only to members with an existing payment agreement.
CATAPULT may, at its discretion, offer an installment payment plan. Members that have been approved for this option agree to the following payment terms:
a. YOU are responsible for all payments for the full annual cycle of membership or until your membership is terminated by CATAPULT for non-payment.
b. YOU agree to provide a valid credit card or bank draft payment processing.
If the company’s membership terminates prior to the end of the annual twelve-month term, the company, or its successor, agrees to pay all outstanding invoices for that term and any costs or fees incurred by and payable to CATAPULT for services to the company or its successor upon cancellation.
CATAPULT will terminate this Agreement and your Membership in the event that you fail to meet your payment obligations within 60 days of the due date. Termination will not limit any other rights or remedies which are available to us.
YOU may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Services. Termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination (YOUR anniversary date), your right to access and use the Services shall immediately cease.
Note: The following disclaimers in this section (Section 4) do not apply to Catapult’s Employment Law Advice Plan and the plan’s attorneys (see also: Section #7).
CATAPULT advice is educational and informational in nature, and not intended as minimum standards, or legal or other professional advice.
In no event shall CATAPULT, its affiliates or any of their respective directors, officers, employees or agents be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from directly or indirectly related to the subscriber’s use of the products and/or services provided to it by CATAPULT, including, without limitation, loss of revenue, attorneys fees, the cost of substitute services, or other damages, even if CATAPULT or its representatives have been advised of the possibility of such damages.
In no event shall the total liability of either party for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence or otherwise, but excluding gross negligence or willful acts of CATAPULT) arising from subscriber’s use of CATAPULT products or services exceed, in the aggregate, the equivalent of one year of subscription fees.
5. INTERACTIVE SERVICES
As a part of and in connection with your use of the Services, you may have the opportunity to provide suggestions and feedback to CATAPULT, such as through surveys, focus groups, peer learning groups or other means, as well as access to and use of roundtable discussion groups, chat rooms, bulletin boards and other interactive functionality (“Interactive Services”). If you participate in or use any Interactive Services, you are responsible for any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) you upload, post, link to or otherwise transmit (collectively “transmit”) and the consequences thereof. You also consent to the uploading, posting, linking, transmission, display, retention and copying of such Content by CATAPULT and others who can obtain such Content through the Interactive Services; you grant a non-exclusive, perpetual, world-wide, irrevocable, paid-up, royalty-free license to CATAPULT to use, display, retain, copy, post and transmit Content; you represent that you have the right to grant the foregoing and otherwise transmit the Content to CATAPULT and that the Content does not violate any rights of any third parties; and you agree to indemnify and defend CATAPULT for any damages, claims and actions that violate any provision of this section 5.
Although we do not actively monitor, regulate, or pre-screen your use of the Interactive Services, we reserve the unconditional right (but not the obligation) to remove, move or edit any Content we, in our sole discretion, consider harmful, offensive or unprofessional, disruptive, in violation of law, regulation or any agreement.
You acknowledge and agree that all CATAPULT website content is made available for informational and educational purposes only without representation or warranty of any kind AND is not a substitute for legal advice or your professional judgment.
Click the following links to review our Website Policy and Privacy Statement.
7. CATAPULT’S EMPLOYMENT LAW ADVICE PLAN
Click on the following link to review our Employment Law Advice Plan terms.
8. INTELLECTUAL PROPERTY
As part of the membership of your company, and only for the duration of your company’s then-current membership, and so long as you and your company have not violated any terms of this Agreement, your company may be provided access to copyrighted training materials or related documents and use them solely for the internal purposes of your member company. You agree to abide by all copyright laws. While you may make copies of such materials and documents solely pursuant to your company’s internal usage of such things, you may not make copies of, distribute or otherwise allow others outside your company to use the materials and documents. The foregoing non-exclusive limited license to make internal use and copies of the materials and documents terminates upon expiration of membership and may be terminated by CATAPULT for any violation of this Agreement. All training materials and related documents provided for your use are provided ‘as is’ and without any warranties; and any and all implied warranties of title, condition, fitness for a particular purpose, merchantability and non-infringement are specifically and expressly disclaimed. All rights held by CATAPULT in training materials or related documents are retained by CATAPULT, subject to the foregoing non-exclusive limited license.
For the avoidance of doubt, you further agree to use the CATAPULT documents solely to benefit your current employer and will not sell, distribute or otherwise use these documents outside of your current employer.
Individuals who are working with clients in a consultative capacity are prohibited from using any CATAPULT materials in the course of such work.
9. General Provisions
a. The waiver by the CATAPULT or COMPANY TBD of any breach of a provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by the parties.
b. This Agreement supersedes any and all other understandings and agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof and constitutes the sole and only agreement between the parties with respect to said subject matter. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party or by anyone acting on behalf of any party, which are not embodied herein, and that no agreement, statement, or promise not contained in this Agreement shall be valid or binding or of any force or effect. No change or modification of this Agreement shall be valid or binding upon the parties hereto unless such change or modification is in writing and is signed by the parties hereto.
c. If any one or more of the provisions contained in this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect for any reason, that invalidity, illegality, or unenforceability shall not affect any other provisions here of, and this Agreement shall be construed as if that invalid, illegal, or unenforceable provision had never been contained herein.
d. The terms, promises, covenants, and agreements contained in this Agreement shall apply to, be binding upon, and inure to the benefit of the parties hereto and their respective successors and assigns; provided, however, that this Agreement may not be assigned by the CATAPULT or COMPANY TBD without the prior written consent of the other party.
e. This Agreement shall be governed by, and construed in accordance with the internal laws of the State of North Carolina without regard to principles of conflict of laws. Any controversy or dispute arising out of or relating to this Agreement shall be settled exclusively in the courts (federal and state) situated in the North Carolina, Mecklenburg or Wake County. The COMPANY TBD consents to personal jurisdiction in the State of North Carolina and in the courts thereof for the enforcement of this Agreement and waives any rights he may have under the law of any jurisdiction to object on any basis (including, without limitation, inconvenience of forum) to jurisdiction or venue within the State of North Carolina for purposes of litigation to enforce this Agreement.
f. Any provisions in this Agreement that are invalid under North Carolina law are deemed stricken from the Agreement without affecting the validity of the remainder of the Agreement