End User Agreement

1/01/2021

Changes may be made at any time to the information, names, text, software, images, pictures, logos, trademarks, products, capabilities, features, functions and any other material displayed on, offered through or contained in the Services.
Catalist and our affiliates/partners have no obligation to provide updates, bug fixes or error correction for the products and services offered through or contained in the Services. If and when Catalist and our affiliates/partners determines to provide updates, fixes or error corrections, either by Over the Air software updates or firmware updates or otherwise) such updates, fixes or corrections may be automatic and without your advance knowledge and consent provided by our affiliates/partners. Any such updates, fixes or error corrections may delete or change the nature or features of the Services, including functions you may rely upon and you may lose data or information stored in the cloud or in your individual devices purchased from Catalist. Therefore, you hereby (a) consent in advance to Catalist and our affiliates/partners making any such updates, fixes or corrections, and (b) agree to give Catalist and our affiliates/partners access to your host/home system in order for catalist and our affiliates/partners to make any such updates, fixes or corrections. Any updates You also authorize Catalist and our affiliates/partners to remotely access the device in question to diagnose any failures, errors or other issues we remotely detect or in response to your requests for customer support. Any updates, fixes or corrections shall be deemed and shall constitute part of the Services and the terms of this EULA apply to such updates, fixes or corrections.

Disclaimer Of Warranties

The services and any software, products or other services offered or contained herein are provided on an "as is" basis and on an "as available" basis. Catalist makes no representations or warranties of any kind with respect to the services, our affiliates/partners software, products or other services, and disclaims all such representations and warranties, including, without limitation, for example warranties of merchantability and fitness for a particular purpose, non-infringement of third party rights, error-free or uninterrupted service, accuracy, availability, reliability, security, site availability, site performance, currency and completeness arising from or relating to the services, any content or any links, any software, tools, tips, product or services provided by Catalist and our affiliates/partners. In addition, Catalist does not represent or warrant that the information accessible via the services is accurate, complete or current. Price and availability information is subject to change without notice.

Limitation Of Liability

In no event shall Catalist or any of its respective directors, officers, employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages (including without limitation damages for loss of data, income or profit, loss of or damage to property and third party claims) or any other damages of any kind, arising out of or in connection with the services; any materials, information, qualification and recommendations; any software, tools, tips, products, or services offered through, contained in or advertised in connection with the services; any link provided in connection with the services; and your accounts with Catalist or our affiliates/partners , whether or not Catalist has been advised of the possibility of such damages. This exclusion of liability shall apply to the fullest extent permitted by law. This provision shall survive the termination of your free or paid subscription to the services. You acknowledge that you will be fully liable for all damages resulting directly or indirectly from your use of the services.

Indemnification

You agree to indemnify and hold harmless Catalist and its respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms; and (b) your unauthorized use or misuse of Services. This provision shall survive the termination of your right to use Services.

Dispute Resolution

All claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or 4 relating to: (a) these Terms; (b) Services; (c) any advertisement or promotion relating to these Terms or Services; (d) transactions effectuated through use of Services, or (e) the relationship which results from these Terms (including relationships with third parties who are not party to these Terms) (collectively "Claims"), will be referred to and determined by binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association under its rules for the resolution of consumer-related disputes, or under other mutually agreed procedures. Because this method of dispute resolution is personal, individual and provides the exclusive method for resolving such disputes, you further agree, to the extent permitted by applicable laws, to waive any right you may have to commence or participate in any class action or class-wide arbitration against Catalist related to any Claims. This provision shall survive the termination of your right to use Services.

Termination

Catalist may at any time and at its sole discretion terminate your right to use Services or provide such services from Catalist or our affiliates/partners.

Governing Law And Jurisdiction

Unless otherwise specified, Catalist controls and operates Services from offices within the Commonwealth of Indiana, U.S.A. If you choose to use Services from other locations, you do so on your own initiative, and are responsible for compliance with any applicable local laws. The laws of the Commonwealth of Indiana, without regard to indianas' conflict of laws principles, govern these Terms. You consent and submit to the personal jurisdiction of the courts located in Johnson County, Indiana for the purposes of litigating any action in connection with these Terms or Services.

General

These Terms constitute the entire agreement between you and Catalist with respect to your use of Services and supersede all previous agreements, understandings and representations relating thereto.

Access To Collected Information

You may review and update the information that you provide or that Catalist collects in connection with Services by contacting us as described below.

Contacting Us

If you have any questions about these Terms, please use the Contact Us information found in the footer of each page of this website. We welcome your questions and suggestions about our Terms or related Catalist policies.