Terms & Conditions

Welcome to the Catalyst Commons website (www.catalystcommons.org) (the "Website"), which is owned and operated by Om Organics and its affiliates (collectively, “Om Organics”). Om Organics provides its services at the Website subject to these Terms & Conditions. By using the Website, you agree to abide by the following terms and conditions and the Privacy Policy, whether you are a visitor (which means that you simply browse the Website without being registered) or you are a member (which means that you are a registered user of the Website. If you do not agree to these Terms & Conditions, please do not use the Website.

YOUR ACCOUNT

Your account is for your personal use only. You are entirely responsible for maintaining the confidentiality of your password and account and for restricting access to your computer. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Om Organics immediately of any unauthorized use of your account or any other breach of security. Om Organics will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Om Organics or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Om Organics reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

You may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer your account (including your account ID or password) to a third party without the prior written consent of Om Organics. Om Organics may suspend or terminate your account or the account of the transferee in the event of a sale, offer to sell, gift, assignment or transfer in violation of the Terms & Conditions.

If you are a business entity, you represent that (a) you have the authority to bind the entity to this Terms & Conditions; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Om Organics while setting up your account is true, accurate, current and complete.

UNAUTHORIZED USE

Any illegal or unauthorized use of the Website or of any Om Organics services shall constitute a violation of these Terms & Conditions. You do not have permission to access the Website in any way that violates these terms and conditions. You agree to not use the Website for any illegal or unauthorized activity, which includes, but is not limited to:

Om Organics reserves the right to investigate complaints or reported violations of the Terms & Conditions and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Om Organics reserves the right to seek all remedies available to it, whether at law or in equity, for violations of the Terms & Conditions, including but not limited to, civil, criminal and injunctive redress and the right to block access from a particular Internet address to the Website and its features.

ELECTRONIC COMMUNICATIONS

When you visit the Website or send emails to Om Organics, you consent to receive communications from us electronically. We may communicate with you by email, fax, or by posting notices on the Website. In addition, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website, including without limitation, the text, software, scripts, graphics, images, button icons, clips, digital downloads, data compilations, sounds, videos, articles, and the like ("Content") and the trademarks, service marks, service names, and logos contained therein ("Marks"), are owned by or licensed to Om Organics, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Nor are you permitted to reverse engineer, or disassemble the Content or create any derivative work from the Website. Om Organics reserves all rights not expressly granted in and to the Website and the Content and the Marks. You agree to not engage in the use, copying, or distribution of any of the Content or Marks other than expressly permitted herein.

LIMITED LICENSE

Om Organics grants you a non-exclusive, nontransferable, revocable, limited license to access and use the Website in accordance with the Terms & Conditions, expressly excluding any right to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Om Organics. No other use of the information is authorized without the express prior written consent of Om Organics. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without express written consent of Om Organics. No right, title or interest in any Content is transferred to you, whether as a result of use of the Website or such Content or otherwise. You may not frame or utilize framing techniques to enclose any Content or Marks of Om Organics without express written consent. Any unauthorized use terminates the permission or license granted by Om Organics. Except as expressly authorized by the Terms & Conditions, you may not use, use in modified form, alter, copy, distribute, transmit, or derive another work from any Content or Mark obtained from this Website or the services provided therein, except as expressly permitted by the Terms & Conditions. The limited license provided herein does not confer any right, title or interest in or to the Marks. You shall do nothing, nor authorize nor allow any of your representatives, employees, agents or affiliates, to do anything that is reasonably likely to impair, dilute or bring disrepute of the Marks or any goodwill associated with the Marks.

LINKS TO THIRD-PARTY SITES

The Website may contain links to third-party websites that are not owned or controlled by Om Organics. Om Organics has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Website, you expressly relieve Om Organics from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the Terms & Conditions and Privacy Policy of every other website that you visit. Unless we expressly state otherwise, the fact that the Website has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers.

INTERNATIONAL USERS

Because of the global nature of the Internet, as a condition of your use of the Website, you agree to comply with all local rules with respect to your account and your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access the Website, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.

CONTENT

Om Organics posts project, organization and funder descriptions as provided by the users on the Website and on their related websites. Om Organics does not warrant that user descriptions or other content of the Website is accurate, complete, reliable, current, or error-free.

DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED BY OM ORGANICS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OM ORGANICS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OM ORGANICS EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE WEBSITE, THE SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE WEBSITE WILL BE FREE FROM ERRORS, DELAYS OR INTERRUPTIONS, THAT ALL ERRORS WILL BE CORRECTED, OR THE WEBSITE WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE AND AGREE THAT (I) WE HAVE NO CONTROL OVER THE AVAILABILITY OF THE WEBSITE ON A CONTINUOUS OR UNINTERRUPTED BASIS; (II) WE ARE NOT RESPONSIBLE FOR THE FUNCTIONALITY OF ANY THIRD-PARTY WEBSITE, INTERFACE, OR LINK; (III) THE TERMS AND CONDITIONS SET FORTH HEREIN ARE SUBJECT TO THE LIMITATIONS OF OUR HARDWARE, SOFTWARE AND BANDWIDTH; (IV) OUR FAILURE TO MAKE THE WEBSITE AVAILABLE BECAUSE OF TECHNICAL DIFFICULTIES OR FOR ANY REASON OUT OF OUR CONTROL DOES NOT AMOUNT TO A FAILURE TO MEET THE OBLIGATIONS OR RESULT IN A BREACH BY OM ORGANICS OF THE TERMS & CONDITIONS, AND YOU EXPRESSLY WAIVE ALL RIGHT TO DISPUTE SUCH FAILURE. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES OR WEBSITE. WE MAY UPDATE, IMPROVE, OR OTHERWISE MODIFY THE WEBSITE (OR ANY OF ITS INDIVIDUAL FEATURES OR FUNCTIONALITIES) AT ANY TIME AS WE SEE FIT IN OUR SOLE DISCRETION. OM ORGANICS DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAILS SENT FROM OM ORGANICS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OM ORGANICS IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACTS OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL WHATSOEVER.

LIMITATION OF LIABILITIES

UNDER NO CIRCUMSTANCES SHALL OM ORGANICS BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSSES, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, MONEY, GOODWILL, REPUTATION OR INTERRUPTION OF BUSINESS (EVEN IF OM ORGANICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OF THE WEBSITE OR ANY SERVICES PROVIDED THEREIN. IN NO EVENT SHALL THE TOTAL OBLIGATIONS OR LIABILITY OF OM ORGANICS HEREUNDER EXCEED $100. REGARDLESS OF ANY LAW TO THE CONTRARY, NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST OM ORGANICS MORE THAN ONE YEAR AFTER THE DATE UPON WHICH THE CLAIM AROSE.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold harmless Om Organics and our parents, subsidiaries, successors, and affiliates, and each of their respective directors, officers, agents, representatives and employees, from any and all losses, claims, causes of action, damages, demands, costs, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from or is related to or is a result of (i) your use of the Website (including but not limited to the display of your information on the Website) or from your breach of any of the terms and conditions set forth herein; (ii) your breach of any representations and warranties made by you to Om Organics or (iii) any claims asserted by a third party relating to products offered or displayed on the Website.

GENERAL PROVISIONS

The Terms & Conditions constitute the entire agreement with respect to the subject matter hereof. No waiver by Om Organics of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Terms & Conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Term of Use, all of which will remain in full force and effect. Any and all disputes relating to the Terms & Conditions, your use of the Website, or any other Om Organics service are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws provisions. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of the Terms & Conditions.

DISPUTES

Any dispute relating in any way to your visit to the Website or to relationships developed through the Website shall be submitted to confidential arbitration in San Francisco, California, except that, to the extent you have in any manner violated or threatened to violate Om Organics's intellectual property rights, Om Organics may seek all remedies available to it, whether at law or in equity, including without limitation, injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under the Terms & Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under the Terms & Conditions shall be joined to an arbitration involving any other party subject to the Terms & Conditions, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

If there are material changes to our Terms & Conditions, we will post a link to our revised Terms & Conditions on our home page. Your continued use of the Website will constitute your acceptance of any revised Terms & Conditions. We reserve the right to make changes to our Website, policies, and the Terms & Conditions at any time. We may amend the Terms & Conditions at any time by posting the amended terms on the Website or on our home page. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted.

OUR CONTACT INFORMATION
info@catalystcommon.org