Terms of Use

Last updated: March 31, 2021

Welcome to the Internet sites of Catalyst Factory LLC and its subsidiaries (“Catalyst”). “Catalyst Sites” include fitsquadapp.com, fitpetapp.com, and other Internet sites on which these Terms of Use are posted. The Catalyst Sites, products and content may be branded FitSquad, FitPet, or other brands owned by Catalyst. Catalyst is sometimes referred to herein as “we,” “us” or “our.”

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY CATALYST SITE. By using any Catalyst Site you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Catalyst Sites.

Note that special terms might apply to some services or features offered on certain Catalyst Sites. These terms are posted in connection with the applicable service or feature. Any such terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.

Catalyst may modify these Terms of Use at any time by updating this posting. You are bound by any such modification and should therefore visit this page periodically to review these Terms of Use.

Use of Content

The content contained on Catalyst Sites, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look and feel (collectively, the “Content”), is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by Catalyst or by third parties that have licensed their Content to Catalyst. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where a Catalyst Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Catalyst, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.

You may not, without the prior written permission of Catalyst, “mirror” on any other server any material contained on any Catalyst Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, without the express written permission of Catalyst. The trademarks, logos and service marks (the “Marks”) displayed on the Catalyst Sites are owned by Catalyst or third parties. You are prohibited from use of those Marks without the express, written permission of Catalyst or such third party. If you would like information about obtaining Catalyst’s permission to use the Content on your website, email support@fitsquadapp.com.com.

In the event that we offer downloads of software on a Catalyst Site and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) is licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, CATALYST HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.

TO THE FULLEST EXTENT PERMITTED BY LAW, CATALYST SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE.

Public Forums and Communication

“Public Forum” means an area, site or feature offered as part of any Catalyst Site that offers the opportunity for users to submit content (“User Submissions”) for viewing by one or more Catalyst Site users, including without limitation a message board, forum, social community environment, conversation page, or blog.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures voluntarily and at your own risk. You should use good judgment when posting information, remarks or other content regarding other users, service providers, Catalyst or any other third party. You may be held legally responsible for damages suffered by other users, Catalyst or third parties as a result of legally actionable or defamatory comments, remarks or other information or content that you post to a Catalyst Site. Catalyst is not legally responsible for any User Submissions, even if a User Submission is defamatory or otherwise legally actionable.

You are and will remain solely responsible for the User Submissions you distribute on or through any Catalyst Site in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from a User Submission. By submitting material to any Catalyst Site, you automatically grant, or warrant that the owner of such material has expressly granted, Catalyst the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user’s personal use. You hereby grant Catalyst the right to edit, copy, publish and distribute any material you make available on any Catalyst Site.

You acknowledge that your use or reliance upon any User Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice, or recommendations posted or sent by users in any Public Forum, and we specifically disclaim any and all liability in connection therewith. We do not confirm nor verify the qualifications, background, or abilities of users or the information they post in any Public Forum. Therefore, we recommend that you be careful and exercise common sense and good judgment when using any Catalyst Site or Public Forum.

Rules of Conduct: you agree that you will not submit any User Submission on any Catalyst Site that:

  • is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
  • is bigoted, hateful, or racially or otherwise offensive;
  • is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harms or can reasonably be expected to harm any person or entity;
  • is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a User Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
  • infringes or violates any right of a third party, including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
  • is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
  • contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Catalyst Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Catalyst Sites;
  • (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet; or
  • is false or misleading.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

We reserve the right, but disclaim any obligation or responsibility, to refuse to post or communicate or remove any User Submission from any Catalyst Site that violates these Terms of Use (including the Rules of Conduct).

Accounts

Some services on the Catalyst Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our registration processes (the “Registration Data”). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to notify us promptly at support@fitsquadapp.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Catalyst Site.

We may suspend or terminate your account and your ability to use any Catalyst Site or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service.

Catalyst’s Liability

Catalyst makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Catalyst Sites and the Content. Any use of the Catalyst Sites and the Content is at your own risk. Changes are periodically made to Catalyst Sites and may be made at any time. Catalyst further reserves the right to modify, suspend, or discontinue any service on or feature of the Catalyst Sites (including any changes to or removal of Content) at any time with or without notice to you, and Catalyst shall not be liable to you or to any third party should it exercise such rights. Some Content on the Catalyst Sites may be provided by third parties, and Catalyst will not be held responsible for any such Content provided by third parties.

CATALYST DOES NOT WARRANT THAT THE CATALYST SITES WILL OPERATE ERROR-FREE OR THAT THE CATALYST SITES OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE CATALYST SITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, CATALYST WILL NOT BE RESPONSIBLE FOR THOSE COSTS.