Welcome! This website, www.catchupcalendar.com (the "Site," including all subdomains), is a copyrighted work belonging to CatchupCalendar, Inc. ("we," "us," and "our"). These terms of service (the "Terms") govern your access to and use of the services available on this Site, emails, and mobile and desktop applications (collectively, the “Service” or “Services”). Specific features of the Site or Services may have additional rules and terms associated with them, and such additional rules and terms will be prominently posted or otherwise made available to each user ("you" and "your," including any entity you represent) and are incorporated herein by reference.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND CATCHUPCALENDAR, INC.. BY USING THIS SITE AND THE RELATED SERVICES YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN, AND WARRANT THAT YOU HAVE FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE SERVICES. YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS.
THESE TERMS LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE AND REQUIRE THAT ALL DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION. THIS MEANS THAT YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY ACCORDING TO THE ARBITRATION PROVISIONS BELOW RATHER THAN IN A COURT OF LAW OR THROUGH A CLASS ACTION LAWSUIT.
Children under 13 [thirteen] years old are allowed to use the Site and Services directed at children with parental consent and supervision.
The Site and Services primarily operates as a for-profit business website. The purpose of the Site is to provide information about CatchupCalendar Inc. and its product(s). Subject to these Terms, you are granted a personal, worldwide, non-transferable, non-exclusive, royalty-free, limited license to use and access the Site. You must use this license only in the manner permitted by these Terms for the sole purpose of using and enjoying the benefit of the Services provided by the Site.
The Services provided may include advertisements, some of which may be targeted based on the type of information on the Site or through the Services, queries made, or other information, whether collected by us or others, or submitted by you or others. The types and amount of advertising on the Site or through the Services is subject to change.
By using this Site and Services you agree to use the Site and Services in compliance with these Terms and all applicable rules and regulations, including the local, state, national, and international laws that apply to your jurisdiction. We are based in Delaware, United States. This Site and Services are meant for use by persons within the United States. It may be illegal for certain persons to use the Site or Services in some countries. We make no claim that the Site or Services will be legal or accessible outside of the United States. Subject to these Terms, you may view, print, and use our content and Services as permitted on the Site and only for your own personal, non-commercial use. You further agree and acknowledge that your use of this Site and the Services results in you sending electronic interstate transmissions through our computer network, and such transmissions may include, but are not limited to, any searches, file uploads, posts, instant messages, or emails.
Due to the global nature of the internet, you understand and agree that it is your responsibility to ensure that your use of the Site or Services complies with all local, international, and other laws that may apply. In addition, United States import and export control laws and the import regulations of other countries may apply to the use of the Site or Services. You agree not to export, upload, post, or transfer, directly or indirectly, any software, technical data, or technology acquired through us, the Site, or the Services in violation of such export or import laws, including, but not limited to, the United States Export Administration Regulations (EAR) and the various United States sanctions programs.
We do not knowingly collect personal information or data from visitors under 13 years of age. You may not use the Site or Services if you are under the age of 13 [thirteen] without the permission of a parent or legal guardian.
We reserve the right to review and investigate your use of the Site or Services and to take any appropriate action against you that we determine is necessary in our sole discretion should you violate these Terms or otherwise create liability, loss, or damage for us, our Site visitors or Services users, or a third party. Such action may include, but is not limited to, initiating proceedings to recover any losses, and reporting you to law enforcement authorities.
The Site or Services may contain links and advertisements to third-party websites and services (collectively, "Third-Party Resources"). You agree and acknowledge that Third-Party Resources are not under our control and we are not responsible for the content, products, or services they provide. We provide access to Third-Party Resources only as a convenience to you and do not monitor, endorse, warrant, or make any representations regarding Third-Party Resources. It is your sole responsibility to exercise appropriate caution and discretion when using Third-Party Resources, and you acknowledge that you assume all risks that arise from such use.
We reserve the right to modify, add to, suspend, or terminate all or part of the Site or Services at any time with or without providing prior notice to you. This includes the right to create limits on our visitors' use of Services and data storage. You agree that we are not liable for using or enforcing the rights stated in this paragraph. Unless we indicate otherwise, any future modifications to the Site or Services are subject to these Terms.
Although we may choose to provide customer support or Site and/or Services maintenance, you acknowledge and agree that we are under no obligation to do so.
Some parts of the Site or Services may be restricted to certain visitors. If you have permission to access restricted parts of the Site or Services, you agree to not share your access information and password with third parties. We may change the restricted parts of the Site or Services from time to time. If you do not have access to restricted parts of the Site or Services, you agree not to use another user's account to gain such access or otherwise attempt to gain improper access to the restricted parts of the Site or Services.
At times we may need to send you communications related to the Site or Services. Such communications are considered part of the Services, and you may not be able to opt out of receiving them.
We reserve the right to access and disclose the information you submit to the Site or through the Services if required to do so by law or if we have a reasonable, good-faith belief that doing so is necessary for (i) responding to requests for customer service, (ii) addressing fraud, security, or technical issues, (iii) protecting the rights, property, and safety of CatchupCalendar, Inc., its users, and the public, (iv) responding to legal claims and processes, or (v) enforcing these Terms, including investigating potential violations.
Unless otherwise stated, CatchupCalendar, Inc. and its permitted licensors own all intellectual property rights in the Site and Services and its contents. These rights include, but are not limited to, ownership of all text, graphics, images, logos, copyrighted material, trademarks, patents, software, and other distinctive brand features displayed on the Site or Services, including the compilation of any of the foregoing items. Except for the limited rights granted by these Terms, neither these Terms nor your use or access to the Site give you or any third party any intellectual property rights. We reserve all rights not explicitly granted by these Terms, which do not grant any implied licenses. All copyrights, trademarks, and other intellectual property notices on the Site or Services must be retained on all copies thereof. You may not publish, reverse engineer, modify, distribute, transmit, sell, create derivative or plagiaristic works of, or use or exploit for any commercial reason, whether in whole or in part, any of the content on the Site or Services without our express prior written consent or the consent of any third-party owners of the content. Site content is not for resale under any circumstances.
We may remove any content that is alleged to be infringing at our sole discretion without prior notice and without liability to you. We also reserve the right to take other appropriate action against infringers, such as terminating the user's account if the user is determined to be a repeat infringer. Please send any notice of alleged copyright infringement to our designated copyright agent at the following address:
Attn: Copyright Agent
Note that pursuant to 17 U.S.C. 512(f), any material misrepresentation in a written notification that content is infringing or that allegedly infringing content was removed by mistake or misidentification automatically subjects the complaining party to liability for damages, including costs and attorney's fees incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by us, if injured by such misrepresentation.
THIS SECTION ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SITE IS PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE CONTENT PROVIDED ON THE SITE OR THROUGH THE SERVICES. WE, OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THIS INCLUDES, WITHOUT LIMITATION TO THE FOREGOING, NO WARRANTY THAT THE SITE, ITS CONTENT, OR THE SERVICES WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL, UNINTERRUPTED, USEFUL, TRUE, ACCURATE, NON-MISLEADING, TIMELY, RELIABLE, COMPLETE, ERROR-FREE, FREE OF OMISSIONS, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, LEGAL, OR SAFE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK AND WE ASSUME NO RESPONSIBILITY FOR HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, THE DELETION OF INFORMATION YOU TRANSMIT ON THE SITE, OR THE DELETION OR FAILURE TO STORE OR TRANSMIT USER CONTENT OR PERSONALIZATION SETTINGS THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THE SITE AND SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION THAT MAY CAUSE DAMAGE TO YOUR COMPUTER OR INTERNET ACCESS.
THIS SITE AND ITS CONTENTS AND ANY INFORMATION PROVIDED THROUGH THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON THIS SITE CONSTITUTES, IS MEANT TO CONSTITUTE, OR MAY BE USED AS ADVICE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LEGAL, FINANCIAL (INCLUDING TRADING OR INVESTMENT PURPOSES), OR MEDICAL ADVICE. WE ENCOURAGE YOU TO CONSULT THE APPROPRIATE PROFESSIONAL SHOULD YOU REQUIRE LEGAL, FINANCIAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE OR THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CATCHUPCALENDAR, INC., INCLUDING ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS, MAY NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (ii) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES; (iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iv) ANY CONTENT OBTAINED FROM THE SITE OR SERVICES; (v) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (vi) OTHER MATTERS RELATED TO THE SITE OR SERVICES. THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS OR LIABILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT MAY OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR SERVICES. YOU FURTHER AGREE NOT TO BRING ANY CLAIM PERSONALLY AGAINST OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS.
THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE, OR OTHERWISE.
NOTE THAT SOME JURISDICTIONS PROHIBIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE THE LIMITATIONS AND EXCLUSION ABOVE MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless CatchupCalendar, Inc. and its subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, including, but not limited to, costs and attorney's fees, from any claim or disputes by a third party arising out of your use of the Site or Services, violation of these Terms, violation of applicable law, or your posting, modifying, or otherwise transmitting content through the Site or Services. We reserve the right, at your expense, to assume exclusive control over the defense of any claim or dispute for which you must indemnify us. You agree to cooperate fully with us in defending such claims or disputes, and you agree not to settle any such claims or disputes without our prior written consent. We will make a reasonable effort to provide you with notice of any such claim or dispute once we receive notice.
In the event you have a dispute arising out of, directly or indirectly, these Terms or your use of the Site or Services, you hereby release and forever discharge us, including our subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, from all related claims, actions, demands, disputes, damages, and liabilities, whether past, present, or future. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
We may suspend or terminate your access to the Site and/or Services at any time and for any reason or no reason at all, with or without notice, at our sole discretion. Where applicable, all rights and responsibilities of the parties under these Terms will survive the termination of this agreement, including, without limitation, intellectual property ownership, warranties, disclaimers, and limitations of liability.
We may modify or update these Terms from time to time at our sole discretion. All updates will be effective from the time and date that they are posted. We recommend checking this page regularly for any updates. Your continued use of the Site and Services signifies your acceptance of the updates that occur. We may send you notice of updates to these Terms, including, but not limited to, by email, posting on the Site, through the Services, or other reasonable means.
Should you breach these Terms, we may take any and all actions we deem appropriate in our sole discretion under the circumstances, including, but not limited to, suspending, blocking, or terminating your access to the Site and Services.
Unless both parties agree otherwise, you and CatchupCalendar, Inc. agree that any dispute, claim, or controversy you may have arising out of or relating to the Site, Services, or these Terms will be resolved through mandatory binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and the judgment of its arbitrator(s) may be entered by any court of competent jurisdiction. You further agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and THE PARTIES FURTHER AGREE THAT EACH IS WAIVING ITS CONSTITUTIONAL RIGHT TO A TRIAL BY JURY AS WELL AS THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ACTION. ALL CLAIMS AND DISPUTES RELATED TO YOUR USE OF THE SITE OR SERVICES OR ARISING UNDER THE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED. This provision will survive the termination of this agreement.
You and CatchupCalendar, Inc. agree that we may seek injunctive or other appropriate relief in the appropriate state or federal court should you violate or threaten to violate the intellectual property rights of us or our subsidiaries, affiliates, partners, suppliers, or licensors, and you consent to exclusive jurisdiction and venue in such courts.
In the event that these Terms are translated into other languages and there is a discrepancy between the two language versions, the English language version will prevail in all cases to the extent that such discrepancy is the result of an error in translation.
Our failure to enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
If any provision of these Terms or the application thereof is held to be invalid or unenforceable for any reason and to any extent, that provision will be considered removed from these Terms; however, the remaining provisions will continue to be valid and enforceable according to the intentions of the Parties and to the maximum extent permitted by law. If it is held that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
Your rights and obligations under these Terms, including any accounts, profiles, or personalization settings you may have, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempt to do so will be null and void. We may freely assign these Terms and our rights and obligations hereunder without notice to you, and these Terms will continue to be binding on assignees.
The rights of all parties under these Terms are cumulative and will not be construed as exclusive of each other unless otherwise required by law.
These terms shall be governed by, and will be construed under, the laws of Delaware, United States, without regard to or application of its conflict of law principles or your state or country of residence. All claims, disputes, and legal proceedings related to or arising out of these Terms or your use of the Site or Services will be brought exclusively in the arbitration forum as noted in Section 23, or solely if such arbitration forum is prohibited by law from acting on such claim, dispute, or legal proceedings, the federal or state courts located in Delaware, and you hereby consent to, and waive any objection of inconvenient forum as to, such jurisdiction.
Electronic communications occur whenever you use the Site or Services, you send us emails, we send you emails, and we post notices on the Site, or through the Services. You consent to receive such electronic communications and agree that the electronic communications, including, without limitation, all notices, terms, disclosures, and agreements, has the same legal effect and satisfy any legal requirement that such communications would satisfy if provided to you in a written hardcopy.
You hereby assign to us all rights in any feedback or complaints you provide us concerning the Site or Services and agree that we have the right to use and fully exploit all such feedback or complaints in any manner we wish, commercial or otherwise. We will treat all such feedback or complaints as non-confidential and non-proprietary. Do not provide us with any feedback or complaints that you consider confidential or proprietary.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814 or by telephone at (800) 952-5210.
Please report any violations of these Terms to us. If you require any more information or have any questions about these Terms, you may contact us as follows:
Updated May 2020
Welcome to CatchUp’s online Store. “Store” refers to our online venue that allows you to browse, view, acquire, purchase, and rate and review products and services including digital content, applications or services. These Terms of Sale (“Terms of Sale”) cover use of the CatchUp App and other CatchUp services that refer to these Terms of Sale (collectively “Store”). Through the Store, CatchUp provides access to a variety of resources, including download areas, software, and information about software and services wherever applicable (collectively "Services" and together with Store, “Store”). Some of the products, services and content offered in the Store are third-party products offered by entities other than CatchUp. By using the Store, or by purchasing products and services from the Store, you accept and agree to these Terms of Sale, CatchUp's Privacy Statement (see the Privacy and Protection of Personal Information section below), and applicable terms and conditions, policies or disclaimers found in the Store or referenced in these Terms of Sale (collectively the "Store Policies"). We encourage you to read the Store Policies carefully. YOU MAY NOT USE THE STORE OR SERVICES IF YOU DO NOT AGREE TO THE STORE POLICIES.
CatchUp may update or amend any policies without notice at any time.
2. No Unlawful or Prohibited Use. As a condition of your use of the Store and Services, you warrant to us that you will not use the Store for any purpose that is unlawful or prohibited by these Terms of Sale, the Store Policies, or any other terms that apply to your use of the Store. You may not use the Store in any manner that could damage, disable, overburden, or impair any CatchUp server, or the network(s) connected to any CatchUp server, or interfere with any other party's use and enjoyment of the Store. You may not attempt to gain unauthorized access to the Store, other accounts, computer systems or networks connected to any CatchUp server or to the Store, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Store. You may not use the Store in a way that infringes rights of third parties, including willfully harming a person or entity, including CatchUp. You may not commercially distribute, publish, license, or sell any products, information or services obtained from the Store.
3. Materials You Provide to CatchUp or Post in the Store. CatchUp does not claim ownership of the materials you provide to CatchUp (including feedback, ratings, reviews and suggestions) or post, upload, input or submit to the Store or associated CatchUp services for review by others (each a "Submission" and collectively "Submissions"). However, you grant CatchUp a royalty-free, perpetual, irrevocable, worldwide, non-exclusive and sublicensable right to use, modify, adapt, reproduce, create derivative works from, translate, edit, perform, distribute, and display your Submission, including your name, in any media. If you publish your Submission in areas of the Store where it is available broadly online without restrictions, your Submission may appear in demonstrations or materials that promote the Store and/or the products, services and content offered in the Store. You warrant and represent that you have (and will have) all of the rights necessary to make any Submission you provide and to grant these rights to CatchUp.
No compensation will be paid with respect to the use of your Submission. CatchUp is under no obligation to post or use any Submission and CatchUp may remove any Submission at any time in its sole discretion. CatchUp takes no responsibility and assumes no liability for your Submissions or the material others post, upload, input or submit using the Store.If you rate or review an application in a Store, you may receive email from CatchUp which contains content from the publisher of the application.
4. Links to Third-Party Websites. The Store may include links to third-party websites that let you leave the Store. These linked sites are not under the control of CatchUp and CatchUp is not responsible for the contents of any linked site or any link contained in a linked site. CatchUp is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CatchUp of the site. Your use of the third-party website may be subject to that third party’s terms and conditions.
5. Geographic Availability. Available products and services may vary depending on your region or device. In addition, there may be limits on where we can ship products as set forth in our shipping policies. To complete your purchase, you may be required to have a valid billing and shipping address within the country or region of the Store where you are purchasing.
6. End Users Only. You must be an end user to purchase products and services from the Store. Resellers are not eligible to purchase.
7. Export Limitations. Products and services purchased from the Store may be subject to customs and export control laws and regulations. You agree to comply with all applicable international and national laws and regulations.
8. Billing. By providing CatchUp with a payment method, you: (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize CatchUp to charge you for any products, services or available content purchased using your payment method; and (iii) authorize CatchUp to charge you for any paid feature of the Store that you choose to sign up for or use. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscriptions. Also, we may charge you up to the amount you have approved, and we will notify you in advance and in accordance with the terms of your subscription of any change in the amount to be charged for recurring subscriptions. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed. See Automatic Renewal section below.If you are taking part in any trial-period offer, you must cancel the service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. If you do not cancel the service at the end of the trial period, you authorize us to charge your payment method for the product or service.
9. Recurring Payments. When you purchase products, services or content on a subscription basis (e.g., weekly, monthly, every 3 months, or annually (as applicable), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to CatchUp by the method you have chosen at the recurring intervals chosen by you, until the subscription is terminated by you or by CatchUp or otherwise in accordance with its terms. By authorizing recurring payments, you are authorizing CatchUp to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, CatchUp or its service providers reserve the right to collect any applicable return item, rejection or other fees as permitted by applicable law.
10. Product Availability and Quantity and Order Limits. Product prices and availability are subject to change at any time and without notice. CatchUp may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. If the products or services that you ordered are unavailable, we may contact you to offer you an alternative product. If you do not choose to purchase the alternative product, we will cancel your order.
CatchUp may refuse or reject any order at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for pricing or other errors. In the event of pricing or other errors, we reserve the right, in our discretion, to either (a) cancel your order or purchase or (b) contact you for instructions. In the event of cancellation, your access to the associated content will be disabled.
We may disable access to content associated with your account for any reason. We may also remove or disable games, applications, content, or services on your device in order to protect the Store or potentially affected parties. Some content and applications may be unavailable from time to time or may be offered for a limited time. Availability can be affected by region. Thus, if you change your account or device to another region, you may not be able to re-download content or applications or re-stream certain content that you purchased; you may need to re-purchase content or applications that you paid for in your previous region. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any content or application you purchase.
11. Updates. If applicable, CatchUp will automatically check for and download updates to your applications, even if you’re not signed into the Store. You can change your settings if you prefer not to receive automatic updates to Store apps. However, certain Office Store apps that are entirely or partly hosted online may be updated at any time by the app developer and may not require your permission to update.
12. Software Licenses and Use Rights. Software and other digital content made available through the Store is licensed, not sold, to you. Applications downloaded directly from the Store are subject to the Standard Application License Terms (“SALT”), unless different license terms are provided with the application. You understand and acknowledge that your rights with respect to these digital goods are limited by these Terms of Sale, copyright law and the usage rules referenced above. Software licenses purchased at the CatchUp online Store are subject to the license agreement that accompanies the software, and you will be required to agree to the license agreement when you install the software. Any reproduction or redistribution of software or merchandise not in accordance with the relevant license terms, usage rules, and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk prosecution to the maximum extent of the law.
FOR YOUR CONVENIENCE, CATCHUP MAY MAKE AVAILABLE AS PART OF THE STORE OR SERVICES OR IN ITS SOFTWARE OR MERCHANDISE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD THAT ARE NOT PART OF THE PRODUCT OR SERVICES SOLD. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CATCHUP DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT FROM ANY SUCH TOOLS OR UTILITIES.
Please respect the intellectual property rights of others when using the tools and utilities made available through the Store, or in software or merchandise.
13. Codes for Software and Content Downloads. Certain software and content are delivered to you by making a download link available in your CatchUp account associated with your purchase. For subscription products that are delivered by providing a download link, different terms and storage rights may apply, which you will be able to review and agree to at the time of your subscription.
You agree that we may cancel or modify our digital key storage program at any time. You also agree that we may stop supporting the storage of keys for one or more products at any time and for any reason, including, by way of example, at the end of the product support life cycle, after which you will no longer have access to the download link or application. Even if we cancel or modify our program such that you will no longer have access to the download link or application, we are not liable to provide advance notice to you using the contact information for the related CatchUp account.
14. Pricing. To the extent permitted by applicable law, CatchUp does not guarantee that a price, product or promotion offered online will not change. The Store does not have a price match guarantee. CatchUp may not match the price offered for the same product by CatchUp at a later point in time.
Unless stated otherwise, prices shown in the Store exclude taxes or charges (“Taxes”) that may apply to your purchase. Prices shown in the Store also exclude delivery costs. Taxes and delivery costs (as applicable) will be added to the amount of your purchase and shown on the check-out page. You are solely responsible for paying such Taxes and costs. Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those services when you use a credit or debit card. Please contact your bank for details.
15. Automatic Renewal Selection. Provided that automatic renewals are allowed in your country, region, province/territory, or state, you may choose for products or services to automatically renew at the end of a fixed service period. If you elected to automatically renew your product or service, we may automatically renew the product or service at the end of the current service period and charge you the then-current price for the renewal term, unless you have chosen to cancel the product or service as described below. We will bill your chosen payment method for the renewal, whether it was on file on the renewal date or provided later. You may cancel the products or services prior to the renewal date. You must cancel before the renewal date to avoid being billed for the renewal.
16. Return Policy. We will accept returns for eligible products for 14 days from the date of purchase or download, as applicable. This Return Policy does not affect any statutory rights that may apply to your purchase.
Some items are not eligible for return; unless otherwise provided by law or by a particular product offer, all purchases of these types of products are final and non-refundable:
When you make a qualifying return, we will credit the full amount, less the original shipping and handling charges (if any), and you will typically receive your refund in approximately 3-5 business days. Any refunds will be applied to the same account, and using the same method of payment, used to place the order (unless you choose a Store credit in the amount of the refund).
If you live in Taiwan, please note that according to Taiwan’s Consumer Protection Act and its relevant regulations, all purchases pertaining to digital content provided via intangible form and/or on-line services are final and non-refundable when such content or service has been provided on line. You are not entitled to claim any cooling off period or any refund.
17. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. To the extent permitted by applicable law, you must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce a payment to you without notice to adjust for any previous overpayment.
18. Customer Service. Please visit our Sales and Support (https://www.catchupcalendar.com/contactus) page for more information about customer service options.
20. Changing Terms. CatchUp may change the Terms of Sale at any time and without notice to you. The Terms of Sale in force at the time you place your order will govern your purchase and serve as the purchase contract between us. Before your next purchase, CatchUp may have changed the Terms of Sale without notice to you. Please review the Terms of Sale each time you visit the Store. We recommend that you save or print a copy of the Terms of Sale for future reference when you make a purchase.
21. Age Limitations. Age limits may apply to your use of the Store, including purchases.
22. Privacy and Protection of Personal Information. Your privacy is important to us. We use certain information that we collect from you to operate and provide the Store. Please read the CatchUp Privacy Statement as it describes the types of data we collect from you and your devices (“Data”) and how we use your Data. The Privacy Statement also describes how CatchUp uses your communications with others; postings or feedback submitted by you to CatchUp via the Store; and the files, photos, documents, audio, digital works, and videos that you upload, store or share on your devices or through the Store (“Your Content”). By using the Store, you expressly consent to CatchUp’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement.
23. Product Display and Colors. CatchUp attempts to display product colors and images accurately but we cannot guarantee that the color you see on your device screen or monitor will exactly match the product’s color.
24. Errors in Store Presentation. We work hard to publish information accurately, update the Store regularly, and correct errors when discovered. However, any of the content in the Store may be incorrect or out of date at any given time. We reserve the right to make changes to the Store at any time, including to product prices, specifications, offers and availability.
25. Termination of Use or Access. CatchUp may terminate your account or use of the Store at any time for any reason, including, without limitation, if you are in breach of these Terms of Sale or the Store Policies, or if the Store is no longer operated by CatchUp. By using the Store, you agree to be responsible (in accordance with these terms) for any orders you make or charges you incur prior to such termination. CatchUp may change, discontinue, or otherwise suspend the Store at any time, for any reason, and without prior notice to you.
26. Warranties and Limitation of Remedies. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, CATCHUP AND ITS SUPPLIERS, DISTRIBUTORS, RESELLERS, AND CONTENT PROVIDERS MAKE NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, OR NON-INFRINGEMENT. PRODUCTS OR SERVICES SOLD OR AVAILABLE IN THE STORE ARE WARRANTED, IF AT ALL, ONLY UNDER ANY LICENSE AGREEMENTS OR MANUFACTURER’S WARRANTIES THAT ACCOMPANY THEM. EXCEPT AS PROVIDED UNDER AN ACCOMPANYING LICENSE AGREEMENT OR MANUFACTURER’S WARRANTY AND SUBJECT TO YOUR STATUTORY RIGHTS:
CATCHUP DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE STORE OR SERVICES. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL DOWNTIME OCCURS. WE DO NOT WARRANT THAT ACCESS TO THE STORE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT CONTENT LOSS WON’T OCCUR.
IF, DESPITE THESE TERMS OF SALE, YOU HAVE ANY BASIS FOR RECOVERING DAMAGES ARISING OUT OF OR RELATING TO THE STORE, SERVICES, OR ANY PRODUCT OR SERVICE OFFERED, TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, YOUR EXCLUSIVE REMEDY IS TO RECOVER FROM CATCHUP OR ITS SUPPLIERS, RESELLERS, DISTRIBUTORS, AND CONTENT PROVIDERS DIRECT TOTAL DAMAGES UP TO (1) THE PRICE OR FEE FOR ONE MONTH OF ANY SERVICE, SUBSCRIPTION, OR SIMILAR FEE (NOT INCLUDING THE PURCHASE PRICE FOR HARDWARE, SOFTWARE, SUPPORT, OR EXTENDED WARRANTIES), OR (2) US $10.00 IF THERE WAS NO SERVICE, SUBSCRIPTION, OR SIMILAR FEE.
YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY APPLY.
For consumers living in New Zealand, you may have statutory rights under the New Zealand Consumer Guarantees Act, and nothing in these Terms of Sale is intended to affect those rights.
27. Limitation of Liability. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE THAT YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, OR LOST PROFITS. The limitations and exclusions IN SECTIONS 26 AND 27 apply even if you incur damages and even if we knew or should have known about the possibility of the damages. SOME STATES OR PROVINCES/territories DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ALL CLAIMS, UNDER ANY LEGAL THEORY, RELATED TO THE STORE, THE SERVICES, THESE TERMS OF SALE, OR ANY PRODUCT OR SERVICE OFFERED, INCLUDING LOSS OF CONTENT, ANY VIRUS OR MALWARE AFFECTING YOUR USE OF THE STORE OR SERVICES OR ANY PRODUCT OR SERVICE ACQUIRED FROM THE STORE; AND DELAYS OR FAILURES IN STARTING OR COMPLETING TRANSMISSIONS OR TRANSACTIONS.
28. Interpreting These Terms. All parts of these Terms of Sale apply to the maximum extent permitted by the relevant law; you may have greater rights in your jurisdiction of residence (or, if a business, your principal place of business). If it is determined that we can’t enforce a part of these Terms of Sale as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms of Sale won’t change. These Terms of Sale are solely for your and our benefit; they aren’t for the benefit of any other person, except for CatchUp’s successors and assigns. Other terms may apply if you purchase products or services from other CatchUp websites.
29. Assignment. To the extent permitted by applicable law, we may assign, transfer or otherwise dispose of our rights and obligations under these Terms of Sale, in whole or in part, at any time without notice to you. You may not assign or transfer any rights under these Terms of Sale.
30. Notices and Communication. For customer support inquiries, please see the Sales and Support page in the Store. For disputes, follow the notice procedure in this section.
31. Governing Law. The validity and construction of this Agreement and all matters pertaining thereto are to be determined in accordance with the laws of the California, without reference to the conflicts of laws provisions thereof. Customer agrees that any proceedings related to this Agreement, including any suit filed against Catchup Calendar, shall be brought in the Courts of the Delaware, USA.
32. Notices. a. Notices and procedure for making claims of intellectual property infringement. CatchUp respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please contact us from the link athttps://www.catchupcalendar.com/contactus
b. Copyright and Trademark Notices.
All contents of the Store and Services are Copyright ©2020 CatchUp Calendar Inc. All rights reserved. We own the title, copyright, and other intellectual property rights in the Store, Services and content. CatchUp and the names, logos, and icons of all CatchUp products and services may be either trademarks or registered trademarks of CatchUp in the United States, Canada and/or other countries.
The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms of Sale are reserved.
33. Safety Warning. To avoid possible injury, discomfort or eye strain, you should take periodic breaks from use of application/software, especially if you feel any pain or fatigue resulting from usage. If you experience discomfort, take a break. Discomfort might include feelings of nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using applications can distract you and obstruct your surroundings. Avoid trip hazards, stairs, low ceilings, fragile or valuable items that could be damaged. A very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in applications. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include lightheadedness, altered vision, twitching, jerking or shaking of limbs, disorientation, confusion, loss of consciousness, or convulsions. Immediately stop using and consult a doctor if you experience any of these symptoms, or consult a doctor before using the applications if you’ve ever suffered symptoms linked to seizures. Parents should monitor their children’s use of applications for signs of symptoms.