Catalyst Terms and Conditions of Use
These Terms and Conditions of Use (“Terms of Use”) apply to the University of Oregon’s (“UO”) Catalyst portfolio assessment delivered online at https://catalyst.uoregon.edu (“Catalyst”). BY USING CATALYST, YOU AGREE TO THESE TERMS OF USE.
1. Background
1.1. Catalyst is a goal setting and professional collaboration and reflection tool offered by the UO’s Center for Applied Second Language Studies (“CASLS”) that allows educators to set professional goals and to document their progress and reflections toward meeting those goals. Educators gain Access to Catalyst by completing the registration process to create their own account at https://catalyst.uoregon.edu.
1.2. Catalyst is provided by CASLS and includes contributions from the Professionals in Education Advancing Research and Language Learning (PEARLL) and the National Foreign Language Center (NFLC) at the University of Maryland. Catalyst incorporates the Teacher Effectiveness for Language Learning (TELL) Framework.
1.3. You are an individual over the age of 18 who has registered for a login for yourself (“Individual”).
2. Definitions
2.1. “Access” means method of gaining password-controlled access to Catalyst.
3. Grant
3.1. Provided Individuals conform to these Terms of Use, UO hereby grants Individuals a limited, non-exclusive, license to Access and use Catalyst.
3.2. Individuals shall not distribute, publish, sell, import or otherwise transfer or allow to be transferred any part of Catalyst or copies thereof, in whole or in part, to third parties without the prior written permission of UO.
3.3. All materials displayed or performed on Catalyst (including, but not limited to text, graphics, articles, photographs, images, illustrations, sound clips, videos (the “Content”) may be protected by copyright and other intellectual property laws. Individuals shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through Catalyst.
4. Individual’s Obligations
4.1. Individuals agree they will personally comply with these Terms of Use and all state and government regulations applicable to Individuals’ use of Catalyst. Individuals provide permission and consent under applicable privacy laws, including but not limited to GDPR, to the UO to use their information they provide to the UO or enter into Catalyst for the purpose of providing Catalyst and as otherwise outlined in these Terms of Use.
4.2. Access by Individuals is restricted to those Individuals over 18 years of age or emancipated minors and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties in these Terms of Use. By gaining Access, Individuals represent that they are over 18 years of age.
4.3. Catalyst is part of a research study at the UO involving human subjects. The research protocol (IRB Protocol Number 02202019.029) has been reviewed by the UO Institutional Review Board and UO Research Compliance Services. This is a minimal risk research protocol that qualifies for an exemption from IRB review under 45 CFR 46.104(d)(2) for research that includes only interactions involving educational tests (cognitive, diagnostic, aptitude, achievement), survey procedures, interview procedures, or observation of public behavior (including visual or auditory recording). All information obtained cannot be readily or directly associated with a particular individual.
4.4. Following CASLS granting Access codes, Individuals may not transfer that account to another person.
5. Support
5.1. UO may provide Individuals with updates of Catalyst components as such updates have been made generally available and as UO determines them to be necessary. UO will provide nd Individuals with technical assistance on the use of all Catalyst components, on an “as available” basis.
5.2. For technical assistance contact catalyst@uoregon.edu.
6. Delivery
6.1. To gain Access to Catalyst, Individual must register for a Catalyst Account. To complete the registration process, visit https://catalyst.uoregon.edu.
7. Term
7.1. Individual’s term of use for Catalyst will commence upon registration and conformance with these Terms of Use.
8. Termination
8.1. Individuals may terminate their license of and Access to Catalyst at any time upon written notice via email to catalyst@uoregon.edu.
8.2. UO may immediately terminate Individual’s license of and Access to Catalyst at its discretion, upon written notice to Individual via email, if Individual is in breach of these Terms of Use. UO’s right to terminate under this clause is in addition to any and all other legal remedies which UO may have for the enforcement of any and all terms thereof, and do not in any way limit any other legal remedy UO may have.
8.3. UO reserves the right to remove any Content from, or to cease providing, Catalyst at any time and for any reason (including, but not limited to Content that in any manner (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any controlling law, statute, ordinance or regulation; (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of an Individual’s account in any way) or for no reason at all.
8.4. For assistance with termination of Catalyst contact catalyst@uoregon.edu.
9. Disclaimers
9.1. Catalyst was developed as part of research conducted at the University of Oregon. It is experimental in nature and is available “AS IS,” without obligation by UO to provide Individual services or support except as specified in these Terms of Use. The entire risk as to the quality and performance of Catalyst is with the Individual.
9.2. INDIVIDUALS EXPRESSLY AGREE THAT CATALYST IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
9.3. IN NO EVENT SHALL UO BE LIABLE TO INDIVIDUALS OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS OR PROFITS, DATA, OR USE OF CATALYST OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF, OR INABILITY TO USE CATALYST, EVEN IF INDIVIDUALS WERE PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY INDIVIDUALS OR ANY OTHER PERSON.
10. Indemnification
10.1. To the extent allowed by controlling law, Individual shall indemnify and hold harmless UO and its officers, faculty, employees, students and agents, against any and all third party claims, suits, losses, damages, costs, fees and expenses resulting from Individual’s use of Catalyst, including but not limited to any damages, losses or liabilities whatsoever with respect to death or injury to any person and damage to any property. This indemnification clause shall survive Individual terminating their use of Catalyst.
10.2. Except to the extent arising from materials provided to Individual by UO, which materials are utilized by Individual in their unaltered form and without limiting the generality of the indemnification clause referenced above, Individual expressly agrees to indemnify and hold harmless UO and its directors, officers, employees, and agents from and against any and all claims, suits, actions, losses, liabilities, costs, expenses, and damages arising out of or related to any claims that content provided by Individual infringes any patent, copyright, trade secret, trademark, trade dress, mask work, utility design, or other proprietary right of any third party.
10.3. In accordance with these Terms of Use, UO is acting as an Internet Service Provider as defined in the Digital Millennium Copyright Act (DMCA). For more information on the DMCA visit http://www.copyright.gov/legislation/dmca.pdf. Upon identification of material infringing an owner’s copyright, and notification to UO by the copyright owner, content will be removed per DMCA procedures.
11. General
11.1. These Terms of Use will be construed in accordance with, and governed by, the laws of the State of Oregon, without regard to principles of conflicts of law. Any suit, action, or proceeding arising out of or relating to these Terms of Use shall be brought and conducted solely and exclusively within the Circuit Court of Lane County for the State of Oregon, U.S.A.; provided, however, that if a claim must be brought in a federal forum, then it shall be brought and adjudicated solely and exclusively within the United States District Court for the District of Oregon. In no event shall this section be construed as a waiver by the State of Oregon of its sovereign immunity. INDIVIDUALS, BY ACCEPTANCE OF THESE TERMS OF USE, HEREBY CONSENT TO THE IN PERSONAM JURISDICTION OF SAID COURT(S). The United Nations International Conventions on the Sale of Goods (CISG) of 1980 shall not apply.
11.2. If any provision of these Terms of Use shall be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be in any way affected or impaired thereby.
11.3. The relationship between Individual and UO under these Terms of Use is that of independent contractors. Nothing in these Terms of Use shall be deemed to constitute a partnership, agency, joint venture or contract of employment between the Individual and UO. Neither Party will have any power or authority to bind the other Party in any transaction with a third party.
11.4. Any additional agreements offered by UO to Individuals are supplemental to these Terms of Use and Individual’s breach of any other agreements with UO will terminate their license under these Terms of Use. These Terms of Use supersede all other agreements or terms and conditions for the use of Catalyst.