Catalyst Terms and Conditions of Use
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”).
2.1. “Access” means method of gaining password-controlled access to 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
4.3. 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.
5.1. 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 firstname.lastname@example.org.
6.1. To gain Access to Catalyst, Individual must register for a Catalyst Account. To complete the registration process, visit https://catalyst.uoregon.edu.
8.1. Individuals may terminate their license of and Access to Catalyst at any time upon written notice via email to email@example.com.
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 firstname.lastname@example.org.
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.
10.1. 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.