TERMS OF USE AND PRIVACY POLICY

TERMS OF USE
Welcome to the website of Catapult Learning, doing business as Catapult Learning®. By accessing, browsing or using our website, you are agreeing to comply with and be bound by the following Terms of Use (the “Terms”) and all terms and conditions incorporated by reference. Please review these Terms carefully before using the website and information provided by Catapult Learning®. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE OUR WEBSITE.

Catapult Learning® may, without notice to you, at any time amend these Terms and any other information contained on this website. The latest Terms will be posted on our website, and you should review the Terms prior to using the website. Your continued use of the websites after any changes to these Terms are posted will be considered acceptance of those changes.

The following websites located in the table below are owned or operated by Catapult Learning®, or separate and distinct operating subsidiaries of Catapult Learning®, as listed below:

SCOPE OF TERMS. These Terms apply to the Catapult Learning® website located at www.CatapultLearning.com(the “Catapult Learning® Website”). These Terms also apply to any and all online resources, materials, download areas, tools and interactive venues provided on the Catapult Learning® Website, including without limitation, blogs, community forums, chat rooms, discussion sites, knowledge centers, service offerings information (hereinafter, “Online Mediums”), both now and in the future.

OWNERSHIP OF CONTENT. The Catapult Learning® Website; their past, present and future versions; all pages found within the Catapult Learning® Website; the materials and information on the Catapult Learning® Website; all graphics, text, images, audio, videos, webinars, designs, compilation, articles, artwork, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained on the Catapult Learning® Website (hereinafter, the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to Catapult Learning®; are protected by intellectual property laws (the “Intellectual Property Laws”), including but not limited to copyright, trademark, domain name, trade secret and other proprietary rights and unfair competition laws. In using the Catapult Learning® Website or the Content, you acknowledge and agree to abide by all applicable Intellectual Property Laws, as well as any specific notices contained on the Websites. All rights not expressly granted are reserved.

The Catapult Learning® Website and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without Catapult Learning’s express prior written authorization. You are granted permission to display on your computer, print and download the Content on this Website solely for your own personal, non-commercial and educational use. You must retain copyright and other notices on any copies of the Content you make. Certain Content and documents available on this Website are open source Content and documents subject to the applicable open source license and are so marked. Your use of those materials is governed by the individual applicable license. Unauthorized use of the Catapult Learning® Website or the Content contained on or available through the Catapult Learning® Website or any linked websites may violate applicable Intellectual Property Laws or other laws.

The Catapult Learning® Website, Online Mediums and Content may contain user or third party submitted content, such as feedback and suggestions, post or submissions and other materials (hereinafter, the “Submissions”) intended for review by general public, or by members of any public or private community. Catapult Learning® does not claim ownership of the third party submitted content and shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions. Submissions are not reviewed, approved or endorsed by Catapult Learning® and are provided solely for convenience to Catapult Learning® customers and users. Catapult Learning® reserves the right to monitor, restrict access to, edit or remove any Content available via the Online Mediums.

LIMITATION OF LIABILITY. You expressly understand and agree that Catapult Learning® and any contributor to the user generated content via Online Mediums (“Catapult Learning® Licensors”) SHALL NOT BE LIABLE to you for:

1) any loss or damage which you may incur, including without limitation as a result of any reliance placed by you on the accuracy, completeness or suitability of the Content, or any changes Catapult Learning® and Catapult Learning® Licensors may make to the Websites, Online Mediums and Content, or any temporary interruption or permanent cessation in the provision of the Online Mediums and Content, or, if applicable, your failure to safeguard your account details or passwords.

2) to the full extent permitted by law, Catapult Learning® and Catapult Learning® Licensors are not liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages arising out of or in connection with your use of or related to the Websites, Online Mediums and Content (including without limitation for loss of or damage to business, revenues, goodwill or data) even if Catapult Learning® and Catapult Learning® Licensors had previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract, negligence or other tortuous action.

3) Since some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, portions of the above limitation or exclusion may not apply to you.

INDEMNIFICATION. You agree to indemnify and hold Catapult Learning® and Catapult Learning® Licensors, and each of their subsidiaries, affiliates, shareholders, officers, directors, agents, employees, and representative, harmless from any and all claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the Websites, Online Mediums and Content; (ii) content you submit, post, transmit or otherwise make available via the Website and Online Mediums; or (iii) your violation of these Terms or Website specific Terms and Conditions.

COPYRIGHTS INFRINGEMENT COMPLAINTS. You may not use the Catapult Learning® Website, Content or Online Mediums for any purpose or in any manner that infringes the rights of any third parties. Catapult Learning® encourages you to report any content on the Catapult Learning® Website that you believe infringes your copyright. If you would like to submit a Copyright Infringement Complaint, click here.

TRADEMARKS. The trademarks, service marks, logos, slogans and domain names (“Marks”) referenced on the Catapult Learning® Website are either common-law service marks, trademarks or registered service marks or trademarks of Catapult Learning® or one of its subsidiaries and are protected by trademark laws. Other names of actual companies and products mentioned on the Catapult Learning® Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement or association with Catapult Learning®. Nothing contained on the Catapult Learning® Website should be construed as granting, by implication or otherwise, any license or right to use any Marks displayed on the Catapult Learning® Website. You are not permitted to use any Marks displayed on the Websites, metatags or any other “hidden text” utilizing Marks of Catapult Learning® and its licensors, without prior written permission of Catapult Learning® or such third party who may own the Mark.

NO UNLAWFUL OR PROHIBITED USE. You agree not to upload, post or otherwise transmit via the Online Mediums any content that: (i) is misleading, harmful, threatening, discriminatory, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable; (ii) constitutes unauthorized disclosure of personal or confidential information; (iii) infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party; (iv) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information.
You also agree not to use the Catapult Learning® Website or Online Mediums to: (i) impersonate an employee or a representative of Catapult Learning® and subsidiaries; (ii) misrepresent your identity or affiliation with a person or entity; (iii) send bulk mail, spam, or other unsolicited and unauthorized communication; (iv) attempt to gain unauthorized access to any portion or feature of the Catapult Learning® Website or any other system or networks connected to the Catapult Learning® Website or any other services offered through the Catapult Learning® Website, and/or other accounts not belonging to you, or violate security of any portion of the Catapult Learning® Website, by hacking, password mining or any other means; (v) obtain or attempt to obtain any information, materials or documents not purposely made available through the Catapult Learning® Website or Online Mediums through any means; (vi) attempt to interfere with the proper working of the Catapult Learning® Website or any transaction being conducted on the Catapult Learning® Website or to restrict or inhibit any other user from accessing or using the Catapult Learning® Website, by means of hacking or defacing any portion of the Catapult Learning® Website; (vii) violate any applicable local, state or federal law.

PRIVACY POLICY

This notice provides the privacy policy of Catapult Learning® sharing of any Personally Identifiable Information (“PII”) or Protected Health Information (“PHI”) collected via this website. Our privacy policy explains our information practices when you provide PII or PHI to us, whether collected online or offline, or when you visit us online to browse, obtain information, or conduct a transaction, including but not limited to conducting business, interacting with our employees, filling out a form, sending an email or any similar transaction. PII may include: your name, email, mailing and/or home address, phone numbers, or other information that identifies you personally. The 18 PHI identifiers are: names, dates (except years), telephone numbers, geographic data, fax numbers, social security numbers, email addresses, medical record numbers, account numbers, health plan beneficiary numbers, certificate/license numbers, vehicle identifiers and serial numbers including license plates, web URLs, device identifiers and serial numbers, internet protocol addresses, full face photos and comparable images, biometric identifiers (i.e. retinal scan, fingerprints), and any unique identifying number or code. We do not require you to register or provide personal information to visit our website. We ask that you do not submit any PHI via the Catapult Learning® Website.

The PII you provide on the Catapult Learning® website will be used only for its intended purpose. We will protect your information consistent with the principles of the Privacy Act of 1974, 5 U.S.C. § 552a (the “Privacy Act”), the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and the Family Educational Rights and Privacy Act (“FERPA”).

PII and PHI. Generally, Catapult Learning® does not collect PII and PHI when you visit our website unless you choose to provide such information to us. We ask that you do not submit any PHI via the Catapult Learning® Website. Submitting PII through our website is voluntary and you do so at your own discretion. By doing so, you are giving Catapult Learning® your permission to use the PII for the stated purpose. However, not providing certain PII may result in Catapult Learning’s inability to provide you with the service you desire.

If you choose to provide us with PII through our website, through such methods as completing a web form or sending us an email, Catapult Learning® will use that information to help to provide you with the information or service that you have requested or to respond to your message. The information we may receive from you varies based on what you do when visiting our sites.

Any PII or PHI collected through services rendered to you by Catapult Learning® will be subject to our Privacy Practices, which is expressly made part of, and hereby incorporated into, this Agreement. You hereby acknowledge that you have read and understood the terms of our Privacy Practices. Notwithstanding the foregoing, if you send emails, text messages, or utilize the “Contact Us” form on the Website you understand and agree that such forms of communications are not encrypted and is not transmitted in a secured format. By communicating with us through email, text, or the “Contact Us” form, you accept the risks associated thereof. Company does not accept responsibility or liability for any loss or damage arising from the use of such forms of communication. To ensure the safety of your PHI, please contact us via telephone.

EMAIL. Many of the pages on our websites allow you to send us an email. We will use the information you provide to respond to your inquiry. We will only send you general information via email or newsletter. You should be reminded that email may not necessarily be secure against interception. Therefore, we suggest that you do not send sensitive personal data (such as your Social Security number) to us via email. If your intended email communication is very sensitive, or includes information such as your bank account, credit card, or Social Security number, you should instead send it by U.S. mail. Another alternative may be submission of data through a secure web page, if available.

AUTOMATICALLY COLLECTED INFORMATION. We collect and temporarily store certain information about your visit for use in site management and security purposes only. We collect and analyze this information because it helps us to better design our website to suit your needs. We may also automatically collect information about the web content you view in the event of a known security or virus threat. We may share the above information with our employees or representatives with a “need-to-know” in the performance of their official duties, or other named representatives as needed to quickly process your request or transaction. This information is only used to help us make our site more useful for you. Raw data logs are retained temporarily as required for security and site management purposes only.

DISCLOSURE TO THIRD PARTIES. Catapult Learning® does not sell, trade, or otherwise transfer your personal information to outside third parties, except as outlined in this Privacy Policy.

Catapult Learning® may disclose your personal information when we believe release is appropriate to comply with applicable law, enforce our Website’s policies, or protect ours or other’s rights, property, or safety.
Catapult Learning® uses third parties (including contractors and service providers) to help with certain aspects of its operations, which may require disclosure of your Personal Information to them. For example, Catapult Learning® may use a third party to communicate with you (via telephone, email, or letter) about our services, to send information to you, to host the Website and related databases, and to perform other work that we may choose to outsource. Catapult Learning® requires these third parties to use your Personal Information only as necessary to perform the services they are asked to perform, and these third parties must agree to keep this information confidential.

Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

THIRD-PARTY WEBSITES AND APPLICATIONS. Catapult Learning® uses social media websites and other kinds of third-party websites. Social media websites are used to publicize Catapult Learning® events and engage with members of the public. Catapult Learning® also uses web measurement and customization technologies to measure the number of visitors to our websites and their various sections and to help make our websites more useful to visitors. In such cases, the third-party application may request an email address, username, password, and geographic location (e.g., State, region, or ZIP code) for account registration purposes. Catapult Learning® uses third-party websites to solicit and collect PII from individuals for the purposes clearly stated when the PII is collected, specifically for enrollment, recruiting or lead capture. Any PII passively collected (i.e., not solicited) by the third-party website will not be transmitted or stored by Catapult Learning®; no PII will be disclosed, sold or transferred to any other entity outside Catapult Learning®, unless required for law enforcement purposes or by statute.

INFORMATION COLLECTED FOR TRACKING AND CUSTOMIZATION (COOKIES). A cookie is a small file that a website transfers to your computer to allow it to remember specific information about your session while you are connected. Your computer will only share the information in the cookie with the website that provided it, and no other website can request it. There are two types of cookies:

Session: Session cookies last only so long as your web browser is open. Once you close your browser, the cookie is deleted. Websites may use session cookies for technical purposes such as to enable better navigation through the site, or to allow you to customize your preferences for interacting with the site.

Persistent: Persistent cookies are saved on a user’s hard drive in order to determine which users are new to the site or are returning, and for repeat visitors.
If you do not wish to have session or persistent cookies stored on your machine, you can turn cookies off in your browser. You will still have access to all information and resources at Catapult Learning® websites. However, turning off cookies may affect the functioning of some Catapult Learning® websites. Be aware that disabling cookies in your browser will affect cookie usage at all other websites you visit as well.

SECURITY. Catapult Learning® takes the security of all PII very seriously. We take precautions to maintain the security, confidentiality, and integrity of the information we collect. We also employ various security technologies to protect the information stored on our systems. We routinely test our security measures to ensure that they remain operational and effective.

We take the following steps to secure the information we collect:

• Employ internal access controls to ensure that only personnel who have access to your information are those with a need to do so to perform their official duties.
• Train appropriate personnel on our privacy and security policies and compliance requirements.
• Perform regular backups of the information we collect online to ensure against loss.
• Use technical controls to secure the information we collect online including, but not limited to:
  • Secure Socket Layer (SSL)
  • Encryption
  • Firewalls
  • Password protections
• Periodically test our security procedures to ensure personnel and technical compliance.
• Employ external access safeguards to identify and prevent unauthorized access by outsiders that attempt to “hack” into, or cause harm to, the information contained in our systems.

VISITING OUR WEBSITES. Our website may contain links to governmental agencies, private organizations, and some commercial entities. These websites are not within our control and may not follow the same privacy, security, or accessibility polices. Once you link to another site, you are subject to the policies of that site.

INTERACTION WITH CHILDREN ONLINE

Catapult Learning® is committed to the protection of children’s online privacy. The Children’s Online Privacy Protection Act (“COPPA”) governs information gathered online from or about children under the age of 13. Verifiable consent from a child’s parent or guardian is required before collecting, using, or disclosing personal information from a child under age 13. If a Catapult Learning® website intends to collect information about children under 13 years old, COPPA-required information and instructions will be provided by the specific web page that collects information about the child. The web page will specify exactly what the information will be used for, who will see it, and how long it will be kept.

When you submit online application form to request admission for your child to a Catapult Learning® program, you will provide Personal Information, Educational and/or Health Information, and Family Information. If your child is referred to Catapult Learning® by a referring school district, his or her permanent files are maintained by the school district. Catapult Learning® retains files for students who are enrolled in non-public schools, charter schools or who are private-pay students. Catapult Learning® retains files for clients for therapy services. In all cases, Catapult Learning® follows all standard records retention regulations and all policies and procedures of FERPA and HIPAA.