Welcome to the Platform (defined below). These Terms and Conditions of Use ("Agreement") govern your access to and use of the Platform, including any content, features, and services offered through the Platform.
The owner and creator of this Platform is Technology Natives, LLC (hereinafter referred to as "Technology Natives", “we”, “our”). By accessing or using the Platform, you agree to be bound by this Agreement. If you do not agree to this Agreement, please do not use the Platform. The most current version of the Agreement, which supersedes all previous versions, can be reviewed by going to www.catalyst4connections.com. Technology Natives reserves the right to change the Agreement at any time, with or without notice to you.
1. Definitions.
(a) “The Platform” – A web-based software located at www.catalyst4connections.com where the Users can access the Questionnaires.
(b) “Care Recipient” – An individual who resides full time at a partnering health care facility.
(c) “Authorized Representative” – An individual who is the medical power of attorney of the Care Recipient, or is authorized by the medical power of attorney to access the Platform for the purpose of providing information on behalf of the Care Recipient.
(d) “Care Provider” – A healthcare provider who is employed at a partnering health care facility.
(e) “Care Recipient Questionnaire” – A list of specific questions about the Care Recipient that are answered by the Authorized Representative and shared with the Care Provider through a unique QR code.
(f) “Care Provider Questionnaire” – A list of specific questions about the Care Provider that are answered by the Care Provider and shared with the Authorized Representative through a unique QR Code.
(g) “User” – (also referred to as "you") Any individual that accesses the Platform including Authorized Representatives and Care Providers.
2. Services.The Platform is designed to facilitate connections between Care Recipients and Care Providers. An Authorized Representative can access the Platform and fill out the Care Recipient Questionnaire. This information will then be shared with the Care Recipient’s designated Care Provider through a unique QR code. Care Providers can also complete a Care Provider Questionnaire which will then be shared with the Authorized Representative through a unique QR code.
3. User Responsibilities.
(a) Eligibility. By using the Platform, you affirm that you are at least 18 years old and have the legal capacity to enter into this Agreement.
(b) Account Creation. In order to use features of the Platform, you are required to create an account (“User Account”). You agree to provide accurate, current, and complete information when creating your User Account. You are responsible for maintaining the confidentiality of your User Account credentials and for all activities that occur under your User Account. You must notify us immediately of any unauthorized use of your User Account.
(c) Sharing Information. When sharing information on the Platform, you agree to comply with all applicable laws and regulations regarding privacy, data protection, and patient confidentiality. You are solely responsible for obtaining any necessary consents and permissions from Care Recipients or their legal representatives prior to sharing information on the Platform.
(d) Prohibited Activities. You agree not to engage in any of the following activities:
(i) Using the Platform or features of the Platform in any way not expressly permitted by these Terms;
(ii) Violating any applicable laws or regulations;
(iii) Impersonating any person or entity, falsely stating or misrepresenting your affiliation with a person or entity, or otherwise provide any false information using the Platform;
(iv) Interfering with or disrupting the operation of the Platform or the servers or networks used to make the Platform available;
(v) Sharing any User Account information, including password with any third party or using any third-party’s password;
(vi) Attempting to gain unauthorized access to the Platform, user accounts, or computer systems or networks connected to the Platform;
(vii) Engaging in any form of automated data collection or scraping;
(viii) Posting or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
(ix) Uploading, transmitting, or distributing any computer viruses, worms, or other malicious code;
(x) Collecting, copying, modifying, reproducing, translating, localizing or otherwise creating or using derivatives or copies of any part of the Platform or any information received from the Platform, except as expressly permitted under this Agreement;
(xi) Transferring, renting, leasing, lending, reselling, distributing, sublicensing, selling transferring, or otherwise using or commercially exploiting the Platform or any related information;
(xii) Using the Platform in any way that could, in our sole judgment, interfere with any other party’s use or enjoyment of the Platform, impair our networks or servicers, or expose us or any third party to any claims of liability whatsoever, or use software or other means to access, “scrape,” “crawl,” or “spider,” any webpages or other services from the Platform. If you are blocked from the Platform, you agree not to implement any measures to circumvent such blocking;
(xiii) Removing or altering any copyright or other proprietary rights or notices on the Platform;
(xiv) Directly or indirectly authorizing any other person to take actions prohibited in this Agreement; or
(xv) Reverse engineering, disassembling, decompiling, or otherwise attempting to discover the source code or underlying algorithms of all or any part of our Platform;
(xvi) Sharing of any personal medical information of a Care Recipient.
(e) Account Acceptance and Termination of Account. Technology Natives is under no obligation to accept any individual as a User, and we reserve the right to accept or reject any registration for a User Account in our sole discretion. In addition, Technology Natives reserve the right to suspend a User Account and access to the Platform indefinitely or stop providing services to a User indefinitely if the User does not comply with this Agreement or other policies or if we are investigating suspected misconduct.
4. License to use Platform.Subject to this Agreement and to any additional terms and conditions related to our Platform, Technology Natives hereby grants Users, during the term of this Agreement, a limited, non-exclusive, non-transferable, revocable license (“License”) to access the Platform and features of the Platform through a single User Account. Technology Natives reserves all rights in and to the Platform and features of the Platform not expressly granted to Users under this License. Upon termination of this Agreement for any reason, the License granted herein will terminate immediately and all rights expressly given will revert back to Technology Natives.
5. Fees.In consideration of using the Platform, you agree to pay all fees specified by our Platform, as we may, in our sole discretion, change from time to time (the “Fees”). You authorize us to charge your stored payment method in order to collect any Fees due in connection with your use of the Platform.
6. User Information; Privacy Policy.Our Privacy Policy explains how we collect and use your information and how we protect your privacy when you use our Platform. By using our Platform, you agree that Technology Natives may use your information in accordance with our Privacy Policy. Technology Natives makes commercially reasonable efforts to collect and use your information securely and in accordance with the Privacy Policy and applicable law. You acknowledge that you are solely responsible for the completeness and accuracy of any information you provide to us. Although we disclaim any legal duty to verify the accuracy of any information you provide to us when creating an account, if we believe any information you provide is not current, complete, and accurate, we have the right to refuse access to our Platform. To protect your User Account, keep your password confidential. You acknowledge that you are solely responsible for any activity that happens on or through your User Account, whether or not you authorized such activity. If you learn of any unauthorized use of your User Account or password, or any other breach of security related to your account, you must contact us at admin@catalyst4connections.com. We are not liable for any loss you or another party may incur as a result of someone else using your account or password without your knowledge. However, you may be held liable for losses incurred by Technology Natives or another party as a result of someone else using your account or password. You may not use anyone else’s account at any time. Your failure to provide complete and accurate information, to protect your User Account and password, or to report unauthorized access of your User Account or password may constitute a Prohibited Act or breach of this Agreement.
7. Limitations of Liability and Indemnification.By accessing the Platform, you agree that in no event will Technology Natives, its officers, employees, agents, affiliates, licensees, and web hosting services be liable for any direct or indirect, incidental, special, or consequential damages as a result of your accessing the Platform and using any of the Platform’s features available. Your sole remedy for any breach or default of this Agreement by Technology Natives shall be a return of any fees paid to Technology Natives for any services provided under this Agreement. You indemnify and agree to defend and hold harmless Technology Natives, its and their officers, employees, agents, affiliates, licensees, and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of the Platform including any breach by you of this Agreement.
8. Important Note Regarding Content of Digital Property.The information and content (collectively, “Content”) on the Platform is for general educational information only. We are not a healthcare provider. We do not recommend any healthcare services, supply, or treatment for you. The Content should not be considered medical advice, financial advice, legal advice, or tax advice. You are responsible for protecting your username (e.g., the email address and password that you provide when registering with the Platform or other activation codes), and if they are compromised, you agree to change your username and password immediately.
9. Right to Monitor.Technology Natives reserve the right, but are not obligated, to monitor materials posted by Users and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the Platform.
10. Intellectual Property.
(a) Technology Natives owns and retains all proprietary rights to the Platform, its trademarks, copyrights, all software, and other technology relating to the Platform, and all text, images, data, information, and other content (collectively, “Technology Natives Intellectual Property”) including all intellectual property rights therein, displayed, available, or appearing on the Platform. The software coding and the look and feel of our Platform are copyrighted by and the property of Technology Natives and all rights are reserved to Technology Natives. None of the Technology Natives Intellectual Property may be retransmitted without prior express, written consent for each instance. You have no rights in or to Technology Natives Intellectual Property, and you may not use Technology Natives Intellectual Property except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notice contained in the original Technology Natives Intellectual Property. You may not sell, transfer, assign, license, sublicense or modify Technology Natives Intellectual Property or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use Technology Natives Intellectual Property in any way for any public or commercial purpose. The use or posting of Technology Natives Intellectual Property on any other website or in a networked computer environment for any purpose is expressly prohibited.
(b) Trademarks. The trademarks, service marks, and logos of Technology Natives, including, but not limited to TECHNOLOGY NATIVES™ and CATALYST4CONNECTIONS™ (the “Technology Natives’ Trademarks”) located, used, or displayed on the Platform or Services are registered and unregistered trademarks or service marks of Technology Natives. Other company, product, and service names located, used, or displayed in connection with the Platform or Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with the Technology Natives’ Trademarks, the “Trademarks”). The offering of the Platform shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Platform without our prior written permission specific for each such use. The Trademarks may not be used to disparage Technology Natives, any third party, or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Technology Natives approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Technology Natives’ Trademark shall inure to Technology Natives’ benefit.
(c) Violation of any part of this section shall terminate your permissions to access and use the Platform and Technology Natives’ Intellectual Property and you must immediately destroy any copies you have made of the Platform or Technology Natives’ Intellectual Property.
11. User Generated Content.
(a) The Questionnaires allow Users to share certain information upload photographs through the Platform (“User Generated Content”). You expressly acknowledge and agree that once you submit User Generated Content to or through the Platform, you give Technology Natives and those we work with a worldwide, royalty-free, perpetual, transferable, irrevocable, sub-licensable, non-exclusive right and license to copy, record, synchronize, transmit, format, host, store, reproduce, modify, compile, combine, with other content, adapt, translate, sell, create derivative works of, communicate, publish, perform, display, promote, link to, distribute, and otherwise use or exploit, in any form or media, such User Generated Content. The rights you grant us in this license are for the limited purpose of operating, promoting, and improving our Platform and services, and developing new ones. You hereby waive any and all moral right to use the name you submitted with your User Generated Content. You represent and warrant that you have the necessary rights, power, authority, and privileges to grant us this license. This license continues even after you stop using the Platform.
(b) Technology Natives does not claim, and you do not transfer, any ownership rights in any of your User Generated Content and nothing in these Terms restricts any rights you may have to use and exploit your User Generated Content outside of our Platform. You retain ownership of any intellectual property rights that you hold in your User Generated Content.
(c) You expressly acknowledge and agree that once you submit User Generated Content to or through our Platform, it will be accessible by others through a unique QR Code, and you have no expectation of or right to confidentiality or privacy with respect to such User Generated Content, including but not limited to, any personally identifying information that you may make available, and that your User Generated Content may be disclosed through the QR Code to unknown persons and without control by Technology Natives. Please do not share any information on the Platform that you do not wish to be shared through the unique QR Code. Please do not share private personal or medical information via the Questionnaire. We reserve the right to remove any information that we deem necessary to ensure the privacy of Care Recipients and Users in our sole and absolute discretion.
(d) You expressly acknowledge and agree that you are entirely responsible for User Generated Content that you post, create, upload, submit, store, send or receive to or through our Platform and that your User Generated Content does not contain any libelous, defamatory, or obscene material or other content that violates the terms of this Agreement. We do not endorse any User Generated Content and nothing in this Agreement obligates us to use any User Generated Content. We may remove User Generated Content that violates the Agreement, or that is offensive or otherwise unacceptable to use in our sole and absolute discretion.
(e) Violation of any part of this section is a Prohibited act, and such violation may terminate your permission to access and use Technology Natives’ Intellectual Property and the Platform.
12. Other Content and Services.The Platform might enable or require access to or use of other services and software of Technology Natives or third parties (collectively, “Other Services”). You hereby acknowledge that use of our Platform may be subject to your acceptance of additional or different terms of use, terms of services, licenses, or similar agreements related to such Other Services. The Platform may display content that is not Technology Natives’. This content is the sole responsibility of the entity that makes it available. We may, but we are not required to review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.
13. Unavailability.We may alter, suspend, or discontinue our Platform in whole or in part, at any time and for any reason, with or without notice. In addition, one or more features of the Platform may be temporarily unavailable from time to time for maintenance or some other purpose. We may, in our sole discretion, terminate or suspend a User’s access to our Platform, in whole or in part, at any time for any reason, with or without notice, including but not limited to a breach or suspected breach of this Agreement or a violation or suspected violation of law by the User. If Technology Natives notifies a User that the User’s access to our Platform is terminated or suspended, such User shall immediately cease and desist from all such access or use.
14. Term, Termination, Survival.This Agreement is effective on the date you first register, access, or use our Platform, and will continue until terminated in accordance with this Agreement. The Agreement automatically terminates upon (i) your breach of this Agreement, or (ii) your failure to comply with any terms or conditions or any Technology Natives’ policy, as determined by Technology Natives in its sole discretion, or (iii) your performance of any Prohibited Act described or defined herein. Technology Natives may terminate this Agreement at any time for any reason, with or without notice. You may terminate this Agreement at any time by ceasing to use the Platform. Upon termination of this Agreement for any reason, you shall cease all use of the Platform. Sections of this Agreement titled “Intellectual Property,” “User Generated Content,” “Term, Termination, Survival,” “No Endorsement,” “Disclaimers,” “Limitation of Liability,” “Release; Indemnification,” “Jurisdiction” and “Severability,” “Waiver,” “Assignment,” “Entire Agreement,” and “Amendment,” shall survive any termination of this Agreement.
15. Relationship of the Parties; No Doctor-Patient Relationship; No Medical Advice.
(a) Nothing Contained in this Agreement or your use of the Platform shall be construed either party as a partner, joint venture, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own legal actions.
(b) You expressly acknowledge and agree that (1) Technology Natives is not a healthcare provider; (2) Technology Natives does not provide any medical or other professional advice, opinion, diagnosis, or treatment, or otherwise engage in the practice of medicine in connection with the Platform; and (3) using the Platform does not create any doctor-patient relationship between you and Technology Natives. You further expressly acknowledge and agree that your reliance on any information provided by Technology Natives is solely at your own risk.
(c) You expressly acknowledge and agree that you are solely responsible for (1) receiving appropriate permissions to communicate directly with any Care Provider or Authorized Representative through the Platform; (2) ensuring that you are submitting information to the correct Care Provider or Authorized Representative through the Platform; and (3) submitting true and accurate information through the Platform.
16. Authorization to Third Parties.You expressly authorize Technology Natives’ service provider Square Inc to originate credit transfers to your financial institution account. You authorize Technology Natives to collect and share with Square your personal information including full name, email address, and financial information, and you are responsible for the accuracy and completeness of that data.
17. No Endorsement.TECHNOLOGY NATIVES DOES NOT ENDORSE OR RECOMMEND ANY PARTICULAR HEALTHCARE PROVIDER. TECHNOLOGY NATIVES DOES NOT MAKE ANY GUARANTEES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, OR ANY INFORMATION PROVIDED TO YOU BY ANY THIRD PARTY. YOU ACKNOWLEDGE THAT IN NO EVENT SHALL TECHNOLOGY NATIVES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY YOU OR ANY OTHER PARTY IN RELIANCE ON ANY SUCH INFORMATION.
18. Disclaimers.YOU UNDERSTAND AND AGREE THAT THE PLATFORM IS PROVIDED SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER TECHNOLOGY NATIVES NOR ANY OF TECHNOLOGY NATIVES’ LICENSORS MAKE ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND AND EACH OF THEM DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, RESULTS, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, EFFECTIVENESS, COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS, OR THAT ANY FEATURE OF THE PLATFORM WILL OPERATE ERROR-FREE, THAT DATA WILL NOT BE LOST, SECURITY, OR THAT ANY FEATURE OF THE PLATFORM OR SERVICES IS FREE OF VIRUSES OR HARMFUL CODES. THE PLATFORM OR SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF COMPUTER SOFTWARE AND HARDWARE, THE INTERNET, AND ELECTRONIC COMMUNICATIONS. TECHNOLOGY NATIVES IS NOT RESPONSIBLE FOR ANY DELAYS, FAILURES, OR DAMAGE OF ANY KIND RESULTING FROM SUCH LIMITATIONS, DELAYS, AND OTHER PROBLEMS, INCLUDING BUT NOT LIMITED TO ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. IN NO EVENT SHALL TECHNOLOGY NATIVES BE LIABLE FOR ANY LOSS OR DAMAGE, DELAY IN PERFORMANCE, OR NONPERFORMANCE CAUSED BY EQUIPMENT MALFUNCTION OR BREAKDOWN, NETWORK OR PIPELINE DISRUPTION, SEVERE WEATHER CONDITIONS, INFORMATION UNAVAILABILITY, STRIKES OR OTHER LABOR DISPUTES, RIOTS, FIRE, INSURRECTION, WAR, FAILURE OF CARRIERS, ACCIDENTS, ACTS OF GOD, OR ANY OTHER CAUSES BEYOND TECHNOLOGY NATIVES’ CONTROL. TECHNOLOGY NATIVES HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESSED OR IMPLIED, REGARDING ANY HEALTHCARE PROVIDER’S QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, OR ACCURACY IN DIAGNOSING OR TREATING ANY MEDICAL CONDITION. TECHNOLOGY NATIVES HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY INACCURATE INFORMATION PROVIDED BY ANY USER OR BY ANY USER’S HEALTHCARE PROVIDER. TECHNOLOGY NATIVES HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY INJURY OR DEATH RESULTING THEREFROM. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
19. Limitation of Liability.IF YOU ARE DISSATISFIED WITH THE PLATFORM OR SERVICES OR ANY OF TECHNOLOGY NATIVES’ TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES, OR PRACTICES, OR OTHERWISE HAVE A DISPUTE WITH TECHNOLOGY NATIVES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USING OUR PLATFORM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TECHNOLOGY NATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE PLATFORM, OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST DATA OR CONTENT, LOSS OF PROFITS, WORK STOPPAGE, BUSINESS INTERRUPTION, MEDICAL MALPRACTICE OR NEGLIGENCE OF ANY HEALTHCARE PROVIDER OR OTHER PARTY UTILIZED THROUGH USE OF THE PLATFORM OR SERVICES, EVEN IF TECHNOLOGY NATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (C) ANY USER GENERATED CONTENT, AS DEFINED IN THIS AGREEMENT, OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES, OR (D) ANY MATTERS BEYOND TECHNOLOGY NATIVES’ REASONABLE CONTROL. THE MAXIMUM AGGREGATE LIABILITY OF TECHNOLOGY NATIVES FOR ALL DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO, ARISING OUT OF OR RELATED TO THE PLATFORM OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT SHALL BE LIMITED TO THE FEES THAT YOU PAID US IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CIRCUMSTANCES GIVING RISE TO YOUR CLAIM OR IF PAID NO SUCH FEES, ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
20. Release; Indemnification.You expressly acknowledge and agree that Technology Natives has no special relationship with or fiduciary duty to you and that Technology Natives has no control over any services provided to you or your family by any healthcare facility or Care Provider. You, for and on behalf of you and your heirs, administrators, executors, successors, and assigns (the “Releasing Parties”) hereby agree to release, waive, and discharge all claims which may arise against Technology Natives and its affiliates, officers, directors, employees, contractors, and licensors (the “Released Parties”), including claims based on any Released Party’s alleged or actual negligence, breach of this Agreement, or breach of any express or implied warranty, arising out of or related to the Platform or this Agreement. Released Parties shall not be liable to Releasing Parties for any damages, whether direct, indirect, incidental, consequential, or otherwise, losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way related to the Platform or this Agreement. You agree to indemnify, defend, and hold harmless Technology Natives and its affiliates, officers, directors, employees, contractors, and licensors from any and all claims, demands, losses, liabilities, and expenses, including attorneys’ fees, arising out of or in connection with (i) your use of the Platform or Services provided by the healthcare facilities and/or the Care Provider; (ii) your breach of violation of this Agreement; (iii) a Released Party’s use of your User Generated Content; or (iv) your violation of the rights of any third party.
21. Jurisdiction.This Agreement or any dispute arising from this Agreement is governed by the laws of Florida, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the Middle District of Florida and you hereby consent to the jurisdiction of any such court.
22. Notices.All notices under this Agreement shall be in writing and shall be delivered in person, or by registered or certified mail, return receipt requested, or sent by a nationally recognized overnight delivery service. If to Technology Natives, all notices shall be sent to Address listed below. If to a User, all notices shall be sent to User’s mailing address or email address provided to Technology Natives by the User when signing up to use the Platform. Notices registered or certified mail shall be deemed delivered five days after mailing, and notices by overnight courier shall be deemed delivered one day after deposit with such courier. Notices by Technology Natives to a User’s email shall be deemed delivered when received.
23. Severability.If any provision of this Agreement is held to be unenforceable for any reason, it shall be adjusted rather than voided, if possible, in order to achieve the intent of the parties to the extent possible. In any event, all other provisions of this Agreement shall be deemed valid and enforceable to the fullest extent possible.
24. Entire Agreement.This Agreement contains the entire agreement between Technology Natives and Users regarding the terms of Users’ use of the Platform and supersedes any prior written or oral agreements between Technology Natives and any User.
25. Assignment.Users may not assign this Agreement or any rights or obligations under this Agreement, by operation of law or otherwise, without Technology Natives’ prior written consent. Technology Natives may assign this Agreement, in whole or in part, and any rights or obligations under this Agreement, without restriction, with or without notice.
26. Amendment.Technology Natives may amend, modify, or supplement (each, a “Change”) this Agreement at any time by posting the changed version of these Terms and Conditions of Use on the Platform. This Agreement may not be otherwise amended except in a writing signed by Technology Natives and a User. A User’s continued use of the Platform following Technology Natives posting of any Change on the Platform constitutes the User’s acceptance of such Change. If a User does agree with the terms of any Change, the User’s sole remedy is to cease using the Platform.
27. Waiver.No failure or delay by Technology Natives to insist upon strict performance of any term, condition, or covenant of this Agreement, or to exercise any right, power, remedy under this Agreement shall constitute a waiver of any such term, condition, covenant, right, power, or remedy of any breach, or preclude Technology Natives from exercising any such right, power, or remedy at any later time.
If you have any further questions, concerns, or comments about these Terms and Conditions of Use or Privacy Policy, you may contact us using the information below:
Technology Natives, LLC.Last Updated: This Terms and Conditions of Use was last updated on January 4, 2024.
We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and our information practices, meaning how and why we collect, use, disclose, sell, share, store, and retain your personal information. It also explains your rights in relation to your personal information and how to contact us or supervisory authorities in the event you have a complaint or request.
We collect, use, and are responsible for certain personal information about you. For California consumers, we are subject to the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA). We are responsible for your personal information as a “business” under the CCPA/CPRA.
1. Key Terms. It would be helpful to start by explaining some key terms used in this policy:
| We, us, our | Technology Natives, LLC DBA Catalyst4Connections |
| Our representative | Jessie Brown, Founder & CEO |
| Personal information | Personal information revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs, or trade union membership; genetic and biometric data; and data concerning health, sex life or sexual orientation. |
| Special category personal information | Personal information revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs, or trade union membership; genetic and biometric data; and data concerning health, sex life or sexual orientation. |
| Sensitive Personal Information | Personal information revealing a consumer's social security number, driver's license and passport numbers, account numbers and credentials, precise geolocation, racial or ethnic origin, religious beliefs, or union membership, personal information concerning a consumer's health, sex life, or sexual orientation, contents of a consumer's mail, email and text messages where the business is not the intended recipient, genetic data, and biometric information. |
| Biometric Information | An individual's physiological, biological, or behavioral characteristics, including information pertaining to an individual's deoxyribonucleic acid (DNA), that is used or is intended to be used singly or in combination with each other or with other identifying data, to establish individual identity. Biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information. |
2. Personal Information We Collect About You.We may collect and use the following personal information, including sensitive personal information, that identifies, relates to, describes, is reasonable capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:
| Categories of Personal Information | Specific Types of Personal Information Collected |
| Identifiers |
|
| Information that identifies, relates to, describes, or is capable of being associated with, a particular individual. |
|
| Characteristics of protected classifications under California or federal law. |
|
| Professional or employment-related information |
|
If you do not provide personal information required to provide products and/or services to you, it may delay or prevent us from providing products and/or services to you.
3. How Your Personal Information is Collected. We collect personal information from the following categories of sources:
4. How and Why We Use Your Personal Information. Under data protection laws, we can only use your personal information if we have a proper reason for doing so, for example:
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
The table below explains what we use (process) your personal information for and our reasons for doing so:
| What we use your personal information for | Our reasons |
| To provide products and/or services to you | For the performance of our contract with you or to take steps at your request before entering into a contract |
| To prevent and detect fraud against you or Technology Natives LLC | For our legitimate interests or those of a third party, i.e., to minimize fraud that could be damaging for us and for you |
| Ensuring business policies are adhered to, e.g., policies covering security and internet use | For our legitimate interests or those of a third party, i.e., to make sure we are following our own internal procedures so we can deliver the best service to you |
| Operational reasons, such as improving efficiency, training, and quality control | For our legitimate interests or those of a third party, i.e., to be as efficient as we can so we can deliver the best service for you at the best price |
| Ensuring the confidentiality of commercially sensitive information |
For our legitimate interests or those of a third party, i.e., to protect trade secrets and other commercially valuable information To comply with our legal and regulatory obligations |
| Statistical analysis to help us manage our business, e.g., in relation to our financial performance, customer base, product range or other efficiency measures | For our legitimate interests or those of a third party, i.e., to be as efficient as we can so we can deliver the best service for you at the best price |
| Preventing unauthorized access and modifications to systems |
For our legitimate interests or those of a third party, i.e., to prevent and detect criminal activity that could be damaging for us and for you To comply with our legal and regulatory obligations |
| Updating and enhancing customer records |
For the performance of our contract with you or to take steps at your request before entering into a contract To comply with our legal and regulatory obligations For our legitimate interests or those of a third party, e.g., making sure that we can keep in touch with our customers about existing orders and new products |
Marketing our services and those of selected third parties to:
|
For our legitimate interests or those of a third party, i.e., to promote our business to existing and former customers |
5. Promotional Communications. We may use your personal information to send you updates (by email, text message, telephone, or post) about our products and/or services, including exclusive offers, promotions or new products and/or services.
We have a legitimate interest in processing your personal information for promotional purposes (see above “How and why we use your personal information”). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.
We will always treat your personal information with the utmost respect and never sell or share it with other organizations for marketing purposes.
You have the right to opt out of receiving promotional communications at any time by:
We may ask you to confirm or update your marketing preferences if you instruct us to provide further products and/or services in the future, or if there are changes in the law, regulation, or the structure of our business.
6. Who We Share Your Personal Information With. We routinely share personal information with:
We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers relating to ensure they can only use your personal information to provide services to us and to you. We may also share personal information with external auditors, e.g., in relation to ISO or Investors in People accreditation and the audit of our accounts.
We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymized, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
We will not share your personal information with any other third party.
7. Personal Information We Sold or Shared. In the preceding 12 months, we have not shared or sold any personal information.
8. Categories of Personal Information We Disclosed for a Business Purpose. In the preceding 12 months, we have disclosed the following categories of personal information for a business purpose to our Service Providers:
(a) Identifiers: a real name, email address.
(b) Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name and telephone number.
(c) Professional information
9. How Long Your Personal Information Will Be Kept. We will keep your personal information while you have an account with us or while we are providing products and/or services to you. Thereafter, we will keep your personal information for as long as is necessary:
We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information.
When it is no longer necessary to retain your personal information, we will delete or anonymize it.
10. California Consumers: Your Rights Under the CCPA/CPRA. You have the right under the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA), and certain other privacy and data protection laws, as applicable, to exercise free of charge:
| Disclosure of Personal Information We Collect About You |
You have the right to know, and request disclosure of:
|
| Disclosure of Personal Information Sold, Shared, or Disclosed for a Business Purpose |
In connection with any personal information we may sell, share, or disclose to a third party for a business purpose, you have the right to know:
We currently do not sell or share your personal information. |
| Right to Limit Use of Sensitive Personal Information |
You have the right to limit the use and disclosure of your sensitive personal information to the use which is necessary to:
We only provide your information you give us to our Service Providers for the limited purpose of providing our services to you. If you do not want your information shared with the Service Providers, then please do not use our services. |
| Right to Deletion |
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
|
| Right of Correction | If we maintain inaccurate personal information about you, you have the right to request us to correct that inaccurate personal information. Upon receipt of a verifiable request from you, we will use commercially reasonable efforts to correct the inaccurate personal information. |
| Protection Against Retaliation |
You have the right to not be retaliated against by us because you exercised any of your rights under the CCPA/CPRA. This means we cannot, among other things:
|
11. How to Exercise Your Rights. If you would like to exercise any of your rights as described in this Privacy Policy, please email us at admin@catalyst4connections.com.
12. Changes to This Privacy Notice. This privacy notice was published on 9/22/23 and last updated on 9/22/23.
We may change this privacy notice from time to time–when we do, we will inform you via email associated with your account.
13. How to Contact Us. Please contact us by post, email or telephone if you have any questions about this privacy policy or the information we hold about you.
Our contact details are shown below:
| Our contact details |
|
2454 North McMullen Booth Rd., Suite 700 Clearwater, Florida 33759 |
| admin@catalyst4connections.com |
| 727-422-5259 |