Please read these terms and conditions of use carefully before using the KATALYST website or any other KATALYST product or service.
1. GENERAL; OWNERSHIP; CERTAIN PROHIBITIONS
Use of our website KATALYSTOS.com, and any social media platform, mobile application or other website associated with this website (collectively, the “KATALYST Site” or the “Site”), and all products and services provided and/or distributed (whether via this Website or elsewhere) by KATALYST LLC (“KATALYST”) are subject to this Agreement. By accessing or using the KATALYST Site, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the KATALYST Site. You may not access or use the KATALYST Site or accept this Agreement if you are not of legal age to do so.
Except for Submitted Content (defined below), all elements of the KATALYST Site are either owned by or licensed to KATALYST. The applicable owners and licensors retain all rights to the KATALYST Site, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the KATALYST application on your personal computer or mobile device for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display any such material without first obtaining the written permission of KATALYST. The material on the KATALYST Site may not be used in any unauthorized manner and nothing contained on the KATALYST Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any content displayed on this Site, through the use of framing or otherwise, without the prior written permission of KATALYST.
You must not use the KATALYST Site or Community Features (as that term is defined below) to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of KATALYST or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (ii) transmit, store or otherwise make available material which disrupts the KATALYST Site, imposes an unreasonable or disproportionately large load on the KATALYST Site infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the KATALYST Site; (iii) transmit, store or otherwise make available material which is false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, pornographic, profane, sexually explicit, indecent, inappropriate, constitutes hate speech, or which adversely affects KATALYST's business or is otherwise objectionable in KATALYST's sole discretion; (iv) transmit, store or otherwise make available material which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (v) transmit, store or otherwise make available a virus, trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material which contains any information, software or other material of a commercial nature; (vii) transmit, store or otherwise make available material which contains advertising, promotions, “junk mail,” “spam,” “pyramid schemes,” “chain letters” or solicitation of any kind; (viii) transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (ix) exploit, harm, personally attack (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) use or attempt to use another's information, account, password, service or system except as expressly permitted; (xi) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit or debit card numbers; (xii) use automated scripts to collect information from or otherwise interact the KATALYST Site; or (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of any Community Features (defined below).
Third party text, photo, graphic, audio and/or video material (collectively, the “Third Party Materials”), contained on or incorporated in the KATALYST Site shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Third Party Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use of the Site. No third party provider will be held liable in any way to any user of the Site or to any third party or to any other person who may receive information in the Third Party Materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.
2. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), KATALYST has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the KATALYST Site (the “Designated Agent”). All such notifications relating to the KATALYST Site must be a written communication and must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit KATALYST to locate the material.
D. Information reasonably sufficient to permit KATALYST to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of infringement which include the above required information must be submitted via mail, fax or e-mail to KATALYST's Designated Agent as follows:
KATALYST Copyright Agent
90 Paramount Drive
Raynham, MA 02767 United States of America
e-mail Address: info@KATALYSTOS.com
4. SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF PRODUCTS AND SERVICES; CUSTOMER SERVICE CONTACT INFORMATION The KATALYST
5. RESTAURANT RESERVATIONS A.
6. SERVICES AND MERCHANDISE ORDERED IN CONNECTION WITH A RESERVATION A.
7. CONTESTS; SWEEPSTAKES The KATALYST
Site may offer you opportunities to enter contests and sweepstakes. By participating in any such event, you signify your agreement to all special terms set forth on the KATALYST Site applicable to the event as well as the terms of this Agreement.
8. LINKING The KATALYST
Site may contain links and pointers to other Internet sites and resources, including, without limitation, Third Party Providers and Third Party Social Networking Features. Links to and from the KATALYST Site to and from Third Party Providers, Third Party Social Networking Features and other websites or locations maintained by third parties, do not constitute an endorsement by KATALYST of any such third party website or content. KATALYST is not responsible for the availability of third party resources or their contents. You should direct any concerns regarding any external link to the website administrator of the applicable third-party website or location. KATALYST reserves the right to withdraw permission for any link at any time
9. DISCLAIMER OF WARRANTIES
USE OF THE KATALYST SITE AND THE PRODUCTS, MERCHANDISE AND SERVICES, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF DAMAGES, LOSSES OR INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU. A. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY KATALYST AND/OR THE APPLICABLE VENDOR, THE KATALYST SITE, AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING, BUT NOT LIMITED TO, ALL PRODUCTS, MERCHANDISE AND SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. B. KATALYST DOES NOT WARRANT THAT: (1) THE KATALYST SITE OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE KATALYST SITE, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THE KATALYST SITE, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE KATALYST SITE, THE OTHER KATALYST PROPERTIES, THE PRODUCTS, MERCHANDISE OR SERVICES WILL BE ACCURATE OR RELIABLE.
10. LIMITATIONS ON LIABILITY AND DAMAGES
NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERMS AND CONDITIONS OF THE KATALYST SITE OR ANY ACT OR FAILURE TO ACT BY KATALYST OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE COMMUNITY FEATURES OF THIS WEBSITE. A. IN NO EVENT SHALL KATALYST BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS, MERCHANDISE OR SERVICES. B. IN NO EVENT SHALL KATALYST, OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE KATALYST SITE INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR PRODUCTS, MERCHANDISE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KATALYST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF KATALYST IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. C. IN NO EVENT SHALL KATALYST BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE KATALYST SITE, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY. D. KATALYST, ITS LICENSORS, ITS VENDORS, OR ANY THIRD PARTIES MENTIONED ON THE KATALYST SITE SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO ANY PERSON CAUSED BY YOUR USE OR MISUSE OF THE KATALYST SITE OR THE CONTENT OF SUCH SITE.
You hereby agree to indemnify and hold KATALYST, and each of its subsidiaries and affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with KATALYST, and the directors, officers, managers, employees and agents of the above entities, harmless from any and all claims, liabilities, damages, losses and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the KATALYST Site, (B) your purchase and use of the products, Merchandise and/or Services purchased via the KATALYST Site; or (C) any alleged or actual breach of this Agreement or violation of applicable law or regulation by you.
12. TERM AND TERMINATION
Subject to the provisions of this Section 12, this Agreement will remain in full force and effect while you access or use the Site or Services. KATALYST may change, suspend or discontinue any aspect of the KATALYST Site at any time, including the availability of any product, Merchandise offering, Service, feature, database or content. KATALYST may also impose limits on certain offerings and features or restrict your access to parts, or the entirety, of the KATALYST Site without notice or liability at any time in KATALYST's exclusive discretion, without prejudice to any legal or equitable remedies available to KATALYST, for any reason or purpose, including, but not limited to, conduct that KATALYST believes violates this Agreement or other policies or guidelines posted on the KATALYST Site or conduct which KATALYST believes is harmful to other customers, to KATALYST's business, or to other information providers. This Agreement may be immediately terminated at any time by KATALYST in its sole discretion. In addition and without prejudice to any other remedy available to KATALYST, KATALYST may immediately terminate this Agreement if you breach any term of this Agreement. Sections 2, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 18 of this Agreement will survive any termination or cancellation of this Agreement.
13. ARBITRATION; CONSENT TO JURISDICTION IN MASSACHUSETTS; ATTORNEYS' FEES; TIME PERIOD LIMITATION FOR CLAIMS
Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof or any use of the Website (including all commercial transactions conducted through the Website) (“Claims”) shall be settled by binding arbitration on an individual basis and not in a class or representative basis before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. IN AGREEING TO ARBITRATE ALL CLAIMS, YOU AND KATALYST WAIVE ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING ANY CLAIM. The arbitration shall be held in Suffolk County, Massachusetts, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. A. Subject to the limitations set forth in this Section 13, the arbitrator shall have authority to award legal and equitable relief available in the courts of the Commonwealth of Massachusetts, provided that: 1. The arbitrator shall not have authority to award punitive damages; and 2. Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with any arbitration or other proceeding involving a Claim of any other party. You and KATALYST agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis. B. For Claims that are not eligible for arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the federal and state courts of competent jurisdiction sitting within Suffolk County, Massachusetts (the “Forum”), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and KATALYST waive any and all rights to trial by jury with respect to any Claims. C. In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section 13, or initiates a proceeding involving a Claim under this Section 13 other than in the Forum, the other party shall be entitled to recover all attorneys' fees and expenses reasonably incurred in enforcing the arbitration provisions of this agreement and the Forum to which the parties have herein agreed. D. To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim unless you provide KATALYST with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
14. CHOICE OF LAW
Any and all Claims arising out of or related to this Agreement or to your use of the Site, or any product or Service provided by KATALYST or through the Site shall be governed by, and construed and interpreted in accordance with, the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles.
15. INJUNCTIVE RELIEF
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. KATALYST in its sole discretion may amend this Agreement, and your use of the KATALYST Site after such amendment is posted on this Site will constitute acceptance of the amended Agreement by you. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import. This Agreement and your rights and obligations under this Agreement may not be assigned or otherwise transferred by you without the prior written consent of KATALYST.
BY USING THE KATALYST SITE, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT.
If you do not agree to the terms in this Agreement, you must not use the KATALYST Site. KATALYST may change the terms of this Agreement at any time, and your use of the KATALYST Site after such changes are posted will mean that you accept them. You acknowledge and agree that KATALYST will have no obligation to provide you with any technology support in connection with the Site or Services.
18. COMMUNICATION BY ELECTRONIC MEANS
19. NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of the KATALYST Site are entitled to the following specific consumer rights information: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The Site is not designed for and does not intentionally target or solicit children 13 years of age and younger. We encourage families to obtain additional information about safe use of the Internet at http://www.ftc.gov/kidzprivacy/. — Last Updated: August 30, 2016