Terms & Conditions
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE FOR THIS WEBSITE (“TOS”) BEFORE USING THIS SITE. By continuing to access, link to, or use this Site, you signify YOUR ACCEPTANCE OF THE TOS.
Catalyst Partners Management LLC (“Catalyst”) reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately. Your access, link to, or use of the Site constitutes YOUR ACCEPTANCE OF THE TOS, as modified. If, at any time, you do not wish to accept the TOS, you may not access, link to, or use the Site. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by Catalyst and shall be of no force or effect.
General Terms of Use
1. User Consent to the TOS. You represent that you have read and agree to be bound by the TOS.
2. Intellectual Property. This Website, including but not limited to text, content and graphics is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable copyright and other laws.
3. Restrictions on Use. YOU MAY NOT USE THIS SITE FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH THE TOS. YOU WILL NOT USE THE SITE OR INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS OF CATALYST PARTNERS MANAGEMENT LLC IN UNSOLICITED MAILINGS OR SPAM MATERIAL.
4. Registration and Account Creation. You may be required to register or create an account to obtain access to certain portions of the Site. You will provide Catalyst with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username or password that Catalyst, in its sole discretion, deems offensive or inappropriate. Catalyst reserves the right to deny creation of your account based on Catalyst’s inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Catalyst of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or other information. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. The use of your account by any individual under age eighteen (18) is strictly prohibited. Catalyst reserves the right to terminate your account, in its sole discretion, at any time without notice. You may terminate your account at any time. You agree to maintain only one account at any time and certify that you currently have no other account(s) with Catalyst.
5. Disclaimer and Limitation of Liability. (i) YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ANYTHING CONTAINED ON THE SITE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT CATALYST MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
(ii) You agree that Catalyst and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of Catalyst, or respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise arising in connection with the Site and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against Catalyst by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Site caused by your computer equipment or arising from your use of the Site on such equipment. Catalyst does not: (a) make any warranty, express or implied, with respect to the use of the Site; (b) guarantee the accuracy, completeness, usefulness or adequacy of any of the information found on the Site; or (c) make any endorsement, express or implied, of any other Websites, services, goods, or advertisements that may be linked to from the Site.
(iii) You acknowledge that: (i) the Site is provided for information purposes only; (ii) the Site may include certain information taken from other sources; (iii) Catalyst does not guarantee the accuracy, completeness, or timeliness of the information on the Site; (iv) none of the information contained on this Site constitutes a solicitation, offer, opinion, or recommendation by Catalyst to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; and (v) the information provided on this Site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, Catalyst, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any inaccuracies or errors or omissions from the Site.
(iv) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Catalyst, ITS SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF CATALYST HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SITE OR ANY LINKS OR ITEMS ON THE SITE OR ANY PROVISION OF THE TOS,
6. Your Authority to Agree to this TOS. You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years old.
7. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless Catalyst, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with your use of this Site, or any links on the Site, including, but not limited to: (i) your use or someone using your computer’s use of the Site; (ii) use by someone using your account; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Site by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Site by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. Catalyst reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Catalyst in asserting any available defense. You acknowledge and agree to pay Catalyst’s reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by Catalyst under the TOS and any other terms and conditions of service on this Site, including without limitation, lawsuits arising from your failure to indemnify Catalyst pursuant to the TOS.
8. Termination. (a) You may terminate the TOS, with or without cause and at any time, by discontinuing your use of the Site and destroying all materials obtained from it. (b) You agree that, without notice, Catalyst may terminate the TOS, or suspend your access to your account on the Site, with or without cause at any time and effective immediately. The TOS will terminate immediately without notice from Catalyst if you, in Catalyst’s sole discretion, fail to comply with any provision of the TOS. (c) Catalyst shall not be liable to you or any third party for the termination or suspension of the Site.
9. Governing Law. The TOS shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in New York County in the State of New York with respect to any legal proceedings that may arise in connection with the Site or from a dispute as to the interpretation or breach of the TOS.
10. United States Export Control & Foreign Assets Control and Security Regulations. Catalyst does not represent that materials in the Site are appropriate or available for use in any particular location or by all parties. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws.
11. Miscellaneous. You accept that Catalyst has the right to change the content of any aspect of the Site at any time in Catalyst’s sole discretion.
12. Headings. The section titles in the TOS are used solely for the convenience of you and Catalyst and have no legal or contractual significance.
13. Severability. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.
14. Entire Agreement. The TOS and any other terms and conditions of service on this Site, and its successor, constitute the entire agreement between you and Catalyst and govern your use of the Site.