Version: 1.0

Effective Date: January 1, 2019

The Catalyst Companies, Inc. (“Catalyst”), welcomes you to its website, https://www.thecatalystcompanies.com (the “Website”).  These Terms of Use and the policies they reference shall govern your access to and use of the Website and its subparts.  Your use of the Website shall constitute your consent to these terms and manifests your agreement to be bound by them.  If you do not consent to these terms, you may not use the Website.  Conduct inconsistent with these terms shall result in an immediate revocation of your license to use the Website and may, at Catalyst’s sole discretion, trigger active measures to block you from the Website and legal proceedings to restrain or prosecute harmful conduct.

Informational Purposes Only

The Website exists to provide you with information about Catalyst and its services.  Nothing in these terms or the policies they incorporate constitutes an offer to provide services and cannot form a binding contract.  Consistent with Catalyst’s standard terms and conditions, which are separately posed on the Website, Catalyst will agree to provide services only after it has sent an event-specific quote and the terms of the quote have been accepted by the customer.

Copyrights & Licenses

The Website and its content, which includes but is not limited to all advertisements, art, code, copy, blogs, buttons, designs, drawings, files, photographs, images, illustrations, literature, materials, memes, videos, sketches, specifications, streams, styles, text and writings of any kind displayed on the Website and its subparts including their visual design, structure and code architecture are copyrighted materials.  All rights in these materials are explicitly reserved to Catalyst or, in the case of materials subject to a third-party license, their licensor.  As a condition of use, you agree not to access, duplicate, distribute, copy, modify, mimic, replicate, reproduce, re-sell, reverse engineer, transmit, use or otherwise exploit content for any purpose whatsoever, including derivative works, without prior written consent from Catalyst or the appropriate licensor.

Appropriate Use & Privacy

You shall not, directly or indirectly, engage in any conduct that could damage, disable, overburden or impair the Website, and shall not attempt to access any password protected or nonpublic portions of the Website without consent.  A violation of this clause may result in serious civil penalties and may subject you and accomplices to criminal prosecution.

Assumption of the Risk

While Catalyst does its best to keep the Website safe and in good repair, it cannot guarantee the Website and its content will always be free from risk including, but not limited to, the risks associated with inaccurate information, faulty software, the transmission of computer viruses and malware or the risk of a cyberattack by directed or automated means.  Catalyst accordingly recommends you employ appropriate countermeasures including, among other things, a reliable antivirus software, and herein advises you that your use of the Website and its subparts is undertaken at your own risk.  By accessing the Website, you expressly agree to release Catalyst and all of its agents, directors, employees, officers and other affiliates from any and all direct, indirect, consequential or punitive damages you may incur because one of the foregoing risks is realized.

Catalyst is not responsible for the content of any off-site pages or any other sites liked to the Website.  Any reference to third-party product or service does not constitute a recommendation or endorsement.

DISCLAIMERS & LIMITATIONS

YOU ACCESS AND USE THE WEBSITE AT YOUR OWN RISK.  THE WEBSITE AND THE INFORMATION IT CONTAINS ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE BASIS’ WITHOUT A WARRANTY OF ANY KIND.  ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY AND EXPRESSLY DISCLAIMED.  CATALYST FURTHER MAKES NO REPRESENTATIONS AND PROVIDES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, VERACITY OR VALUE OF THE INFORMATION OR CONTENT ON ITS WEBSITE.  BY USING THE WEBSITE AND ITS SUBPARTS YOU ACKNOWLEDGE CATALYST CANNOT PROTECT YOU FROM THE HAZARDS ASSOCIATED WITH USING THE INTERNET AND RECOGNIZE THE WEBSITE’S CONTENT MAY OCCASIONALLY BE UNAVAILABLE, INACCURATE OR INCOMPLETE AND, CONSISTENT WITH THE CLAUSE DETAILED ABOVE, FOREVER WAIVE AND RELEASE CATALYST FROM ANY CLAIMS AND ALL DAMAGES ARISING OUT OF ANY HAZARDS OR CONTENT ERRORS YOU ENCOUNTER WHILE USING THE WEBSITE OR ITS SUBPARTS.  CATALYST RESERVES THE RIGHT TO CHANGE, CORRECT, UPDATE AND IMPROVE THE WEBSITE AND ITS CONTENT AT ANY TIME, WITHOUT NOTICE TO YOU OR ANY OTHER PARTY, AND ANY SUCH CHANGE OR REVISION SHALL NOT BE CONSTRUED AS AN ADMISSION OR WAIVER OF ANY KIND.

NEITHER CATALYST NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE TO YOU FOR ANY LOSS RESULTING FROM YOUR USE OF THE WEBSITE OR ANY LOSS ASSOCIATED THEREWITH INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OR DAMAGE TO DATA OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF CATALYST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR OMISSIONS OF CATALYST AND ITS AGENTS, THE TRANSMISSION OF A COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, UNAUTHORIZED ACCESS TO THE WEBSITE AND/OR THE THEFT OF USER INFORMATION.  CATALYST IS SIMILARLY NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD-PARTIES THAT AFFECT THE WEBSITE AND SERVICES.  IN NO EVENT WILL CATALYST OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS.  IN NO EVENT WILL CATALYST OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE WEBSITES AND ITS SERVICES.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND ITS SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CATALYST, THROUGH THE WEBSITE OR VIA THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

CATALYST SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION YOU SUBMIT BUT YOU ACKNOWLEDGE AND AGREE YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND CATALYST HEREBY DISCLAIMS LIABILITY FOR ANY LOSS RELATED TO SUCH INFORMATION IN ANY WAY.

Indemnification

You agree to indemnify and hold Catalyst and all of its agents, contractors, directors, employees, officers, owners, shareholders, subsidiaries and affiliates harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your use of the Website or its Services in violation of this Agreement or the representations and warranties set forth above.