Terms and Conditions
TERMS OF SERVICE AND CONDITIONS OF USE
Thank you for visiting the Catalyst Energy, Inc. (“CATALYST”) website located at http://www.catalystenergyinc.com/ (“Website”). The Website is offered as an informational service. CATALYST wants each visitor to the Website to have a safe and informative visit, and we have established the following Terms of Service and Conditions of Use ("Agreement") so that we know what to expect from each other. In exchange for the limited license to use this Website, you agree to be bound by the terms set forth herein. CATALYST may make changes at any time to the Website, this Agreement, and operating policies which govern the use of the Website or which relate to the Website.
CATALYST encourages you to review the Website and this Agreement periodically for updates or changes. Your continued access or use of this Website shall be deemed your acceptance of any such updates or changes.
1. No Solicitation or Offer. The information provided or discussed on this Website does not constitute an offer to sell or a solicitation to buy any security or other product or service.
2. Disclaimer. This Website contains an extensive variety of data collected and maintained by CATALYST. You are advised that your access to and/or use of any information or other data published or otherwise made available to you on or through this Website (“Content”) is undertaken at your own risk. You are strongly encouraged to verify information obtained on this Website through other independent sources.
THIS WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS,” “WHERE IS,” AND AN “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE , AVAILABILITY, UPTIME, RELIABILITY, OR ACCURACY. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, ARE MADE THAT THIS WEBSITE AND CONTENT SHALL BE VIRUS-FREE, MALWARE-FREE, OR FREE OF OTHER DISABLING CODE.
The content MADE AVAILABLE ON OR THROUGH this Website does not constitute any form of advice or recommendation by Catalyst and is not intended to be relied upon by you in making (or refraining from making) OR OTHERWISE INFLUENCING any ACTIONS, DECISIONS, OR OTHER JUDGMENTS WHICH YOU MAY UNDERTAKE. The content MADE AVAILABLE ON OR THROUGH this Website is provided for informational purposes only.
3. Permitted Use. Except for public domain materials, this Website is protected by intellectual property and other laws, including U.S. and international copyright laws. The Content made available on or through this Website is the intellectual property or otherwise proprietary property of CATALYST, its licensors, and other third parties, as applicable. CATALYST, its licensors, and other third parties, as applicable, retain all right, title, and interest in the respective Content. You have a nonexclusive, nontransferable, limited, revocable right to use this Website and Content solely for your informational use. You will not use the Website for any other purpose without our express written permission.
You are granted a limited license to print copies of any part of this Website or Content, but only for your informational use, as set forth herein. Except as expressly provided, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our Website, electronic reproduction, adaptation, distribution, performance or display is prohibited. Changes to author attribution or copyright notices are prohibited. Use of any of CATALYST’s trademarks or servicemarks is also strictly prohibited, including, without limitation, on any other websites or within any meta data (e.g., meta tags) (whether for co-branding or any other purpose). Except as set forth herein, you may not display the Website or Content, or any portion thereof, without our express written permission, such as by framing, deep linking, inline linking, or otherwise. You agree to cooperate with us to cause all unauthorized co-branding, framing or linking to immediately cease.
4. Operating Policies. You agree to comply with the operating policies as set forth in this paragraph, which are the rules that govern user activity in connection with the Website and Content, and which may be amended from time to time. These operating policies govern your conduct when accessing or using the Website and Content. Violations of the operating policies or other provisions of this Agreement may also result in termination or suspension of your access or use of the Website and Content and under certain circumstances may result in legal action against you in our sole and exclusive discretion. You are responsible for your own use of the Website and Content. You may not, under any circumstances, do anything that would affect the Website or Content, including without limitation, by way of the following: (1) introduce a virus, malware, or other disabling code to the Website or Content, (2) use the Website or Content so that it affects other users, CATALYST, or its agents, (3) attack, compromise, change, disable, overburden, damage, impair, or otherwise undermine the operation or integrity of the Website or Content or interfere with another user’s use of the Website or Content, (4) use a robot, spider, or other automated process or means to access the Website or Content for any purpose whatsoever, (5) attempt to gain unauthorized access to, interfere with, or disrupt the Website or Content, the server on which the Website operates, or any database, software, or device connected to or associated with the Website or Content. Any violation of the foregoing may result in termination or suspension of your access or use of the Website and Content, as set forth herein, and civil or criminal liability.
5. Deemed Acceptance. By accessing or using the Website or Content, you agree to be fully bound by the terms and conditions of this Agreement. CATALYST reserves the right, at our sole discretion, to change this Agreement from time to time, and your access or use to the Website or Content will be deemed to be your acceptance of this Agreement, and any amendments to the terms and conditions of this Agreement.
6. Operation. CATALYST reserves complete and sole discretion with respect to the operation of the Website and Content. We also reserve the right to withdraw, suspend or discontinue any functionality or feature of the Website or Content at any time.
7. Content. If and when CATALYST adds functionality to the Website, such as message boards, forums, or other interactive media (“Media”), CATALYST does not monitor the user content of any such Media (“User Content”), although CATALYST reserves the right to do so. The User Content is the sole responsibility of the user supplying the content. CATALYST assumes no liability related to the User Content, and any views expressed solely reflect the views of the respective user who has supplied the User Content. Except as otherwise required by the context herein, the term “User Content” is a type of “Content.”
Your use of this Website and Content is at your own risk.
8. Third Party Websites. Links or references to third party websites may be provided to users by way of the Website or the Content. CATALYST has no control over third party websites and makes no representations or warranties whatsoever about any content, links, or other information or data which are available at or through such third party websites. CATALYST does not imply or express any sponsorship, affiliation, or endorsement with any such third party websites or their respective owners or operators.
9. INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS CATALYST, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES RESULTING FROM ANY VIOLATION OF THIS AGREEMENT, OR ANY ACTIVITY RELATED TO THE WEBSITE OR CONTENT (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OR MISAPPROPRIATION OF THIRD PARTIES’ INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS, OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE OR CONTENT.
10. WAIVER, RELEASE AND LIMITATION OF LIABILITY. CATALYST, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE NO LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE WEBSITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST CATALYST, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, LICENSORS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED ON THE NEGLIGENCE OF ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITE. CATALYST, ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE NO LIABILITY FOR ANY. AND ALL DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER SERVICES PROVIDED BY CATALYST, EVEN IF CATALYST’S OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Term, Termination, and Survival. This Agreement shall commence upon your access or use of the Website or Content. CATALYST may terminate your right to use the Website or Content at any time, with or without cause. The following provisions shall survive the termination of this Agreement and shall apply indefinitely, in addition to any other provisions that are reasonably expected to survive the termination of this Agreement: Section 2 (“Disclaimer”), 3 (“Permitted Use”), 9 (“Indemnification”), 10 (“Waiver, Release and Limitation of Liability”), 11 (“Term, Termination, and Survival”), and 12 (“Miscellaneous”).
12. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises. In the event of a dispute, the parties agree to meet and confer. CATALYST's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. CATALYST may assign its rights and duties under this Agreement to any party at any time without notice to you.
13. Complete Agreement. Except as expressly provided herein, these terms and conditions constitute the entire agreement between you and CATALYST with respect to the access and use of the Website and Content. Your access and use of the Website and Content is also subject to CATALYST's operating policies as set forth herein. The provisions of this Agreement are severable and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity and enforceability of the remaining provisions hereof.
14. Notice. We may deliver notice to you under this Agreement by means of electronic mail, general notice on the Website, or by written communication delivered by first-class U.S. mail to your address on record in our account information. You may give notice to CATALYST at any time via electronic mail, letter delivered by first-class postage-paid U.S. or overnight courier to the address at the “contact us” section of the Website
Thank you for your cooperation. We hope you find this Website informative and convenient to use.
© Copyright 2012 CATALYST ENERGY, INC. All Rights Reserved.