ATTENTION: PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING THE CATALYST CONSTRUCTION WEBSITE (THIS “WEBSITE”). YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THIS COPYRIGHT STATEMENT AND TERMS OF USE (COLLECTIVELY, “TERMS OF USE”). IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

Catalyst Construction reserves the right to modify these Terms of Use without notice and any modifications are effective when they are posted here. Catalyst Construction may, at any time, in its discretion terminate your access to this Website. Access to this Website may be monitored by Catalyst Construction. If you are accessing this Website as a representative of an organization, these Terms of Use bind both you individually and the organization and references to “you” and “your” shall be construed to apply to you individually and the organization.

While Catalyst Construction maintains copyright protection in all materials, information and publications (collectively, “Website information”) it places on this Website, Catalyst Construction consents to normal downloading, copying and distribution of the information for non-commercial purposes by you or within your organization only. In consideration of this consent, you agree that copies of the Website information will retain all copyright and other proprietary notices and that you will not modify the Website information in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any Website information, in whole or in part, without the prior written consent of Catalyst Construction.

You are granted a limited, non-exclusive, revocable right to access and use this Website solely for your personal or non-commercial use and no one else.  Except for the limited right expressly granted to you in these Terms of Use, Catalyst Construction expressly reserve all other rights and licenses to this Website and the Website information. Unless expressly permitted by these Terms, you shall not:

  • Modify, reproduce, or resell any part of this Website;
  • Use any robot, spider, data miner, or other automated or semi-automated means to extract or gather data from this Website;
  • Penetrate or attempt to penetrate the security measures protecting this Website, including without limitation by hacking, password “mining,” or any other illegitimate means;
  • Obtain or attempt to obtain any materials, content, or information on this Website through any means not purposely made available through this Website;
  • Intentionally disrupt the operation or functionality of this Website;
  • Use this Website for any purpose prohibited or restricted by law;
  • Otherwise use this Website in any manner other than the manner in which it is intended to be used, unless you first obtain Catalyst Construction’s express written consent; or
  • Permit anyone other than you to access this Website using your password.

 

You further agree that you will not use this Website to:

  • Impersonate another person, whether actual or fictitious, including without limitation impersonating any Catalyst Construction employees or consultants;
  • Post, disseminate, submit, transmit, host, share, and/or publish material that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another’s privacy, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • Transmit viruses, “Trojan horses,” chain letters, junk mail, “spam,” or bulk communications of any kind;
  • Post, disseminate, submit, transmit, host, share, and/or publish advertisements or solicitations of business; or
  • Post, disseminate, submit, transmit, host, share, and/or publish material that is protected by copyright, trade secret, patent, trademark, and/or other proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights, or you have written permission from the rightful owner of such rights, and you grant us a license, consent, and release with respect to such material as provided in the Terms of Use.

 

Certain restricted product information is available on this Website only to licensed customers of Catalyst Construction that are registered to receive information via passwords issued by Catalyst Construction This restricted information is considered confidential and proprietary information of Catalyst Construction If you are a registered customer or a representative of a registered customer, Catalyst Construction authorizes you to download, copy, distribute and use the restricted information for yourself or, if applicable, only within the customer organization, and only for the intended purposes authorized by Catalyst Construction. Issuance of a registration password is conditioned on the customer’s use of the information in accordance with the terms of its license or service agreement with Catalyst Construction You shall not transfer or provide your password to unauthorized parties. You will immediately notify Catalyst Construction of any suspected or actual unauthorized use of your password or this Website. You are responsible for use of your password. You will not attempt to gain unauthorized access to any Website information or area within this Website.

Certain information available on this Website is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, are the sole responsibility of the originating party and that Catalyst Construction has no responsibility for such content and does not guarantee the accuracy, integrity or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a Web link to another party’s Website an endorsement of such other party, their products or their services.

You may link to the Catalyst Construction home page, but are not authorized to link to any other page on the Catalyst Construction Website without the prior express written consent of Catalyst Construction provided that Catalyst Construction reserves the right to withdraw this consent at any time in its discretion. You may not use any of Catalyst Construction’ proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Catalyst Construction; 2) cause confusion, mistake, or deception; 3) dilute Catalyst Construction’ trademarks, service marks or trade names; or 4) otherwise violate applicable law.

Catalyst Construction makes no representations or promises to develop, provide or market any software, service or product discussed on this Website, and you shall not rely on the information provided or the prospect of availability of any software, service or product currently in development or currently anticipated to be made available in the future.

By accessing and using this Website, you agree to the terms of the Catalyst Construction Privacy Policy, which are incorporated into these Terms of Use by reference.  You are also expressly agreeing and consenting to the collection and use of your personal information and other data as set forth in (and more fully described in) the Catalyst Construction Privacy Policy.

Catalyst Construction, or third parties from whom Catalyst Construction has permission, own the trademarks and service marks that are used on this Website. All rights are reserved by Catalyst Construction and said third parties, and no implied rights are granted to you or any third parties.  These and other graphics, logos, service marks, trademarks, and trade dress of Catalyst Construction and its licensors may not be used without prior written consent of Catalyst Construction or its licensor, as the case may be.  Without limiting the foregoing, no Catalyst Construction trademark or trade dress may be used in connection with any product or service that is not Catalyst Construction’s in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Catalyst Construction.

Website information may refer to products, programs or services that are not available in your country. Consult your Catalyst Construction representative for information about the products, programs and services that may be available to you.

Any software that is available for download from this Website is the copyrighted property of Catalyst Construction and/or its suppliers. Any use or reproduction of any such software and warranties as to such software, if any, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Website, if any, is governed by the terms of the agreement applicable to that product or service.

THIS WEBSITE AND ALL CONTENT MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED BY CATALYST CONSTRUCTION ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT.  CATALYST CONSTRUCTION DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OF INFORMATION, CONTENT, OR MATERIALS ON THIS WEBSITE, THE FUNCTIONALITY OF THIS WEBSITE, AND THE AVAILABILITY OF THIS WEBSITE. CATALYST CONSTRUCTION CANNOT AND DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULT FROM USE OF THIS WEBSITE OR CATALYST CONSTRUCTION CONTENT. CATALYST CONSTRUCTION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE INFORMATION, MATERIALS, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THIS WEBSITE. CATALYST CONSTRUCTION DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR COMMUNICATIONS SENT FROM THIS WEBSITE ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS. Catalyst Construction and its affiliates, third party suppliers, employees, agents, and directors, are not responsible or liable to you under any theory of liability or indemnity in connection with or related to your access or use of this Website or any of its content.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, CATALYST CONSTRUCTION WILL NOT BE LIABLE FOR LOST PROFITS OR ANY DAMAGES, WHETHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, RESULTING FROM YOUR USE OF THIS WEBSITE OR ANY OF ITS CONTENT. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT.    NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL CATALYST CONSTRUCTION’S AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).

SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.  ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY.

You acknowledge that these Terms of Use are a valid and binding agreement.  To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices, or communications between you and Catalyst Construction may be provided to you electronically. Please print a copy of all such documentation, agreements, notices, or other communications for your reference.