TERMS OF SERVICE AND CONDITIONS OF USE
Thank you for visiting the Catalyst Energy, Inc. (“CATALYST”) 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 to the website, this Agreement or related policies
which govern the use of the website at any time.
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 these changes and the reasonableness of these standards
for notice of changes.
1. No Solicitation or Offer. Except as specifically set forth herein, the information
provided or discussed on this website or in e-mail communications with CATALYST
does not constitute an offer to sell or a solicitation to buy any security or
other product or service. No security or other product or service is offered
or will be sold in any jurisdiction in which such offer or solicitation, purchase
or sale would be unlawful under the securities or other laws of such jurisdiction.
Some products and services may not be available in all jurisdictions.
2. Disclaimer. This web site contains an extensive variety of data collected
and maintained by CATALYST. While CATALYST uses reasonable efforts to include
accurate and up to date information on this website, errors or omissions sometimes
occur. You are advised that reference to and use of any information published
on this website is undertaken at your own risk. Incorrect searches, sorts or
related functions on this website will result in incorrect and/or invalid results.
Values shown in the website applications may materially differ from actual information
in some cases. You are strongly encouraged to verify information obtained on
this website through other independent sources.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS". CATALYST MAKES NO
REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT
OF THIS WEBSITE. CATALYST DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR
IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. CATALYST DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE WEBSITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. Permitted Use. Except for public domain materials, this website is protected
by intellectual property laws, including U.S. copyright laws. You expressly acknowledge
and agree that the content accessible within the website is the proprietary information
of the CATALYST and its content providers, and CATALYST and its content providers
retain all right, title, and interest in the Content. You have a nonexclusive,
nontransferable, limited, revocable right to use the website solely for your
informational use. You will not use the website for any other purpose without
our express prior written consent.
You are granted a limited license to print copies of any content posted at the
website, but only for your informational use. 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 our trademarks
as meta tags on any other website is also strictly prohibited. You may not display
the website or portions thereof in things (framing) without our express written
permission. You may, however, establish ordinary non-commercial links to our
website without our written permission. 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 set forth,
which are the rules that govern user activity in connection with the website
as they are amended from time to time. These operating policies govern your conduct
on the website. Violations of the operating policies or other provisions of this
agreement may also result in termination or suspension of your access to the
website or under certain circumstances, legal action against you. Users are responsible
for their own use of the website. You may not, under any circumstances, do anything
that would effect the website, including without limitation, upload files that
may contain a virus or corrupted data, use the website so that it effects other
users or act, or fail to act, in your use of the website, in a manner that is
contrary to applicable law or regulation. Your failure to observe any of the
foregoing limitations or obligations may result in civil or criminal liability.
5. Deemed Acceptance. By accessing materials on the website, you agree with all
terms and conditions of this Agreement. CATALYST reserves the right, at our sole
discretion, to change this Agreement and related policies from time to time,
and your access to the website will be deemed to be your acceptance of this Agreement
and such policies, and any changed Terms of Service and Conditions of Use.
6. Operation. CATALYST reserves complete and sole discretion with respect to
the operation of the website. We also reserve the right to withdraw, suspend
or discontinue any functionality or feature of the website at any time.
7. Content. If and when the website adds such functionality, e-mail, message
boards, forums or statements made in e-mail, message boards, or forums reflect
only the views of their authors. Although CATALYST makes every effort to ensure
the correctness of data, we disclaim responsibility for any errors or omission,
such as unintended inaccuracies or typographical errors, in the materials. You
also understand that we cannot and do not guarantee or warrant that files available
for downloading will be free of viruses, worms, Trojan horses or other code that
contain contaminating or destructive properties. CATALYST does not endorse the
content, products or any third-party websites, and we are not responsible for
the content of third-party sites, sites or material framed within our website
and do not make any representations regarding their content or accuracy. Your
use of the website is at your own risk, and subject to this Agreement.
8. Links. We may provide links from our website as a convenience to our users.
CATALYST has no control over link sites, and makes no representations about any
content or material available at these locations. Links are not intended to imply
sponsorship, affiliation or endorsement. CATALYST disclaims all liability with
regard to your access to such links.
9. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CATALYST,
ITS OFFICERS, DIRECTORS, 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 SITE (INCLUDING INFRINGEMENT OF THIRD PARTIES, INTELLECTUAL PROPERTY
RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING
THE WEBSITE.
10. WAIVER, RELEASE AND LIMITATION OF LIABILITY. YOU AGREE THAT CATALYST, ITS
OFFICERS, DIRECTORS, 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, EMPLOYEES, AGENTS
AND INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS
BASED ON THE NEGLIGENCE OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION
PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH
YOUR USE OF THE WEBSITE. CATALYST, ITS OFFICERS, DIRECTORS, 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
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Termination. CATALYST may terminate your right to use the website at any
time, with or without cause. The Permitted Use, Indemnification, Waiver, Release
and Limitation of Liability and Miscellaneous paragraphs shall survive any termination
of this Agreement. This Agreement shall commence upon your access of the website.
12. Miscellaneous. This Agreement shall be governed by and construed in accordance
with the laws of the State 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 use of the website and content. Your use of the website is also subject
to CATALYST's other applicable policies. 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 2006 CATALYST ENERGY, INC. © All Rights Reserved.
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