Disclaimer
Terms and Conditions of Use
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The Company does not guarantee the accuracy of any content or any Third-Party Content. Although we provide rules for conduct and postings, we do not control and are not responsible for what Users post on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any Third-Party Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Service.
The Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
No Advice or Solicitation
The Website is for informational purposes only and should not be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation or sponsorship of any company by Katalyst Partners LP, its affiliates, officers, directors, employees or agents. You acknowledge and agree that the use of the Website and any decisions made in reliance upon the Website are made at your own risk. The Company cannot guarantee and does not promise any specific results (relating to investments or otherwise) from use of the Site.
Proprietary Rights; Downloading of Materials
Unless otherwise noted, all right, title and interest in and to the Website, and information made available on the Website, in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are and shall continue to be the exclusive property of Katalyst Partners LP or used under principles of “fair use.” Certain materials may be made available for download from this Website. Subject to these Website Terms and Conditions, Katalyst Partners LP grants you permission to download and copy such materials solely for your internal, non-commercial use; provided that all copyright notices appearing on the originals are duplicated on all copies thereof; and provided further, that you do not modify the materials in any way. Without limiting any other right or remedy available to Katalyst Partners LP, at law or in equity, the permission herein granted will automatically terminate in the event you breach the terms of this paragraph and, in such event, you must destroy immediately all downloaded materials in your possession, custody or control.
You acknowledge and agree that the Website may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information contained in advertisements or information presented to you through the Website or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Katalyst Partners LP or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the information or content contained in the Website, in whole or in part.
Downloaded Information
Katalyst Partners LP does not guarantee or warrant that information available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements.
Third Party Links
From time to time, the Blog or other parts of the Website may provide you with the ability to access certain content from third parties, through links to the websites of such other parties or through content that other parties, themselves, post on the Website. You proceed at your own risk when you access such third party content. Katalyst Partners LP does not guarantee that it will screen such content or that such content will be accurate, free from errors, consistent with what it purports to be appropriate to fit your needs. You agree that Katalyst Partners LP shall not be held liable for any activities that occur on any website you access through links on the Website. We provide these links as a convenience, and do not endorse the content or services offered by these other sites.
In the event you post content to the Website, Katalyst Partners LP reserves the right to screen such content but does not guarantee that it will do so. All decisions on whether or not to retain, disseminate or remove content posted by users shall be made by Katalyst Partners LP in its sole discretion. Users are prohibited from using the Services to violate any laws or to violate the rights of Katalyst Partners LP or of any third parties, all as further provided below.
Modification and Termination of Website; Modification of Website Terms and Conditions of Use
Notwithstanding any provision herein, Katalyst Partners LP reserves the right, in its sole discretion, at any time, to change or modify from time to time and/or terminate this Website, or these Terms and Conditions of Use. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms and Conditions of Use, as modified.
Disclaimer of Warranties and Limitation of Liability
You agree that Katalyst Partners LP, its affiliates, officers, directors, employees, agents or representatives, shall have any liability, contingent or otherwise, for the truthfulness, accuracy or timeliness of the content or information on the Website (or any services contained therein) or for any decision made or action taken by you in reliance upon such information or content.
YOUR USE OF THE WEBSITE AND INFORMATION CONTAINED THEREIN ARE AT YOUR SOLE RISK. THE WEBSITE AND INFORMATION CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY ASPECT OF THE INFORMATION MADE AVAILABLE VIA THE WEBSITE. YOU RECOGNIZE THAT THE ACCURACY OF ANY SUCH INFORMATION SHOULD BE CHECKED BEFORE YOU RELY ON IT.
IN NO EVENT WILL KATALYST PARTNERS LP BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR CLAIMS ARISING IN TORT (INCLUDING NEGLIGENCE), EVEN IF KATALYST PARTNERS LP HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING.
YOU ACKNOWLEDGE THAT DOCUMENTS POSTED TO AND CONTENT AVAILABLE AT THE WEBSITE MAY CONTAIN COMPUTER VIRUSES. SHOULD YOU DOWNLOAD ANY SUCH MATERIALS FROM THE WEBSITE, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE WEBSITE AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT OR DATA YOU USE IN CONNECTION WITH OUR WEBSITE.
Katalyst Partners LP makes no representation that the Website is appropriate for use in locations outside the United States, and access to this Website from locations where the provision of such information may be illegal is prohibited. Users of the Website who access this Website from such locations do so of their own volition and are responsible for compliance with all applicable local laws.
Governing Law; Arbitration
By visiting or using the Site and/or the Service, you agree that the laws of the State of Delaware, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms of Service. By agreeing to the Terms and using the Website and the Service, you agree to submit to personal jurisdiction in Massachusetts for all purposes, and you agree to waive, to maximum extent permitted by law, any right to a trial by jury for any matter. Unless otherwise agreed in writing by you and us, any dispute arising out of or relating to the Terms, or any breach thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, or such arbitration body as required by law, rule or regulation, and final judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language before a single arbitrator in Massachusetts. Such arbitration must be commenced within one (1) year after the claim or cause of action arises. Notwithstanding the foregoing, either Katalyst Partners LP or you may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, employees and representatives, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Service or the Site, your conduct in connection with the Service or the Site or with other Users of the Service or the Site, or any violation of these Terms of Use or of any law or the rights of any third party, any of your User Content, and any Third Party Content you post or share on or through the Site. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Investor Members: Securities Matters
Notwithstanding anything to the contrary in these Terms of Use, in no event shall anything in these Terms of Use be deemed to be a waiver, and we will not assert there has been a waiver, that would be permissible under Section 14 of the Securities Act of 1933, Section 29(a) of the Securities Exchange Act of 1934, or any other applicable provision of federal and state securities laws.
Complaints over Perceived Infringement/Notice for Making Claims
Katalyst Partners LP will use commercially reasonable efforts and industry standard technical measures used by copyright owners to identify and protect such owners’ copyrighted works.
If you believe that materials posted on our Website infringe your rights under copyright law in specific materials, we request that you notify us of your objections by providing Katalyst Partners LP’s Copyright Agent the following information:
- A description of the copyrighted work or other intellectual property that you claim has been infringed and a description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Katalyst Partners LP’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Attention: Compliance
Katalyst Partners LP
20 William St, Suite 250
Wellesley MA 02481
By email: [email protected]
Force Majeure
Katalyst Partners LP’s performance under these Terms and Conditions of Use shall be excused in the event of interruption and/or delay due to any act of God, act of governmental authority, act of the public enemy or due to war or terrorism, the outbreak or escalation of hostilities, riot, fire, flood, civil commotion, insurrection, labor difficulty (including, without limitation, any strike, or other work stoppage or slow down), severe or adverse weather conditions, communications line failure, or other similar cause beyond the reasonable control of Katalyst Partners LP.
Entire Agreement
These Terms and Conditions of Use and our Privacy Policy relate only to this Website and embody the entire understanding between the parties with respect to this Website and supersede any and all prior representations and agreements, if any, oral or written, with respect to this Website.
Severability
Should any provision of these Terms and Conditions of Use or our Privacy Policy be deemed to be unenforceable or illegal by a court, such provision shall be valid and enforceable to the extent permitted by applicable law, and the validity and enforceability of the other provisions shall not be affected thereby. Failure of Katalyst Partners LP to enforce any provision of these Terms and Conditions of Use or of the Privacy Policy shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
Choice of Law; Choice of Forum
These Terms and Conditions of Use and Privacy Policy shall be governed by and in accordance with the laws of the Commonwealth of Massachusetts, United States. In any action arising under these Terms and Conditions of Use or Privacy Policy, you consent to the jurisdiction and venue of the courts of the Commonwealth of Massachusetts.
Assignment
Katalyst Partners LP reserves the right to assign its rights and obligations under these Website Terms and Conditions.
Your Consent
By using this Website, you agree to comply with, and be bound by these Terms and Conditions of Use. If you do not agree with some, or all of these Terms and Conditions of Use, you are not authorized to visit our Website.
Privacy Policy
We respect your right to privacy. This Privacy Policy covers Katalyst Partners LP (“Katalyst”, “We”, “Us”) treatment of information that we collect and maintain about you in connection with your use of the Website. This policy does not apply to the practices of companies that Katalyst Partners LP does not own or control or to individuals whom Katalyst Partners LP does not employ or manage, including operators of sites you may link to or from the Website or from which you link to the Website. By using our Website, you are acknowledging that you have read and understood this Privacy Policy and consent to the practices described herein.
We reserve the right to use and control the information collected on the Website. We will not share this information with any third party, other than as disclosed in this Privacy Policy. We collect information from users at different points on our Website, as follows:
Registration: This form may ask for contact information, such as name, address, email address, telephone number, company name, fax number and other basic contact information (“Registration Information”). After submitting your Registration Information, you can opt out from receiving any further information from us at any time (see below).
We may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your PC), your computer’s name, the type and version of your web browser, referrer addresses and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website is being used.
Cookies: A cookie is a small amount of data, which often includes a unique, but anonymous, code, which is sent to your browser from a website’s computers and stored on your computer’s hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use the Website upon a future visit. We will also use cookies to recognize you when you return to our Website. Most web browsers are set to accept cookies by default, though you can manually disable the cookies feature of your browser. You should review the online documentation of your browser or consult with the provider of your browser for instructions on how to opt out of tracking or disable cookies. Should you have any questions about opting out of the collection of cookies and other tracking and recording tools, you can contact us via email at [email protected]. Please note that if you disable cookies on your computer, some parts of this Website may not function properly.
Referrers: A “referrer” is the information passed along by a web browser that references the web URL you linked from and is automatically collected by our web server. This information is collected and used by us to understand the websites referring traffic to our Website and to present appropriate content to our potential customers. We tabulate referrer information on an aggregate basis to identify trends and traffic patterns.
Computer Configuration: In order to determine whether your computer is supported by our system, we may collect certain anonymous information. This information includes, but may not be limited to, your operating system and browser. This information is kept confidential and is not shared with third parties, except as provided in this Privacy Policy.
What We Do with Information We Collect
Except as may be provided in this policy, we will not disclose your personally identifiable information to unaffiliated third parties without your express consent or allowing you to decline to permit the disclosure. There are, however, some limited circumstances in which we may need to disclose personally identifiable information about a user without express consent, including, but not limited to, the circumstances set forth below:
Website Vendors: We may employ other companies to perform functions on our behalf, such as fulfilling orders, providing customer service, sending print and electronic mail, processing credit card payments, or other functions necessary to our business. In order to allow these companies to perform their obligations, we may need to share your personally identifiable information with them. However, we will provide these companies with only that information necessary to perform their functions on our behalf, and we will not allow them to use your personally identifiable information for any other purpose.
Protection of Rights: We may reveal your personally identifiable information to attorneys, private investigator organizations or law enforcement agencies if we believe that you have harmed or interfered with (or will imminently harm or interfere) other Website users or anyone else or violating (either intentionally or unintentionally) our Terms and Conditions of Use or infringing any of Katalyst Partners LP’s legal rights, or harming the legal rights, property, or health or safety of any other person.
Required by Law: We will reveal your personally identifiable information, to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of any of your personally identifiable information we will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted.
Asset Transfers: Katalyst Partners LP shall be entitled to transfer to a third party information it maintains, including any personally identifiable information, in connection with a transaction or proceeding involving a transfer of some or all of the assets relating to the Website or a business in connection with which such information is maintained.
Modification of Personal Information; Opting Out
We provide you with the ability to “opt-out of” certain mailings and other materials we may offer. For these materials, you will be able to specify whether you wish to opt-out by following directions on the mailing.
At your request, we will remove your name and other personally identifiable information from our active databases. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions. If you wish to remove your name and other personally identifiable information from our database, please send an email to the address listed in this Privacy Policy. As an alternative, you may write to us with your request, at the mailing address set forth herein. You will be removed from our active databases generally within ten business days of our receipt of your request. You may also request to review or amend any personal information that we maintain about you, by sending a written request to the same address, subject to our verification of your identity acceptance of any proposed revision.
Third Parties: Except as described in this Privacy Policy, we do not share personally identifiable information with anyone, unless we have informed you of a change to our Privacy Policy and given you the opportunity to then choose to opt out. We can no longer update any of your personally identifiable information once it has been transferred to such third parties and cannot implement your opt out requests upon such third parties. Instead, you must either contact that third party or refer to its privacy policy to update your personally identifiable information.
Communications
By providing Katalyst Partners LP with your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt out of some communications. We may also use your email address to send you other messages, including changes to features of the service and special offers. If you do not want to receive such email messages, you may opt out by emailing [email protected]
Minors
Persons under the age of eighteen (18) are not permitted to register on the Website. We do not knowingly collect, either online or offline, personally identifiable information from persons under the age of eighteen (18). If we learn that a minor under the age of eighteen (18) has provided us with personally identifiable information, we will attempt to delete this information from our databases, subject to any technical limitations on our ability to do so.
Notification of Changes
We reserve the right to change or modify this Privacy Policy from time to time, or to terminate this Privacy Policy. We will post notice of the new policy from the Privacy Policy link on the homepage of our Website. Your use of our Website following any such modification constitutes your agreement to follow and be bound by the Privacy Policy, as modified. If we make any significant changes regarding disclosure of personally identifiable information to third parties, we will attempt to notify you prior to the date the revised policy takes effect.
Relationship to Terms and Conditions of Use
Our obligations with respect to your use of the Website are reflected in this Privacy Policy and our Terms and Conditions of Use and any additional terms of services that may be applicable.
Consent
By using the Website, you consent to our collection and use of your information, in accordance with this Privacy Policy. If you do not agree with some, or all of the terms of this Privacy Policy, you may not visit our Website.
Contact
You may contact us for any reason by email or traditional mail at the following addresses, provided, however, if you wish to provide us with formal notice under our Website Terms and Conditions or our Privacy Policy, you must provide your notice in writing, and mail it to the address set forth below:
By mail: Katalyst Partners LP, 20 William St, Suite 250, Wellesley MA 02481
By email: [email protected]
Effective Date: 2/27/2017