Catalyst Investors Website Terms of Service
THESE ARE THE TERMS GOVERNING YOUR USE OF THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THIS SITE
WELCOME to the Catalyst Investors, L.L.C. (“Catalyst”) website available at www.catalyst.com (the “Site”). This Terms of Service (this “Agreement”) sets forth the terms and conditions governing your use of the Site and your access to and use of the information, content and services offered on the Site (collectively with the Site, the “Services”). By accessing or using the Services, you agree to be legally bound by this Agreement, as it may be amended from time to time.
1. USE OF WEB SITE
CATALYST has established this Site to provide information about its fund activities. The companies constituting CATALYST’s fund investments and direct investments as listed on the Site do not constitute investment advice. You should rely solely on your own investigations regarding any investment opportunity and should seek competent professional advice.
As a condition to your use of the Services, you will not, directly or indirectly: (a) use the Services to infringe the intellectual property rights of others; (b) use the Services or make any attempt to penetrate, modify or manipulate the Services to invade the privacy of any other user of the Services; (c) attempt to modify, erase or damage any information contained on the Site or any device connected to the Services; (d) reverse engineer any portion of the Services; (e) restrict or inhibit others from using the Services; (f) engage in conduct or distribute material that is harmful, obscene, otherwise illegal or objectionable, or gives rise to civil liability; (g) spoof or otherwise impersonate any individual or entity; or (h) violate or attempt to violate the security or integrity of the Services.
CATALYST reserves the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual harmful or illegal activities involving any of the Services. CATALYST reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Services, with or without notice.
CATALYST reserves the right to modify this Agreement at any time by posting a notice to the Site. You should visit the Site periodically to review the current terms and conditions.
2. INFORMATIONAL PURPOSES ONLY; DISCLAIMERS
The Site is intended solely to provide information regarding CATALYST’s potential capabilities with respect to prospective portfolio investments by the CATALYST funds. The information provided on this Site, including information regarding CATALYST’s current and historical portfolio investments, is not intended as a recommendation to purchase, sell or hold any security or that you pursue any investment style or strategy. No information on the Site is intended as, and you should not consider it as, investment advice or tax, accounting or legal advice. The past performance on any investment, investment style or strategy is not a guarantee of future results, and it should not be assumed that results for portfolio investments made by the CATALYST funds will be achieved for other investments.
Under no circumstances should any information provided on this Site be considered as an offer to sell or a solicitation of any offer to buy any security in any of the CATALYST funds.
CATALYST is an exempt reporting adviser under the Investment Advisers Act of 1940, as amended.
CATALYST provides investment advisory services only to the privately offered CATALYST funds. CATALYST does not solicit or make its services available to the public or other advisory clients. The Site is not intended as an offer to provide any investment advisory service with regard to securities.
All content, materials, and software included in the Services are the property of CATALYST or its licensors, and are protected by U.S. and international copyright, trademarks and other intellectual property laws. You may download and retain one copy of this Site and only for your own records and personal use. No commercial use, resale, copying or exploitation of material from the Services is permitted without the express written permission of CATALYST and any other applicable copyright owner. All rights not expressly granted hereunder are expressly reserved to CATALYST. If you believe your rights under applicable copyright laws are being infringed on this Site, you may notify CATALYST.
4. PASSWORD PROTECTED AREA
The “lp login” area of the Site is solely for the use of existing limited partners of investment funds sponsored by CATALYST, and is intended to provide electronic copies of information that is provided to existing limited partners in their capacity as investors in CATALYST funds. Any information provided through this area is subject to the confidentiality provisions of the applicable fund agreements to which investors are bound.
5. THIRD-PARTY SITES
6. INTERNATIONAL USE
The information provided on the Site is not intended for distribution to, or use in, any jurisdiction where such distribution or use would be contrary to law. You are responsible for compliance with applicable local laws and regulations.
7. WARRANTIES/LIMITATION OF LIABILITY
The Services are provided “as is” and “as available” without warranties of any kind, express, implied, or statutory, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. CATALYST does not warrant the accuracy of the information contained on the Site or that the Services will be uninterrupted or error-free.
Neither CATALYST, nor its affiliates, subsidiaries, licensors, or third-party service providers shall be liable for any damages of any kind arising out of your use of the Services, even if CATALYST has been advised of the possibility of such damages. Some jurisdictions do not allow these limitations, so the foregoing may not apply to you. To the extent the foregoing limitation of liability is held to be unenforceable, the aggregate liability of CATALYST for any cause of action arising out of your use of the Services shall be limited to direct damages actually incurred up to $250.
8. INDEMNITY OF CATALYST
You agree to indemnify and hold CATALYST, its subsidiaries, affiliates, and third-party service providers harmless from any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to a breach of this Agreement, your use of the Services. This indemnity shall survive the termination of this Agreement.
9. CHOICE OF LAW AND FORUM
The substantive laws of the State of New York govern this arising under this Agreement and your use of the Services, without regard to principles of conflict of laws. You agree to submit to the exclusive jurisdiction of the appropriate state and federal courts in the State of New York with respect to claims you may have under this Agreement.
10. MISCELLANEOUS TERMS
This Agreement constitutes the entire agreement between you and CATALYST with respect to its subject matter, superseding any prior agreements between you and CATALYST relating to such subject matter. The failure of CATALYST to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of this Agreement to be invalid, the court should endeavor to give effect to the parties’ intentions, and the other provisions of this Agreement shall remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
If you have any questions about this Agreement or the Services, please contact CATALYST at: 1-212-863-4848.
Except as stated in this policy, CATALYST does not sell, trade, share or rent the data we collect through the publicly available areas of the Site. In certain cases, CATALYST may pass information collected from the Site to companies who process data on behalf of CATALYST. CATALYST reserves the right to disclose any such information we do collect when required by a valid subpoena or court order, or as otherwise permitted or required by law.
Effective October 2016. CATALYST may make changes to this policy in the future.