Last modified: March 2nd, 2018
Eligibility for Services
Accessing the Website and the Katalyst Training Services; Account Security
We reserve the right to withdraw, amend and/or discontinue the Website, Katalyst Training Services, and/or any service or material we provide on or through the Website (including the sale of merchandise or other goods), in our sole discretion without notice. Subject to the terms of any Additional Terms of Purchase, we will not be liable if for any reason all or any part of the Website or the Katalyst Training Services are unavailable at any time or for any period, and, to the extent you have made any payments to the Company pursuant to the terms of any Additional Terms of Purchase, you will not be entitled to any refund from the Company. From time to time, in our sole discretion, we may restrict access to some parts of the Website, the entire Website, or limit or discontinue the availability of the Katalyst Training Services with respect to certain geographic areas or individuals.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Making all arrangements necessary for you to use the Katalyst Training Services (including completion of the Signup Process).
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website, the Katalyst Training Services or any portion thereof using your user name, password, or other security information. You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. If using a public computer or any other computer that is accessible to multiple users, you (a) agree to ensure that (1) you exit from your account at the end of each session and (2) disable any “remember me” functions that store your user name and password for future sessions and (b) acknowledge that you should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
- Your computer may temporarily store copies of the Website in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution to or for the benefit of any third party.
- You may store data, if any, provided by us to you pertaining to your training sessions or your individual use of the Katalyst Training Services (collectively, the “Session Data”).
You must not:
- Modify copies of any materials from the Website or furnished to you by us in connection with the provision of the Katalyst Training Services (such as the Waiver) or any Health-Related Materials.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Attempt to reverse engineer or disassemble the Katalyst Training Services.
- Create derivative works or modify information transmitted to you by the Company (including Session Data) in connection with the Katalyst Training Services, other than for your own personal use in tracking your fitness goals.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website, any Health-Related Materials, or any Session Data.
- You must not access or use for any commercial purposes (a) any part of the Website or any services or materials available through the Website, (b) the Health-Related Materials, (c) the Katalyst Training Services or (d) the Session Data.
If you wish to make any use of (a) material on the Website, (b) the Katalyst Training Services (including related documentation such as the Waiver prepared by us and furnished to you), or (c) the Session Data, other than that set out in this section or, where applicable, in contravention of any Additional Terms of Purchase, please seek our permission by contacting us using the contact information provided under the heading “Your Comments and Concerns” below.
The Company name, the term “Katalyst”, the term “Katalyst Fitness,” the term “Katalyst Training”, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Katalyst Training Services, or which, as determined by us, may harm the Company or users of the Website or Katalyst Training Services or expose them to liability.
- To claim certification, qualification or expertise with respect to electric muscle stimulation, fitness training, or the Katalyst Training Services.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
- Disobey the instructions, whether written or oral, of any staff member or trainer affiliated with the Company in the course of using the Katalyst Training Services.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Aggregate your Session Data with the Session Data of other users of the Katalyst Training Services.
- Otherwise attempt to interfere with the proper working of the Website or the Katalyst Training Services.
Reliance on Information Posted
The Health-Related Materials, the information presented on or through the Website, and other informational materials furnished to you in connection with your use of the Katalyst Training Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. The Session Data, if any, made available to you is solely for your personal use in tracking progress toward your own goals. Any reliance you place on any such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or any use of the Katalyst Training Services, or by anyone who may be informed of any of the contents of such information.
The Website and Health-Related Materials include content provided by third parties, including materials provided by bloggers, government agencies and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website and Katalyst Training Services
We may (a) update the content on this Website from time to time, but its content is not necessarily complete or up-to-date, (b), subject to any limitations contained in any applicable Additional Terms of Purchase, revise, alter or change the provision of the Katalyst Training Services, and (c) update, revise, alter or change the format or nature of Session Data. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Additional Terms of Purchase
Linking to the Website
You may link to the Website as long as you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You may not link to our Website or otherwise reference us in any way that is designed to suggest any form of association, approval, or endorsement on our part without our express written consent.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Washington in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and at your own risk and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, THE KATALYST TRAINING SERVICES, THEIR CONTENT, AND ANY SESSION DATA OR SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE WEBSITE, THE KATALYST TRAINING SERVICES, THEIR CONTENT, AND ANY SESSION DATA OR SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, THE KATALYST TRAINING SERVICES, THEIR CONTENT, AND ANY SESSION DATA OR SERVICES OR ITEMS OBTAINED THROUGH THEM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE KATALYST TRAINING SERVICES, THEIR CONTENT, AND ANY SESSION DATA OR SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SESSION DATA OR SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES (INCLUDING THE HEALTH-RELATED MATERIALS), OR THE KATALYST TRAINING SERVICES OR SESSION DATA, IF ANY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE BUT EXCLUDING WILLFUL AND WANTON MISCONDUCT OR GROSS NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Order of Precedence
Your Comments and Concerns
This website is operated by Katalyst Inc, a Washington corporation, located at 316 Occidental Ave South, B300, Seattle, WA, 98104
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org.