Terms and conditions of use

Use of katalystos.com, social media platforms, mobile applications, and associated websites (collectively the “Katalyst Site”) and all products and services provided by Katalyst LLC are subject to this Agreement.

Katalyst or its licensors own all elements of the Site except Submitted Content. Users may download one copy of the Katalyst application for personal, non-commercial use only. Reproduction, derivative works, distribution, performance, or display of Site materials requires written permission from Katalyst.

Users must not use the Site to:

• Transmit material infringing copyrights, trademarks, patents, privacy, or publicity rights
• Disrupt Site infrastructure or restrict other users’ access
• Transmit false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, pornographic, or hate-speech material
• Transmit material encouraging criminal conduct or violating laws
• Transmit viruses, trojans, worms, spyware, or other harmful code
• Transmit commercial, advertising, spam, or solicitation material
• Exploit, harm, or personally attack any person, or falsely represent affiliation
• Use another’s account, password, or system without permission
• Solicit private information including phone numbers, addresses, SSNs, or card numbers
• Use automated scripts to collect information
• Transmit irrelevant material to Community Features

Third Party Materials may not be published, broadcast, rewritten, or redistributed. Storage for personal, non-commercial use only is permitted.

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), Katalyst has designated a Copyright Agent to receive copyright infringement notifications.

Notifications must include:

• Physical or electronic signature of authorised representative of the copyright owner
• Identification of copyrighted work(s) claimed infringed
• Identification of infringing material and information to locate it
• Contact information (address, phone, email)
• Good faith statement that use is not authorised
• Statement under penalty of perjury that complainant is authorised to act

Submit claims to:

Katalyst Copyright Agent, 90 Paramount Drive, Raynham, MA 02767, United States of America.

Email: info@katalystos.com

The Katalyst Site offers Community Features including profiles, stories, forums, bulletin boards, contests, blogs, and message boards where users may transmit messages, information, ideas, opinions, images, audio, video, and creative works (“Submitted Content”).

Users are solely responsible for Submitted Content and must use Community Features responsibly. Registration may require personal information such as name and email, governed by the privacy policy.

By registering, users agree to:

• Provide accurate, current, and complete Registration Data
• Maintain password security
• Maintain and update Registration Data
• Not sell, transfer, or assign accounts
• Be fully responsible for all account use

Katalyst and Vendors do not monitor, review, endorse, or screen Submitted Content but reserve the right to do so. Users acknowledge Submitted Content is not confidential and may be read and accessed widely on the internet with no expectation of privacy.

Users represent that Submitted Content is original or they have the necessary rights. Users are solely liable for costs, claims, demands, losses, damages, and expenses arising from breaching representations or violating this Agreement.

Katalyst may refuse content, remove Submitted Content, revoke usage rights, or use technological and legal means to enforce the Agreement if content violates terms. Katalyst has the irrevocable right to correct errors in Submitted Content.

Users are solely responsible for interactions with other users. Community Features may offer reporting features for violations, and Katalyst reserves the right but has no obligation to monitor disputes.

By transmitting Submitted Content, users grant Katalyst a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable, and irrevocable right and license to use, reproduce, prepare derivative works, distribute, perform, sell, and display content for any purpose throughout the universe in any form or media known or hereafter developed.

The Katalyst Site allows ordering of products from independent Vendors including Restaurants (“Merchandise”), and subscription or download of audio, video, games, and other products and services (“Services”). Many Vendors are not affiliated with Katalyst (“Third Party Providers”).

ALL MERCHANDISE PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. KATALYST EXPRESSLY DISCLAIMS RESPONSIBILITY OR LIABILITY FOR DAMAGE, LOSS, OR INJURY ARISING FROM: VENDOR ACTIVITIES, MERCHANDISE OFFERED, LOSS OR INJURY FROM ACCESS OR INABILITY TO ACCESS THE SITE OR MERCHANDISE, OR LOSS OR INJURY FROM PURCHASE OR USE OF PRODUCTS, MERCHANDISE, OR SERVICES.

Merchandise, Services, and other products are provided for private, non-commercial use. Users may not distribute, modify, translate, rebroadcast, transmit, perform, or create derivative works.

A. Price modifications; merchandise and services availability

Katalyst and each Vendor reserve the right to modify prices. Vendors and Third Party Providers establish their own pricing independent of Katalyst. Services and products are subject to internet and wireless carrier transmission limitations including video/audio dropouts, rebuffering, or loss of connection.

B. Customer service

For questions about Merchandise or Services purchases via the Katalyst Site, contact Customer Service at (857) 323-5986 within the U.S. or email info@katalystos.com.

C. Purchasing; price; payment

To purchase, users may provide complete and accurate personal information including name, address, phone, email, credit/debit card information, and shipping address. The privacy policy explains collection and use of information. Third Party Provider privacy policies apply to their collection and use of information. Purchasing ability is subject to card issuer limits. Users must notify Katalyst immediately of credit/debit card changes or address changes.

Katalyst or Vendors may bill at time of order, shipment, or provision. Users must pay all accrued amounts including sales tax, shipping, and handling when due. Katalyst may decline service or terminate accounts in sole discretion. Neither Katalyst, Vendors, nor Third Party Providers are responsible for third-party transaction security breaches.

By purchasing, users acknowledge credit/debit cards are charged by Katalyst’s or Vendor’s active payment processor (“Vendor”). By using credit/debit cards, users authorise Katalyst and applicable Vendors to charge on the periodic basis and amount specified for Services. If primary card processing fails, users authorise charging an alternative saved card in the Payment Profile section. Users should update card information if account numbers, expiration dates, or other information changes.

D. Sales tax

For Merchandise or Services purchases, Katalyst or Vendors may collect sales tax. Purchasers are responsible for applicable taxes not collected, and certain states require annual sales/use tax returns reporting taxable purchases not taxed. For details, contact applicable taxing authorities. Sales tax amounts, if collected, display prior to purchase completion or in final confirmation.

E. Notifications and other terms and conditions

By accepting this Agreement, users agree Katalyst may notify about price and Services changes by email to their registered address and by publishing notices on applicable informational pages. Users must notify Katalyst of email changes using the online account management tool. If email includes automated cataloguing, users must ensure emails reach their inbox by monitoring bulk/junk/spam folders or adding to address books.

Pricing, terms, and conditions for Merchandise, Services, and other products are subject to availability and change at any time.

F. Access to services

Subscription activation and access to Services and other products may require approval of valid credit/debit cards and verification of submitted information or obtained information like IP addresses.

A. Overview

Katalyst provides opportunities to make dining reservations and purchase Merchandise or Services with reservations (“Reservation Services”) at participating third-party restaurants (“Restaurant”). Availability of reservations and related Merchandise and Services is determined at time of inquiry through Site and Restaurant interaction.

B. Cancellation requirements

Katalyst is committed to providing superior services. Users must cancel reservations they cannot honour according to Restaurant cancellation policy disclosed at reservation time. If no policy is disclosed, users must cancel no later than thirty (30) minutes before reservation time. Users may cancel through the Site or by calling the Restaurant directly. Some Restaurants require debit or credit card numbers to finalise reservations. For these Restaurants, users must provide valid debit or credit card information. A temporary authorisation may be placed when providing card information to verify accuracy, usually removed within a few days. Katalyst uses card information as described in the privacy policy and has no liability for charges made for failure to cancel according to Restaurant cancellation policy.

C. No-show policy

If unable to keep reservations and failing to cancel according to Restaurant cancellation policy or at least thirty (30) minutes in advance, Katalyst sends a “no-show” communication. Registration terminates if users are no-show for four reservations within twelve (12) months. Users receiving no-show notifications in error should contact info@katalystos.com to dispute. All final no-show determinations are made by Katalyst in sole discretion.

D. Reservation use agreement

Users agree to use Reservation Services only to book Restaurant reservations and honour them by arriving on time and ordering and paying for meals. Users covenant not to book more than one reservation for personal use during any meal time (lunch, dinner, etc.). Resale or attempted resale of reservations is prohibited and grounds for cancellation of reservations or registration termination.

A. Applicability

Subject to Section 4 of these Terms, including disclaimers, certain Merchandise or Services may be purchased through Reservation Services. All purchases are subject to pricing and policies, including cancellation policies, of the particular Restaurant or Vendor.

B. Liability and responsibility

EVEN IF YOU CANCEL YOUR RESERVATION IN ACCORDANCE WITH ALL APPLICABLE POLICIES, YOU MAY BE LIABLE FOR, AND BE BILLED FOR, ANY MERCHANDISE OR SERVICES YOU ORDERED IN CONNECTION WITH YOUR RESERVATION. BY ORDERING MERCHANDISE OR SERVICES THROUGH THE SITE’S RESERVATION SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THE RESTAURANT OR VENDOR, AS APPLICABLE, IS SOLELY RESPONSIBLE FOR THE DELIVERY OF SUCH PRODUCTS OR SERVICES AND THAT SUCH PURCHASES ARE SUBJECT TO THE APPLICABLE RESTAURANT’S OR VENDOR’S CANCELLATION AND REFUND POLICIES.

YOU ACKNOWLEDGE AND AGREE THAT YOU PURCHASE ALL SUCH MERCHANDISE AND SERVICES AT YOUR OWN RISK AND SHALL NOT HOLD KATALYST, ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, OR SERVICE PROVIDERS RESPONSIBLE FOR ANY ACT OR OMISSION OF ANY RESTAURANT OR VENDOR.

EACH RESTAURANT AND VENDOR IS RESPONSIBLE FOR ENSURING THAT IT AND THE MERCHANDISE AND SERVICES IT OFFERS COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING LAWS REGULATING THE SALE AND CONSUMPTION OF ALCOHOL.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT KATALYST IS NOT RESPONSIBLE FOR ANY ACT OR OMISSION OF ANY RESTAURANT OR VENDOR IN CONNECTION WITH THE PROVISION OF SUCH SERVICES OR THE SALE OF SUCH MERCHANDISE OR THE IMPOSITION OF ANY TERMS AND CONDITIONS ON ANY OF THEM THAT VIOLATE ANY APPLICABLE LAWS OR REGULATIONS.

FOR ANY AND ALL ISSUES OR QUESTIONS RELATED TO MERCHANDISE, SERVICES, OR ANY OTHER PRODUCTS OR SERVICES OFFERED BY RESTAURANTS AND VENDORS, YOU MUST CONTACT THE APPLICABLE RESTAURANT OR VENDOR. EXCEPT AS SET FORTH IN THIS SECTION, YOU MUST SETTLE ANY RETURNS, DISPUTES, AND ANY OTHER ISSUES RELATING TO SUCH MERCHANDISE AND SERVICES WITH THE APPLICABLE RESTAURANT OR VENDOR.

The Katalyst Site may offer opportunities to enter contests and sweepstakes. By participating, users signify agreement to all special terms on the Katalyst Site applicable to the event as well as this Agreement.

The Katalyst Site may contain links and pointers to other internet sites and resources, including Third Party Providers and Third Party Social Networking Features. Links to and from the Katalyst Site do not constitute endorsement by Katalyst of any third-party website or content. Katalyst is not responsible for availability of third-party resources or their contents. Users should direct concerns regarding external links to applicable third-party website administrators. Katalyst reserves the right to withdraw permission for any link at any time.

USE OF THE KATALYST SITE AND THE PRODUCTS, MERCHANDISE, AND SERVICES IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF DAMAGES, LOSSES, OR INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

A. As-is provision

EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY KATALYST AND/OR THE APPLICABLE VENDOR, THE KATALYST SITE, AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING ALL PRODUCTS, MERCHANDISE, AND SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

B. Limited warranties

KATALYST DOES NOT WARRANT THAT: (1) THE KATALYST SITE OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE KATALYST SITE, THE PRODUCTS, MERCHANDISE, OR SERVICES WILL BE CORRECTED; (3) THE KATALYST SITE, THE PRODUCTS, MERCHANDISE, OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE KATALYST SITE, THE OTHER KATALYST PROPERTIES, THE PRODUCTS, MERCHANDISE, OR SERVICES WILL BE ACCURATE OR RELIABLE.

NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERMS AND CONDITIONS OF THE KATALYST SITE, OR ANY ACT OR FAILURE TO ACT BY KATALYST OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE COMMUNITY FEATURES OF THIS WEBSITE.

A. Transaction security

IN NO EVENT SHALL KATALYST BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS, MERCHANDISE, OR SERVICES.

B. Damages limitation

IN NO EVENT SHALL KATALYST OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE KATALYST SITE INCLUDING ANY TRANSACTION FOR PRODUCTS, MERCHANDISE, OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KATALYST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF KATALYST IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

C. Service failures

IN NO EVENT SHALL KATALYST BE LIABLE FOR ANY FAILURE, INTERRUPTION, OR ERROR WITH RESPECT TO ANY ASPECT OF THE KATALYST SITE, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.

D. Personal injury

KATALYST, ITS LICENSORS, ITS VENDORS, OR ANY THIRD PARTIES MENTIONED ON THE KATALYST SITE SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO ANY PERSON CAUSED BY YOUR USE OR MISUSE OF THE KATALYST SITE OR THE CONTENT OF SUCH SITE.

Users hereby agree to indemnify and hold Katalyst, and each of its subsidiaries and affiliated entities, any entity which controls, is controlled by, or is under common control with Katalyst, and the directors, officers, managers, employees, and agents of the above entities, harmless from any and all claims, liabilities, damages, losses, and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) user use of the Katalyst Site, (B) purchase and use of products, Merchandise, and/or Services via the Katalyst Site, or (C) any alleged or actual breach of this Agreement or violation of applicable law or regulation by users.

This Agreement remains in full force and effect while users access or use the Site or Services. Katalyst may change, suspend, or discontinue any aspect of the Katalyst Site at any time, including availability of any product, Merchandise offering, Service, feature, database, or content. Katalyst may impose limits on offerings and features or restrict access to parts or the entirety of the Katalyst Site without notice or liability at any time in its exclusive discretion, without prejudice to any legal or equitable remedies available to Katalyst, for any reason or purpose, including conduct that Katalyst believes violates this Agreement or other policies posted on the Katalyst Site or conduct Katalyst believes is harmful to other customers, Katalyst’s business, or other information providers.

This Agreement may be immediately terminated at any time by Katalyst in its sole discretion. Katalyst may immediately terminate this Agreement if users breach any term. Sections 2, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 18 of this Agreement will survive any termination or cancellation.

Any and all disputes, claims, or controversies arising out of or relating to this Agreement, breach thereof, or any use of the website (including all commercial transactions conducted through the website) (“Claims”) shall be settled by binding arbitration on an individual basis and not in a class or representative basis before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable.

IN AGREEING TO ARBITRATE ALL CLAIMS, YOU AND KATALYST WAIVE ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING ANY CLAIM. The arbitration shall be held in Suffolk County, Massachusetts, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement.

A. Arbitrator authority

Subject to limitations in this Section 13, the arbitrator shall have authority to award legal and equitable relief available in Massachusetts courts, provided that:

• The arbitrator shall not have authority to award punitive damages
• Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with any arbitration or other proceeding involving a Claim of any other party

Users and Katalyst agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.

B. Non-arbitration claims

For Claims not eligible for arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the federal and state courts of competent jurisdiction sitting within Suffolk County, Massachusetts (the “Forum”), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) users and Katalyst waive any and all rights to trial by jury with respect to any Claims.

C. Attorneys’ fees

In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section 13, or initiates a proceeding involving a Claim under this Section 13 other than in the Forum, the other party shall be entitled to recover all attorneys’ fees and expenses reasonably incurred in enforcing the arbitration provisions of this agreement and the Forum to which the parties have herein agreed.

D. Time period limitation

To the maximum extent permitted by law, users permanently and irrevocably waive the right to bring any Claim unless they provide Katalyst with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.

Any and all Claims arising out of or related to this Agreement or to user use of the Site, or any product or Service provided by Katalyst or through the Site, shall be governed by, and construed and interpreted in accordance with, the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles.

Users agree that unauthorised use of their registration or this Site, including any content, will breach the security of the Site including contained data and therefore would cause irreparable harm to Katalyst for which no adequate remedy at law exists. Users therefore agree that, in addition to any other remedies available, Katalyst is entitled to equitable relief to enforce its rights and these Terms of Use.

This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Katalyst in its sole discretion may amend this Agreement, and user use of the Katalyst Site after such amendment is posted on this Site will constitute acceptance of the amended Agreement by users.

If any term in this Agreement is declared unlawful, void, or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import. This Agreement and user rights and obligations under this Agreement may not be assigned or otherwise transferred by users without the prior written consent of Katalyst.

BY USING THE KATALYST SITE, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT.

If users do not agree to the terms in this Agreement, they must not use the Katalyst Site. Katalyst may change the terms of this Agreement at any time, and user use of the Katalyst Site after such changes are posted will mean that users accept them. Users acknowledge and agree that Katalyst will have no obligation to provide technology support in connection with the Site or Services.

To the fullest extent permitted by applicable law, these Terms of Use and any other agreements, notices, or other communications regarding the Site, user registration, and/or user use of the Site (“Communications”) may be provided electronically and users agree to receive Communications in electronic form. Communications may be posted on Site pages and/or delivered to email addresses. Users should retain copies of any Communications for their records. All Communications in electronic format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not users have opened, received, or retrieved the Communication.

Katalyst reserves the right, but assumes no obligation, to provide Communications in paper format. User consent to receive Communications electronically is valid until users revoke consent by notifying Katalyst by sending an email message to info@katalystos.com expressly stating their desire to receive paper Communications. If users revoke consent to receive Communications electronically, Katalyst reserves its right to, and may, in its sole discretion terminate user right to use the Site.

Under California Civil Code Section 1789.3, California users of the Katalyst Site are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

The Site is not designed for and does not intentionally target or solicit children 13 years of age and younger. Families are encouraged to obtain additional information about safe use of the internet at ftc.gov/kidzprivacy.