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Terms of Use

This website is owned and operated by Catalyst Medical Consulting, LLC and Catalyst Medical Consulting, INC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors instructions on how to use the large databases specified on the website (the databases) for data analysis. It includes limited discussion of statistical methods needed for the data analysis above. It is not intended to be a comprehensive discussion of statistics or the databases. By accessing or using the website or our service, you approve that you have read, understood, and agree to be bound by these Terms.


In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.


1- When registering for the workshop you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

2- The prices we charge for our services are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your payment method upon checkout. 

 

3- Return and refund policy: All registrations for the workshop are final. No refunds will be issued once the purchase is processed.


4- We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

5- Ownership of intellectual property, copyrights and logos:


a- The Service and all materials (the material) therein or transferred thereby, including, without limitation, STATA do files, software, videos, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Catalyst Medical Consulting, LLC and Catalyst Medical Consulting, INC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. The material is exclusively and only for personal use by the user. 

 

b- You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.


6- We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time.

7- Indemnification: You agree to indemnify and hold Catalyst Medical Consulting, LLC and Catalyst Medical Consulting, INC, its affiliated entities and employees harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

8- Online Catalyst Workshop:

 

By registering for the Online Catalyst Workshop , you understand and explicitly agree to the following in addition to the terms of use stated in this document:

 

a- The workshop material (the material) including the videos, slides, lectures,  STATA do files are the intellectual property of Catalyst Medical Consulting, LLC and Catalyst Medical Consulting, INC exclusively. They are intended for personal use only by persons who registered for and paid the full registration fee of the Online Catalyst Workshop as determined from the information provided during the registration process . It is strictly forbidden to share any or all of the material with anyone in any shape or form and for any reason, including to teach any part of the material to persons who did not register for  the Online Catalyst Workshop. It is also strictly forbidden to share username and or password or any form of account access with any person who did not register for the Online Catalyst Workshop. The name, email and other information provided during  registration cannot be changed once submitted. User accounts are not transferable to any other person or entity for any reason

b- Sharing any part of the material, including sharing your username and/or password is a breach of this agreement and is punishable according to the laws protecting intellectual property including monetary fines and/or imprisonment. In addition, in case of such breach of this agreement, your access to the material and this website will be immediately terminated and you understand and agree to pay all resulting court and attorney related expenses incurred by Catalyst Medical Consulting, Inc as a result of the breach.

c- In case a breach of this agreement is suspected as determined by us at our sole discretion,  a requirement to authenticate the user  via phone calls, text messaging, e-mail or other methods can be imposed before access to the website is granted. 

 

d - Although Catalyst Medical Consulting, LLC and Catalyst Medical Consulting, INC have made every effort to ensure that the material is correct and accurate, Catalyst Medical Consulting, LLC and Catalyst Medical Consulting, INC are not responsible for any errors or omissions in the material and does not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by such errors or omissions, whether such errors or omissions were foreseeable or not and whether they result from negligence, accident, or any other cause.


9- We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

10- Promotional emails and content: You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time at registration@catalystsclinic.com or unsubscribe directly from the link included in the email. 


11- These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the state of Virginia in the United States of America, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Fairfax County, VA. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

12- Limitation of liability: 

a- To the maximum extent permitted by applicable law, in no event shall Catalyst Medical Consulting, LLC or Catalyst Medical consulting, INC be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

b- To the maximum extent permitted by applicable law, Catalyst Medical Consulting, LLC and Catalyst Medical Consulting, INC assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

13. Dispute Resolution; Arbitration Agreement; Class Action Waiver.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE CONSUMER RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA RULES”), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

 

For purposes of this Section 9, “Catalyst Medical Consulting” or “we” shall include Catalyst Medical Consulting,  LLC, Catalyst Medical Consulting, INC and its subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.

 

(a) MANDATORY NOTICE OF DISPUTE AND INFORMAL DISPUTE RESOLUTION PROCESS

 

If you and Catalyst Medical consulting  (defined below) and our customer service team is unable to resolve your concerns, you and Catalyst Medical consulting agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. Before initiating an arbitration, you and Catalyst Medical consulting each agree to first provide the other with a detailed written notice (“Notice of Dispute”). The Notice of Dispute must include: your or our name and contact information (address, telephone number, email address, and username if applicable); sufficient information to enable you or us to identify any transaction at issue (including any receipts or purchase details), and a detailed description of: (i) the nature and basis of the Dispute, with any relevant documents and supporting information; and (ii) a statement of the specific relief sought (including a detailed calculation of any damages). A Notice of Dispute must be mailed to Catalyst Medical consulting, at 3380 Hogeland Lane, Huntingdon Valley, PA, 19006. Catalyst Medical consulting will provide a Notice of Dispute to you via the billing address associated with your Account and/or billing information (the “Notice Address”). You or we must personally sign the Notice of Dispute. A personal signature must be handwritten and does not include any digital or electronic signature. By personally signing the Notice of Dispute, you or we certify that: (1) the Notice of Dispute is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or impose unnecessary costs (including arbitration fees); (2) the Dispute has legal support and is not frivolous; and (3) the factual contentions have evidentiary support, or if so specified, will have evidentiary support after a reasonable opportunity for further investigation.

 

If requested by the party that receives the Notice of Dispute, the other party must personally appear at and participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Dispute.

 

For a period of 60 days from the date of receipt of a complete Notice of Dispute, you and Catalyst Medical consulting agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until the 60-day post-notice resolution period expires, which period may be extended by agreement of the parties. If an agreement cannot be reached within 60 days of receipt of the Notice of Dispute, you or Catalyst Medical consulting may commence an arbitration proceeding, pursuant to the procedure outlined below.  Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.

 

If the sufficiency of a Notice of Dispute or compliance with this mandatory informal dispute resolution process is at issue, it may be decided by a court of competent jurisdiction at either party's election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees.  You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

 

(b) ARBITRATION AGREEMENT.

 

IF WE ARE UNABLE TO RESOLVE ANY DISPUTE THROUGH THE INFORMAL DISPUTE RESOLUTION PROCESS, YOU AND WE AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND ANY CATALYST MEDICAL CONSULTING PARTIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THE SITES, TO THE USE OR ACCESS THEREOF, TO THE PRODUCTS, SERVICES, BENEFITS, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED ON OR THROUGH THE SUBSCRIPTION, SITES, AND/OR AN APPLICATION, ENFORCEABILITY, SCOPE, OR INTERPRETATION OF THIS AGREEMENT TO ARBITRATE ("DISPUTES"), SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION.   YOU AND WE AGREE THAT THIS AGREEMENT EXTENDS TO ALL EXISTING AND FUTURE DISPUTES BETWEEN US, INCLUDING ANY DISPUTES THAT AROSE PRIOR TO YOUR ACCEPTANCE OF THIS AGREEMENT.

 

All Disputes shall be submitted for binding arbitration in accordance with the Consumer Rules of the American Arbitration Association (“AAA Rules”) then in effect. The AAA Rules are available on its website at https://adr.org/sites/default/files/Consumer%20Rules.pdf. To commence arbitration, a Demand for Arbitration is required to be executed and served on Catalyst Medical consulting, at 3380 Hogeland Lane, Huntingdon Valley, PA, 19006 pursuant to instructions provided by AAA to submit a Dispute to arbitration.  Service of the Demand for Arbitration on you will be sent to the Notice Address. Further instructions on submitting a Demand for Arbitration can be found at https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf. The arbitration will be heard and determined by a single, neutral arbitrator. The arbitration shall take place telephonically unless an in-person hearing is specifically requested by either party.  If an in-person hearing is requested, such in-person hearing shall take place in Fairfax County in the state of Virginia.  You and a Catalyst Medical consulting representative must personally appear (with counsel if you or we are represented) at an initial telephone conference with a case manager before an arbitrator is appointed and at a hearing should one be scheduled by the arbitrator. Disputes may also be referred to an arbitration organization other than AAA if you and Catalyst Medical consulting agree in writing.

 

The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, scope, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable.

 

The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. The arbitrator shall have the authority under Federal Rule of Civil Procedure 11 to issue sanctions against any party and counsel as a court would. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. Notwithstanding anything to the contrary, Catalyst Medical consulting will pay all fees and costs that we are required by law to pay.

 

This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided herein.

 

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator may award in the arbitration the same damages or other relief available under applicable law subject to any applicable limitation of liability, including injunctive and declaratory relief, as if the action were brought in court on an individual basis.

 

(c) SPECIAL ADDITIONAL PROCEDURES FOR MASS ARBITRATION

If 25 or more similar claims are asserted against Catalyst Medical consulting by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following process. Counsel for the claimants and counsel for Catalyst Medical consulting shall each select 10 cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial 20 proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, and Catalyst Medical consulting shall pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, each side shall select 20 cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than 40 claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the 40 proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, and Catalyst Medical consulting shall pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with 100 cases proceeding at one time that are selected randomly or by AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, Catalyst Medical consulting agrees to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section where a Notice of Dispute or Demand for Arbitration has been submitted, from the time the first cases are selected for a bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Catalyst Medical consulting. Should a court of competent jurisdiction decline to enforce these "Special Additional Procedures for Mass Arbitration," you and we agree that your and our counsel shall engage in good faith with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with AAA to address reductions in arbitration fees.

 

(d) FUTURE CHANGES TO DISPUTE RESOLUTION SECTION.

 

Not withstanding any provision to the contrary, we agree that if Catalyst Medical consulting makes any future changes to this Dispute Resolution section (other than a change to the mailing or email address), you may reject any such change by sending us written notice personally signed by you within 30 days of the change to the address provided above. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution section.

 

(e) NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY DISPUTE. Further, unless both you and Catalyst Medical consulting expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding.

 

If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Section, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court, which that party shall be permitted to pursue in the appropriate court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” Including a claim for “public injunctive relief” in any complaint shall not deprive the arbitrator of any right to hear and adjudicate all other claims in arbitration. In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

 

(f) Except as specifically provided in this section (e.g., the Additional Procedures for Mass Filings), if any part or parts of the mandatory informal dispute resolution process, arbitration agreement, class action waiver, is/are found by a court of competent jurisdiction to be invalid or unenforceable as to your Dispute, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of this section shall continue in full force and effect. The mandatory informal dispute resolution process, arbitration agreement, and class action waiver will survive the termination of these Terms of Use. No waiver of any provision of this Section of this Agreement will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Agreement. This Section of the Agreement will survive the termination of your relationship with us.

For any questions related to the term if use please contact us at: info@catalystsclinic.com
 

The Terms of Use are effective as of January 01, 2021. 

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