Terms of Use

Welcome to CatapultHealth.com. The CatapultHealth.com website (the “Site”) is comprised of various web pages owned and operated by Catapult Health, LLC (“Catapult Health”). CatapultHealth.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of CatapultHealth.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. By accessing or using the Site or Content in any way, including without limitation, browsing the Site or Content, using any information and/or submitting any content or information to Catapult Health, you agree to and are bound by all of the terms and conditions in these Terms, including conducting this transaction electronically, disclaimers, damage and remedy exclusions and limitations, and a choice of Texas law.

Privacy

Your use of the Site and Content is subject to Catapult Health’s Privacy Policy, which is accessible at http://www.catapulthealth.com/notice-of-privacy-practices/ (the “Privacy Policy”), and Catapult Health will treat any information it collects from you through the Site in accordance with the Privacy Policy. Please review the Privacy Policy prior to using the Site or Content. If you are unwilling to accept the terms and conditions of the Privacy Policy, do not use the Site or Content.

Catapult Health does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use CatapultHealth.com only with permission of a parent or guardian.

Electronic Communications

Visiting the Site or sending emails to Catapult Health constitutes electronic communications. Receiving emails and text messages from or on behalf of Catapult Health also constitutes electronic communications.  You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, including without limitation via email, text message and on the Site, satisfy any legal requirement that such communications be in writing.

By providing your email address and/or mobile phone number through any form available on the Site, you agree and consent for Catapult Health and its partners to contact you electronically via (1) email, which may not be encrypted, and (2) text messages to your mobile phone number using automated technology, which may not be encrypted, to remind you of appointments, inform you of test results, provide you with information about treatment alternatives, let you know about Catapult Health’s services, programs, events, and/or opportunities available through Catapult Health or its partners, including marketing communications, available appointment times, medication reminders and other communications intended to enhance your experience and opportunities to receive benefits from Catapult Health’s services.  You acknowledge and understand that electronic communications, including unencrypted emails and text messages, may be received or accessed by unintended recipients, intercepted, altered or used without authorization or detection.  You understand that receiving such text messages may result in your mobile phone account incurring additional data charges.  You understand that providing your consent for such communications is not a condition to obtain services from Catapult Health; however, you understand that some Catapult Health services are delivered via such communications, and failure to provide consent to receive such communications will result in such services being unavailable to you. You understand that Catapult Health may depend on your consent to receive such electronic messages for as long as you participate in the Wellness Program.  You may remove this consent at any time by writing to Catapult Health at the following address:  8144 Walnut Hill Lane, Suite 1100, Dallas, TX  75231 or following the opt-out instructions provided in the email or text message.   The removal of your consent does not apply to any messages to your email address or mobile phone number transmitted by or on behalf of Catapult Health before you write to us or complete the opt-out process via instructions provided in the email or text message.

Images

While many of the persons who are pictured on this website are employees, independent contractors and/or patients of Catapult Health, some of those persons pictured are models and not associated with the company.

Site Content

  1. The Site is for your personal and noncommercial use. Except for any Third-Party Content, all contents of the Site are: © Catapult Health, LLC. All rights reserved. CATAPULT HEALTH and the Catapult Health logo are trademarks of Catapult Health, LLC.  The Site contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, logos, video and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of the Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”).  Neither these Terms nor your use of the Site transfers any right, title or interest in the Site or the Content to you, and Catapult Health and its third party licensors and content providers retain all of its and their respective right, title and interest to the Site and Content.
  2. Except as expressly set forth in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit or use any Content or information from the Site, in whole or in part, without the express written permission of Catapult Health.  In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
  3. The Site is available worldwide to anyone with Internet access. However, the Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances.  Further, a reference to a product or service on the Site does not imply that such product or service is or will be available in your location.  The Content and the Site are intended for use and display only where their use and display are permissible in accordance with applicable laws and regulations.
  4. Certain materials on the Site may be furnished by third parties. Certain Catapult Health designations for companies other than Catapult Health may be mentioned in the Site for identification purposes only.  Third party trademarks, trade names, logos, product or services names contained on the Site, including lab tests and lab test names and identifiers, are the trademarks, registered or unregistered, of their respective owners.
  5. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of Catapult Health’s Intellectual Property Rights or under any third party’s Intellectual Property Rights.  Any rights not expressly granted herein are reserved.

Your use of the Site does not create a joint venture, partnership, agency, or employment relationship with Catapult Health. Catapult Health encourages you to exercise common sense and caution in your use of the Site.

Links to Third Party Sites/Third Party Services

CatapultHealth.com may contain links to other websites (“Linked Sites”) and/or access to content, information, products and services of third parties (“Third-Party Content”). The Linked Sites and Third-Party Content are not under the control of Catapult Health and Catapult Health is not responsible for the contents of any Linked Site or Third-Party Content, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or any Third-Party Content. Catapult Health is providing the Linked Sites and Third-Party Content to you only as a convenience, and its doing so does not imply endorsement by Catapult Health of any Linked Site or Third-Party Content, or any association with its operators. You bear all risk associated with use of or reliance upon Third Party Content and/or Linked Sites. You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them.  Catapult Health does not author, edit or monitor these Linked Sites or Third-Party Content, and is not responsible or liable for: (a) the availability of or content provided on such Linked Sites; (b) Third-Party Content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site or Third-Party Content; or (d) your dealings with any third parties found on or through the Site, including your participation in promotions, the payment for and delivery of goods, if any, and any terms, conditions, warranties, or representations associated with such dealings.

Permissible Use

Except as indicated to the contrary elsewhere on the Site, you may view, copy, retransmit and print the Content available on the Site subject to the following conditions:

  1. the Content is used solely for personal, informational, or internal business purposes;
  2. the Content is not provided, sold, licensed or leased (nor is access provided to the Content) to a third party for any fee or other consideration;
  3. all copyright, trademark and other intellectual property and proprietary rights notices included in the Content as presented on the Site appear on all copies;
  4. the Content is not modified or altered in any way; and
  5. no graphics are used separately from accompanying text.

Catapult Health does not grant you any rights, express or implied, to any intellectual property of Catapult Health or any of its Representatives or licensors except as expressly set forth in these Terms.

User Conduct

By using the Site, including any Content and services available through it, you agree that you shall not, and shall not permit any third party to:

  1. delete, modify, hack or attempt to change or alter any of the Content on the Site;
  2. use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site or the Content;
  3. use any robot, spider or other automatic or manual device or process for the purpose of harvesting, scraping, or compiling information from the Site or Content for purposes other than for a generally available search engine;
  4. use any Catapult Health names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
  5. use any material or information, including without limitation, images or photographs, which are made available through the Site or Content in any manner that infringes any copyright, trademark, patent, trade secret or other intellectual property or proprietary right of any party;
  6. transmit files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  7. create a false identity for the purpose of misleading others, breach any contractual or confidentiality obligations, violate the privacy rights of others; or
  8. provide false information, impersonate another person or entity, or misrepresent your affiliation with any entity.

Accounts and Passwords

In order to access certain features on the Site and to post content on the Site, you may be required to create an account.  By setting up an account, you agree to provide Catapult Health with accurate and complete information.  You are responsible for protecting and maintaining the secrecy of your username and password.  Catapult Health will not be responsible or liable for any loss or damage that results from your failure to comply with this security obligation.  You are solely responsible for any and all activities or actions that occur under your account, whether or not you have authorized such activities or actions.  You agree to immediately notify Catapult Health of an unauthorized use of your username or password.

International Users

The Site is controlled, operated and administered by Catapult Health from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Content accessible through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Copyright Infringement

In accordance with the Digital Millennium Copyright Act (“DMCA”), Catapult Health has designated an agent to receive notifications of alleged copyright infringement associated with the Site and Content.  Catapult Health will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at admin@CatapultHealth.com or through the address set forth at the end of this page. When notifying Catapult Health of the alleged copyright infringement, please include all of the following information:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
  2. identification of the copyrighted work alleged to have been infringed;
  3. a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
  4. information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
  5. a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.

If material is believed in good faith by Catapult Health to infringe a copyright or otherwise violate any intellectual property rights, Catapult Health will remove or disable access to any such material.

Indemnification

You agree to indemnify, defend and hold harmless Catapult Health, its officers, directors, employees, agents, affiliates, shareholders, subsidiaries, and parents from and against any and all losses, costs, claims, damages, disputes, costs, fees, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site, Content, or services, any user postings made by you, your violation of any terms of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

Disclaimers

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. CATAPULT HEALTH AND ITS REPRESENTATIVES (AS DEFINED HEREIN) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. CATAPULT HEALTH AND ITS REPRESENTATIVES MAKE NO WARRANTY, AND EXPRESSLY DISCLAIM ANY OBLIGATION, THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT OR THIRD PARTY CONTENT OR ANY SUBMISSION WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE CONTENT CONTAINED THEREON; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CATAPULT HEALTH, ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, OR FROM ALL THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, OR DISTRIBUTORS (COLLECTIVELY, “REPRESENTATIVES”) OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, THIRD PARTY CONTENT, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR THE USE AND RESULTS OF SUCH CONTENT AND DATA.

THE SITE IS DESIGNED FOR INFORMATION PURPOSES ONLY. ANY RELIANCE ON THE CONTENT AND/OR THIRD PARTY CONTENT ON THE SITE IS SOLELY AT YOUR OWN RISK. CATAPULT HEALTH AND ITS REPRESENTATIVES DO NOT PROVIDE MEDICAL DIAGNOSES OR RECOMMENDATIONS ABOUT MEDICAL TREATMENT, AND DO NOT RECOMMEND OR ENDORSE ANY TYPE OF MEDICAL TEST, ANY FORM OF TREATMENT, OR ANY PRODUCTS OR INFORMATION THAT MAY BE CONTAINED IN THE CONTENT. THE CONTENT, THIRD PARTY CONTENT, AND/OR ANY OTHER INFORMATION ON THE SITE ARE NOT INTENDED IN ANY WAY TO BE A DECISION SUPPORT TOOL, OR A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DECISIONS MADE WITH REGARD TO ANY USE OF ALL CONTENT, ALL THIRD PARTY CONTENT, AND ALL OTHER INFORMATION AND MATERIALS OBTAINED OR OTHERWISE ASSESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, CLINICAL, DIAGNOSTIC AND ADMINISTRATIVE DECISIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CATAPULT HEALTH OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, OR USE OF THE SITE OR CONTENT, THESE TERMS, OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, EVEN IF CATAPULT HEALTH OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. YOU ACKNOWLEDGE AND AGREE THAT YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND CONTENT, AND THE USE AND TRANSMISSION OF ALL DATA YOU UPLOAD OR SUBMIT TO OR THROUGH THE SITE. IF THE LIMITATIONS SET FORTH IN THIS SECTION 12 ARE HELD TO BE UNENFORCEABLE FOR ANY REASON, CATAPULT HEALTH’S LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND CONTENT.

You agree that any claim or cause of action arising out of these Terms or your use of the Site and Content must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Any failure by Catapult Health to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

Termination/Access Restriction

Catapult Health reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice, and is not obligated to support or update the Site or Content.  All Sections of these Terms that by their terms or their nature must survive expiration or termination shall survive and continue in full force and effect. Catapult Health may also impose limits on certain features and services, restrict your access to parts or all of the Site or Content, or charge fees for access to portions of the Site or Content without notice or liability.  You acknowledge and agree that Catapult Health will not be liable to you or any third party in the event that Catapult Health exercises its right to modify or terminate access to the Site, Content, or any portions thereof.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Catapult Health as a result of these Terms or use of the Site. Catapult Health’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Catapult Health’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or Content or information provided to or gathered by Catapult Health with respect to such use. If any part of these Terms is held invalid or unenforceable by a court of competent jurisdiction, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

Ownership

Catapult Health, LLC is a privately-held Texas Limited Liability Company. Various Catapult Health officers, employees, physicians and non-management investors have an ownership interest in Catapult Health; specific ownerships interests are strictly confidential.

Changes to Terms

Catapult Health reserves the right, in its sole discretion, to change the Terms under which CatapultHealth.com is offered. The most current version of the Terms will supersede all previous versions. Catapult Health encourages you to periodically review the Terms to stay informed of our updates. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of the Site. Catapult Health’s goal is to provide complete, accurate, and up-to-date information on the Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current.  Catapult Health therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. 

Governing Law; General

These Terms are governed by the laws of the State of Texas, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts serving Dallas County in the State of Texas in the event of any dispute of any kind arising from or relating to the Site or Content, or your use or review of it. Use of the Site or Content is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. These Terms, as modified from time to time, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. No act or failure to act by Catapult Health with respect to any breach of these Terms shall constitute a waiver of its right to act with respect to such breach or any subsequent breach. You may not assign or transfer any of your rights or obligations under these Terms without Catapult’s Health’s prior written consent. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.

Contact Us

Catapult Health welcomes your questions or comments regarding the Terms:

Catapult Health, LLC
8144 Walnut Hill Lane, Suite 1100
Dallas, Texas 75231

Email Address:
admin@catapulthealth.com

Telephone number:
214-785-2200

Acknowledgement

You hereby acknowledge and agree (a) that you have read and understood these Terms, and (b) that these Terms have the same force and effect as a signed agreement.

Last updated and effective as of July 1, 2017