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.
By providing your email address through any form on the site, you agree and consent for Catapult Health and its partners to contact you electronically via email, which may not be encrypted, using automated technology, 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, may be received or accessed by unintended recipients, intercepted, altered, or used without authorization or detection. 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 e-mail 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: Catapult Health Privacy Officer, PO Box 670713, Dallas, TX 75267-0713 or following the opt-out instructions provided in the email. The removal of your consent does not apply to any messages to my email address transmitted by or on behalf of Catapult Health before you write to them or complete the opt-out process via instructions provided.
SMS Text Message Communication
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.
- 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.
- 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.
- 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.
- 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.
- 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
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:
- the Content is used solely for personal, informational, or internal business purposes;
- 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;
- all copyright, trademark and other intellectual property and proprietary rights notices included in the Content as presented on the Site appear on all copies;
- the Content is not modified or altered in any way; and
- 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.
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:
- delete, modify, hack or attempt to change or alter any of the Content on the Site;
- 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;
- 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;
- 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;
- 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;
- 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;
- create a false identity for the purpose of misleading others, breach any contractual or confidentiality obligations, violate the privacy rights of others; or
- 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.
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.
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 us at privacy@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:
- 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;
- identification of the copyrighted work alleged to have been infringed;
- a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
- information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
- 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
- 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.
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.
THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND CATAPULT HEALTH MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST CATAPULT HEALTH TO BINDING, CONFIDENTIAL AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
Agreement to Arbitrate
In consideration of and as a condition of your use of the Site, you and Catapult Health (collectively, “the parties”) agree as follows (the “Arbitration Agreement”):
Applicability; Exclusions; Court and Jury Trial Waiver
The parties agree that any and all covered disputes (as defined below) that either party has the legal right to sue for in court, whether now or in the future, shall be subject to final, confidential and binding arbitration under the arbitration provisions set forth below. This means that the parties have selected arbitration as the sole and exclusive forum for the parties to sue or be sued in for all covered disputes, regardless of when the dispute first arose or arises and irrespective of the time period(s) involved in the dispute. The term “covered disputes” means all disputes and claims between the parties, including any disputes or claims: (i) arising out of or relating to these Terms; (ii) relating to the relationship between the parties; (iii) arising under any state, federal, or international law(s) of similar import; and (iv) all other claims or disputes under federal, state, and local statutes and laws, municipal ordinances, executive orders, contract, tort, public policy, or common law (judge-made law).
The parties intend to require arbitration of all covered disputes that can lawfully be arbitrated. It is understood by the parties that the term “covered disputes” shall cover and include all such disputes not only between the parties to these Terms but also all disputes or claims against any of your heirs, executors, personal representatives, and assigns, and all such disputes or claims not only against Catapult Health but also against any and all of its affiliates, subsidiaries, and parents collectively, and its and their predecessors and successors and any of its and their collective officers, agents, employees, members, shareholders, directors, managers, and attorneys.
Usage of JAMS Streamlined or Comprehensive Arbitration Rules and Procedures; Arbitrator to Decide All Issues; Arbitrator’s Decisions Are Final and Binding
Either party shall initiate arbitration under either the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures (which are currently available for review at https://www.jamsadr.com/adr-rules-procedures/). The arbitrator (and not a court) shall decide all issues in any covered dispute including, but not limited to, issues regarding the non-availability of class arbitration, timeliness, scope of arbitrator’s authority, arbitration procedures, any issues regarding arbitrability of the parties’ dispute, statute of limitations, and all other issues regarding the application, interpretation, and implementation of these Terms. The arbitrator’s decisions shall be final and binding. The parties agree that a court of competent jurisdiction shall have the authority to enter a judgment upon the award made by the arbitrator or to confirm an arbitration award, and any such proceeding shall not itself be deemed a covered dispute.
Selection and Authority of Arbitrator; Full Remedies Available; Enforceability
The parties agree that a single arbitrator shall be selected by the parties consistent with the applicable JAMS Rules and Procedures as they exist at the time of these Terms’ execution. To the fullest extent permitted by law, the arbitrator shall have the power and authority to award any remedy or relief available under applicable law and shall be the sole authority to interpret and apply the provisions of these Terms. The arbitrator shall apply the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles, to the covered dispute. If there are any ambiguities in these Terms, it is the parties’ intent that all ambiguities be resolved in favor of arbitration. If any provision of this Arbitration Agreement is unenforceable, the remainder of this Arbitration Agreement shall remain in full force and effect.
Class and Collective Action Waiver; No Consolidated or Joint Actions
The parties agree that all covered disputes brought against each other will be arbitrated on an individual basis only and not in a class action arbitration, a collective action arbitration, or on any other group, representative, consolidated, or joint basis. The arbitrator shall have no authority to consider or resolve any covered dispute or any claim or issue in a covered dispute on any basis other than on an individual basis and may not proceed or direct the parties to proceed on a class or collective action basis or consolidate or join one or more covered disputes pertaining to you with any other individual’s or entity’s covered dispute(s). The provisions in this Arbitration Agreement mean that both parties waive their right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action or claim against the other party or in any such action or claim consolidated or joined with another party, with respect to any covered dispute, and each party agrees to opt-out of or be severed from any such action or proceeding.
The parties agree that they shall share equally (each pay one-half) the fees and costs of the arbitrator and the fees and costs of arbitration charged by JAMS; except that: (i) in all cases where required by law, Catapult Health will pay the full amount of the arbitrator’s and JAMS arbitration fees and costs; and (ii) where the arbitrator determines that it is appropriate or necessary based on your financial resources, Catapult Health shall pay more than one-half, in an amount to be determined by the arbitrator as fair and equitable. Each party shall bear the cost of his/her/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. In rendering an arbitration award, the arbitrator shall apply applicable and appropriate law and shall award all statutory remedies and penalties, including attorneys’ fees and costs to the extent authorized by and consistent with law. The award shall be in writing and the arbitrator shall set forth the essential findings of fact and law. Either party may request that a transcript and/or recording of the hearing be made.
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.
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.
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.
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.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Sites 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.
Catapult Health welcomes your questions or comments regarding the Terms:
Catapult Health, LLC
Attn: Privacy Officer
5294 Belt Line Road, Suite 200
Dallas, Texas 75254
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 October 1, 2020