PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE MONEY TRANSFER SERVICES (AS DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE MONEY TRANSFER SERVICES IN ANY MANNER.
We do not currently charge you any fee for using the Money Transfer Services, however, Catch Financial, Inc. may charge you a separate fee for using their services.
For our compliance purposes and in order to provide the Money Transmission Services to you, you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity. When you register for the Money Transmission Services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as:
By using the Money Transmission Services and providing User Information to Catch Financial, Inc., you automatically authorize us to obtain, directly or indirectly through our third-party service providers and without any time limit or the requirement to pay any fees, information about you and from the financial institution holding your Existing Bank Account and other third-party websites and databases as necessary to provide the Money Transmission Services to you. For purposes of such authorization, you hereby grant us and our respective third-party service providers a limited power of attorney, and you hereby appoint us and our third-party service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place, and stead, in any and all capacities, to access third-party websites, servers, and documents; retrieve information; and use your User Information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR OUR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, WE AND OUR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you.
Using the Website or Application, you can transfer money from your Existing Bank Account into your Account. Once the funds in your Account are made available by BBVA and you have become a client of Catch’s Wealth Components pursuant to Catch’s written investment advisory agreement, you can use the Website or Application to transfer money from your Account to select individual retirement accounts offered by Third Party Trade LLC, a separate brokerage firm that is not affiliated in with BBVA.
You may use the funds in your Account only to (i) transfer money from your Account to select individual retirement accounts offered by Third Party Trade LLC; or (ii) transfer money from your Account back to your Existing Bank Account and for no other purpose. You are solely responsible for determining whether the funds debited from your Account are acceptable to you. We are not responsible for any third-party fees that may be incurred as a result of using the Money Transmission Services, including, but not limited to, third-party fees from Catch Financial, Inc. or Third Party Trade LLC.
BBVA is not a financial adviser, and the Money Transmission Services are not intended to provide financial advice. Before investing or transferring any amounts to Third Party Trade LLC, you should consider obtaining additional information and advice from a financial adviser. The IRA accounts are provided by Third Party Trade LLC and are not Bank products or services. The IRA accounts are not insured by the FDIC or any other federal government agency, are not deposits of or guaranteed by the Bank, and may lose value.
Your financial situation is unique. We are not responsible for ensuring your Account has sufficient funds for your needs, purposes, or transactions. We do not make any representations, warranties, or guarantees of any kind that the Money Transmission Services are appropriate for you.
You may only use the Money Transmission Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. Your use of the Money Transmission Services must comply with all applicable law. If your use of the Money Transmission Services is prohibited by applicable law, then you are not authorized to use the Money Transmission Services. We are not responsible if you use the Money Transmission Services in any manner that violates applicable law.
If your mobile device is lost or stolen or if you suspect someone has gained unauthorized access to your username or password, you must contact Catch Financial, Inc. immediately at firstname.lastname@example.org. In order to take any action, you will need to provide certain User Information so Catch Financial, Inc. can verify your identity.
In order to use the Money Transmission Services, you must provide and verify your mobile device number or other text message address to Catch Financial, Inc., and you must expressly consent to receive text messages relating to the Money Transmission Services at that number or address. Third-party data and message fees may apply. To verify your mobile device number or text message address, Catch Financial, Inc. may send you a code via text message to the mobile device number or text message address you provide, and you must enter that code as instructed by Catch Financial, Inc. If you change your mobile device number or text message address, you must promptly provide and verify your new mobile device number or text message address.
In addition, we may send you important notices via email about the Money Transmission Services.
Upon the closure of your Account, Catch Financial, Inc. or the Bank will transfer the funds in your Account, if any, to your Existing Bank Account. If your Existing Bank Account is closed or we are otherwise unable to transfer the funds in your Account to your Existing Bank Account, the Bank will send you a check for the amount of the funds to you at your street address in our records.
If you do not use the Account for a certain period of time, applicable law may require us to report the funds in your Account as unclaimed property. If this occurs, we may try to locate you at the address shown in our records. If we are unable to locate you, we may be required to deliver any funds in your Account to the applicable state as unclaimed property. The specified period of time to report and deliver funds to a state varies by state, but usually ranges between two and five years.
WITHOUT LIMITING THE FOREGOING, WE AND OUR THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT (A) THE MONEY TRANSMISSION SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE MONEY TRANSMISSION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MONEY TRANSMISSION SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MONEY TRANSMISSION SERVICES WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN THE MONEY TRANSMISSION SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR OUR THIRD-PARTY SERVICE PROVIDERS THROUGH OR FROM THE MONEY TRANSMISSION SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE MONEY TRANSMISSION SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
You should review this provision carefully. To the extent permitted by applicable law, you are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court in the state or municipality of your residence within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of your residence for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrators’ decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
For more information on the AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call the AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.