PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE 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 SERVICES IN ANY MANNER.
Last Updated: June 25, 2019
Welcome to Catch Financial, Inc.!You are now reading our Terms of Service (“Terms”). Please read theseTerms carefully because they are an agreement between you and Catch (“Catch,”“we,” or “us”), for your use of our website located atwww.catch.co (the “Site”) and related services accessible via our Site and our mobile device application (“App”). The Site, App and services accessible, including the Savings Components, Wealth Components, and Catch Insurance, are collectively referred to in these Terms as the “Services”.
Catch.co is operated by Catch Financial, Inc., who provide services to Catch Capital Management, LLC (“Catch Capital”) an SECRegistered Investment Adviser and Catch Insurance, LLC ("CatchInsurance"). Catch Capital Management LLC.’s Form ADV Part 2 may be found here (https://s.catch.co/legal/ccm-adv2a.pdf). Catch Insurance services are provided in accordance with theCatch Insurance Terms found here(https://app.catch.co/disclsoures/insurance-terms).
2. If you are agreeing to these Terms on behalf of a company or other entity, you represent that you have the authority to accept these Terms on behalf of the entity and to bind the entity to these Terms. In that case, “you” and “your” will refer to the Catch. If you do not agree with all of these Terms, then you must not accept them and you are not permitted to use the Services.
These terms include, among other things, your authorization for debits and credits from and to your bank account(as defined below) via the automated clearinghouse network (“ACH”).
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND Catch THROUGH BINDING,INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 22“DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
3. Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms to the Site and App or through other communications. It’s important that you review theTerms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 22(e) “Effect of Changes onArbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of theServices, at any time and without notice, at our sole discretion.
4. Who May Use the Services?
a. Eligibility. To use Catch, you:
- Are 18 years or older.
- Are a U.S. citizen.
- Have a Bank Account with a U.S.financial institution.
- Must be permitted to use ourServices and not prohibited by any governmental agency from utilizing financial tools.
- Can form a binding contract withCatch in your jurisdiction.
- Agree to use the Services in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
- Have not been removed from previously removed from the Services by Catch.
b. How to Register with Us.If you want to use certain features of the Services, including the SavingsComponents, Wealth Components, and Catch Insurance, you’ll have to create an account (“Catch Account”). You can do this via the Site.Attempting to, or registering, more than one Catch Account is strictly prohibited.
c. Our Verification Process.For our compliance purposes, and in order to provide the Services to you, you hereby authorize us to obtain, verify, and record information and documentation that helps us verify your identity and Bank Account information.
As part of this authorization, we may at registration and from time to time as part of our ongoing compliance requirements, import certain information from financial institutions to verify your Bank Account information. In some cases, we will directly access this information. We may also integrate third party service providers to facilitate this Service solely for the purpose of importing your information.
By using the Services you agree to create and use only one account in order to maintain our “Know Your Customer”requirements. When you register for the 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:
- A copy of your government-issued photo ID, such as a passport or driver’s license;
- A copy of a utility bill, bank statement, affidavit, or other bill, dated within three (3) months of our request, with your name and U.S. street address on it; and
- Such other information and documentation that we may require from time to time.
If we approve your registration, you will be authorized to use the Services, subject to these Terms. We have sole direction to determine if you are eligible to use our Services.
d. Accuracy of Account information. When creating your Account, you must provide accurate and complete information, including payment related information, and your online credentials for Your Bank Account (“User Information”). You are solely responsible for the activity that occurs on your Account, and you must keep your account password secure. You must notify Catch immediately of any breach of security or unauthorized use of your account. We are not liable for any losses caused by any unauthorized use of your Account.
e. Changes to your CatchAccount. You agree to promptly notify us of changes to your UserInformation by updating your Catch Account on the Website or Application; provided however, that you must notify us at least three (3) Business Days before any changes to your Bank Account information, including, but not limited to, the closure of your Bank Account for any reason by emailing firstname.lastname@example.org or by updating your Catch Account via the Website or the Application.
f. Customer ID and PasswordSecurity. You are the only person authorized to use your Customer ID and password and for maintaining the confidentiality of your Customer ID and password. You shall not permit or allow other persons to have access to or use your Customer ID and password. You are responsible for the use of the Service under your Customer ID. You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer.
6. We Do Not Provide ProfessionalAdvice. Unless expressly stated in writing in a separate agreement between Catch and you, Catch does not provide legal, financial, accounting or other professional services or advice.
7. Catch Services. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as permitted by the features of the Services. Catch reserves all rights not expressly granted herein in the Services and the CatchContent (as defined below).
a. Purpose of the Services.You may only use the Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. The purpose of the Services is to try to help you set up benefits and savings with limited effort.
b. What we do: Supporting Your Investment Goals. We monitor and analyze your Bank Account. Based on our analytics, we identify funds in your Bank Account that may be income based on the plan you set up and your ACH authorization (as described below). We will notify you and ask you to verify a resultant transaction. We will then transfer such funds from your Bank Account to your Catch Account via ACH. Only funds from your Bank Account may be transferred to your Catch Account. Depending on the Services requested, funds in your Catch Account are either held atFDIC-insured or SIPC insured institutions for your benefit. For instance, funds used for your Savings Components are held in a FDIC insured bank, while funds used for the Wealth Component are held in an SIPC insured account.
(c) Authorization to Transfer Funds. Certain services Catch provides require your authorization in order to initiate the transfer of funds.You agree to authorize Catch to initiate the transfer of funds (as detailed below). Catch may initiate transfers between your designated Bank Account(s),your Catch Account with BBVA, your account at Catch’s broker/dealer partner, and pay-to accounts for payees that you identify and designate. These fund transfers may be ACH credit or debit, Check, Wire, electronic, and other payment transfer methods. Your authorization includes transfers both in response to your direct request and automatically based on instructions you provide (e.g. rules-based instructions as part of the Catch AutopilotAlways/Never income functionality).
It is your responsibility to ensure that there are sufficient funds in your Bank Account for the fund transfer activity initiated by Catch. If there are not sufficient funds, Catch may choose to decline or cancel the request to transfer funds. Catch is not responsible for any associated fees assessed by Your Bank (the bank where yourBank Account is), including, but not limited to, overdraft fees.
c. Building a Custom Plan. You can determine which Catch Services are best suited for your needs. For instance, you can establish an investment strategy using our Wealth Components service. Based on the information we have about you, we will provide recommendations for a financial strategy that is intended to fit your financial profile. You will be the one deciding how of your paycheck you wish to set aside. We do not make financial decisions on your behalf of otherwise control or direct your investment approach. Any data we provide is for information purposes only so that you can make a decision that fits your personal financial and personal situation.
d. Catch Capital Management LLC(“Catch Capital”). Although Catch Capital carefully evaluates potential returns based on historic performance, Catch Capital makes no representation regarding the likelihood or probability that any actual or proposed account allocation among Wealth Components will in fact achieve a particular investment outcome or goal. Past performance is not a guarantee of future success, and, in fact, volatility means that returns in any period maybe far above or below those of a previous period. Some customers may have investment results that materially differ from those indicated by our investment tools and projections. Investments at Catch Capital may lose value.Catch Capital is unable to predict or forecast market fluctuations or other uncertainties that may affect the value of any investment. Model predictions are inherently limited in that they do not represent actual trading nor material economic or market factors that might have had an impact on Catch Capitals’s advice. Portfolio performance projected are based on Catch Capital’s current recommended portfolios, and, for periods that pre-date the issuance of funds in our current recommended portfolios, broad market indexes. Portfolio performance projected account for the reinvestment of dividends as well as investment fees.While the features within the Wealth Components are designed to provide helpful investing guidance, as an individual, you must carefully consider the appropriateness of the proposed portfolios in light of your own personal financial circumstances, including cash flow needs, tax circumstances, or other complex or subjective concerns. You are urged to use all available resources to educate yourself about investing in general, as well as the investments and overall composition of your portfolio and Wealth Components. Additionally, market conditions and your personal financial circumstances may change -perhaps suddenly or maybe gradually over time. Monitoring and adjusting yourWealth Components to suit changing circumstances is your responsibility, and it is recommended that you reassess any investing program on a regular basis to ensure that it remains consistent with your current financial resources and investment objectives.
e. Investment Commentary.The Services contain commentary and links to certain articles only as a convenience. Linked articles may have been written by third parties not affiliated with Catch. No information contained in these articles has been endorsed or approved by Catch, and Catch is not responsible for content. No information accessed through these articles constitutes a recommendation byCatch to buy, sell, or hold any security, financial product or instrument discussed therein within a Wealth Component. This information neither is, nor should be construed, as an offer, or a solicitation of an offer, to buy or sell securities by Catch. You shall be fully responsible for any investment decisions you make for your Wealth Components, and such decisions will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, and liquidity needs.
f. Disclaimer. CatchCapital is a financial adviser only in regards to the retirement product provided. For other benefits and plans, Catch Financial, Inc. is not providing financial advice in the Services. Your financial situation is unique. We are not responsible for ensuring your Bank Account has sufficient funds for your needs, purposes, or transactions. We do not make any representations, warranties, or guarantees of any kind that the Services are appropriate for you. Before using the Services, you should consider obtaining additional information and advice from a financial adviser.
8. Catch Account and SavingsComponent.
a. Access to your Bank Account.It is important to know the amount of available funds before instructing us to transfer funds from your Bank Account to your Catch Account or from your CatchAccount to your Bank Account. If you do not have sufficient funds available in your Bank Account to cover the amount of the requested transfer, we may choose to decline the request for transfer. You are solely responsible for initiating the transfer from your Bank Account. If you do not have sufficient funds available in your Catch Account to cover a requested transfer to your BankAccount, your request for transfer may be declined.
b. Your Funds and the CatchAccount. Your funds will remain in your Catch Account until you instruct us to transfer any or all of your funds from your Catch Account by indicating a withdrawal within the Website or the Application. We will generally transfer the requested funds from your Catch Account to your Bank Account within three (3)Business Days of when we receive your request. We may transfer funds from yourCatch Account to your Bank Account without notice to you upon the closure of your Catch Account as Described below and at any time if required by applicable law or if we, in our sole discretion, suspect the Services are being used forillicit purposes or otherwise in violation of these Terms.
c. Catch Account UseProhibitions. You may not use the funds in your Catch Account to make purchases, withdraw cash, transfer funds to third parties, or for any other purpose. You are solely responsible for determining whether the funds debited from your Bank Account and the funds maintained in your Catch Account are acceptable to you. We are not responsible for any third-party fees that may be incurred as a result of using the Services, including, but not limited to, third-party fees incurred as a result of maintaining insufficient funds in yourBank Account.
d. How do I check the balance in my Catch account? You may obtain information about the balance of funds in your Catch Account at any time by viewing the Website or Application to view balances for both Savings Components and Wealth Components.
e. Will I receive interest on the funds held in my Savings Components? You agree that you will not receive interest or other earnings on the funds in your Savings Components. You irrevocably transfer and assign to Catch any and all rights that you may have to any interest that may accrue on funds held in your Savings Components. This assignment applies only to interest earned on the funds held in your CatchAccount, and nothing in these Terms grants Catch any rights to the principal of the funds held in your Savings Components.
f. Catch Account Closure.Upon the closure of your Catch Account for any reason, we will transfer the funds in your Catch Account, if any, to your Bank Account. If your Bank Account is closed or we are otherwise unable to transfer the funds in your CatchAccount to your Bank Account, we will send you a check for the amount of the funds to you at your street address in our records.
g. What Happens When I Don’tUse My Account for A Period of Time?If you do not use the Services for a certain period of time, applicable law may require us to report the funds in your Catch 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 yourCatch 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 (2) and five (5) years.
9. Cancellations and Terminations. You may cancel your Monthly Fee at any time but please note that such cancellation will be effective at the end of the then-current Monthly Fee period. If something unexpected happens in the course of completing a transaction, we reserve the right to cancel your transaction for any reason; if we cancel your transaction we’ll refund any payment you have already remitted to us for such transaction. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. We may in our sole discretion provide you a credit to yourAccount for your future use of our Services.
10. Credits. Any refunds payable to you by Catch may be made by way of a credit that can be used for future fees payable by you to Catch for use of theServices. From time to time, we may offer promotion codes, coupons, or other similar offers for credits or discounts in connection with our Services(collectively, “Credits”). Your use of such credits will be subject to applicable law and any referral terms that may be amended from time to time.
11. Your Authorization for ACHDebits and Credits. By agreeing to these Terms, you authorize Catch to electronically debit and credit your designated deposit account at your designated depository financial institution (your “BankAccount”) via ACH and, if ever applicable, to correct erroneous debits and credits via ACH as follows:
• Range of Acceptable Debit Amounts:up to $10,000 per Business Day (as defined below)
• Frequency of Debits: multiple times per Business Day (however, debits and credits may not necessarily occur every Business Day)
You also acknowledge that the amount and frequency of the foregoing debits and credits may vary. You will have permission to initiate each debit and credit.
In addition, by agreeing to theseTerms, you authorize Catch to electronically debit your Bank Account via ACH(and, if ever applicable, to electronically credit your Bank Account to correct erroneous debits) as follows:
• Amount of Debits: Monthly Fee.
• Frequency of Debits: multiple times per Business Day (however, debits and credits may not necessarily occur every Business Day).
You acknowledge that the electronic authorization contained in this Section represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until you notify Catch that you wish to revoke this authorization by emailing email@example.com. You must notify Catch at least three (3) Business Days before the scheduled debit date of any ACH transaction from your Bank Account in order to cancel this authorization. If we do not receive notice at least three (3)Business Days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the debit transaction. However, we assume no responsibility for our failure to do so. If you withdraw your electronic authorization contained in this Section, we will close your Catch Account and return the balance in your Catch Account to your Bank Account as set forth in these Terms, and you will no longer be able to use your Catch Account or theServices, except as expressly provided in these Terms. Please note that withdrawal of your electronic authorization contained in this Section will not apply to ACH transactions performed before the withdrawal of your authorization becomes effective.
In addition to any of your other representations and warranties in these Terms, you represent that: (a) your browser is equipped with at least 128-bit security encryption; (b) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; and (c) the ACH transactions you hereby authorize comply with applicable law.
For purposes of these Terms, “BusinessDay” means Monday through Friday, excluding federal banking holidays.
12. General Disclosures.
a. Wealth ComponentsProtection. Folio Financial, Inc. (“Folio”)provides brokerage and custodial services to Catch Capital. Folio is a member of SIPC that provides protection for the securities of customers of its members for a maximum value of $500,000 (this includes $250,000 of coverage for claims relating to loss of cash). Further information is available at www.sipc.com.SIPC may also be contacted at the following address: Securities InvestorProtection Corporation, 805 15th St. N.W., Ste. 800, Washington, D.C.20005-2215; Tel: 202.371.8300, Fax: 202.371.6728; E-mail: firstname.lastname@example.org.
An investor brochure about CatchCapital investment adviser services is available https://s.catch.co/legal/CCM-Investment-Management.pdfor on the SEC’s website at https://adviserinfo.sec.gov/.
b. Disclosure of Transactions for Catch’s Account. Catch Capital regularly trades for its own account in the same securities as we advise our customers on. Catch Capital’s securities positions are typically small. Our trading activity is necessary to round out transactions to the exact amounts customers with Wealth Components want to deposit, withdraw, or allocate. Catch Capital’s trading is conducted with other market participants, we do not buy or sell with Catch Capital customers, although orders for our principal account are generally aggregated with our clients’ orders. The prices Catch Capital received for our trades are exactly the same as the prices every other customer receives.
13. General Disclaimers.
a. UNLESS OTHERWISE PROVIDED IN WRITING, THE CONTENT ON THE SERVICE IS STRICTLY FOR INFORMATIONAL PURPOSES.NOTHING ON OR IN THE SERVICE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS(SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE AN INSTRUMENT) BY US OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY US. CONTENT ON THIS SERVICE SHOULD NOT BE CONSIDERED AS INFORMATION SUFFICIENT UPON WHICH TO BASE AN INVESTMENT STRATEGY. NO CONTENT ON THE SERVICE IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS. WE EXPRESS NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY FINANCIAL PRODUCT OR INVESTMENT STRATEGY. WE DO NOT EXPLICITLY OR IMPLICITLY RECOMMEND OR SUGGEST ANY INVESTMENT STRATEGY OF ANY KIND. CONTENT ON THE SERVICE MAY NOT BE USED AS ABASIS FOR ANY FINANCIAL OR OTHER PRODUCT.
b. The Content provided on theService is submitted to us by unaffiliated third-party providers. We do not review, audit, or otherwise have an ability to verify all Content for accuracy.We do not review Content for completeness or reliability, and WE DO not warrantor guarantee the accuracy, completeness, reliability or any other aspect of anyContent.
c. You acknowledge that we are not liable for any loss due to any financial or personal decision you take related to your use of our Services, or any loss due to inaccurate information that we receive from you or any third party related to your use of our services. OurServices are provided “as-is” and “as available.” WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICE OR ANY CONTENT, OR THAT THE SERVICE OR CONTENT WILL BE UNINTERRUPTED OR OPERATE IN COMBINATION WITH ANY SOFTWARE,SERVICE, SYSTEM OR OTHER DATA OR INFORMATION.
d. The Services are controlled and operated from facilities in the United States. Catch makes no representations that the Services are appropriate or available for use in other locations.Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicableUnited States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
14. Limited liability.
a. NEITHER CATCH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF INFORMATION OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USETHE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CATCH OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAYNOT APPLY TO YOU.
b. IN NO EVENT WILL CATCH’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OFOR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO CATCH FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100),IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO CATCH, AS APPLICABLE.
c. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CATCH AND YOU.
15. Indemnity. At our request, you agree to defend, indemnify, and hold harmless Catch, its affiliates, and its and their respective employees, officers, directors, agents, and third-party service providers from and against any and all claims, suits, liabilities, damages (actual and consequential),losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related to any third-party claims relating to your use of the Services, violation of these Terms, applicable law or any third-party rights, or your fraud or willful misconduct. Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
16. Confidentiality of information. Catch has taken reasonable steps to ensure the confidentiality of information collected in the Services and transmitted via the internet.However, unexpected changes in technology may be used by unauthorized third parties to intercept confidential information and we cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.
17. Service Rules. You agree not to engage in any of the following prohibited activities in connection with your use of the Services: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Catch servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Catch grants the operators of public search engines revocable permission to use spiders to copy materials from www.Catch.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid information, viruses, worms, or other software agents through the Services;(vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by theServices; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of theServices or the content therein.
18. Terminating our Services. We may terminate or suspend your use of our Services subject to the terms and conditions of these Terms without notice in whole or in part for any violation of these Terms. We may terminate a free account at any time. Upon termination for any reason or no reason, you continue to be bound by the following Sections: 1, 4, 5, 6(b), 6(f),7(b), 7(f), 7(g), 10-23.
19. Content Ownership,Responsibility and Removal.
a. Definitions. Some areas of the Services allow Customers to post content such as profile information, comments, questions, and other content or information, including information relating to submission of financial information submitted by a Customer of theServices (any such materials a Customer submits, posts, displays, or otherwise makes available on the Services “Customer Content”). You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Customer Content solely in connection with provision of the services to the Customer and for no other purposes.
b. Restrictions. You agree not to post Customer Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;(iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any Customer Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Catch reserves the right, but is not obligated, to reject and/or remove any Customer Content that Catch believes, in its sole discretion, violates these provisions.
For the purposes of these Terms, “IntellectualProperty Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your CustomerContent, you affirm, represent and warrant the following:
• You have the written consent of each and every identifiable natural person in the Customer Content to use such person’s name or likeness in the manner contemplated by the Services and theseTerms, and each such person has released you from any liability that may arise in relation to such use.
• Your Customer Content and Catch’s use thereof as contemplated by these Terms and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
• Catch may exercise the rights to your Customer Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
• To the best of your knowledge, all your Customer Content and other information that you provide to us is truthful and accurate.
Catch takes no responsibility and assumes no liability for any Customer Content that you or any other Customer or third party posts or sends over the Services. You shall be solely responsible for your Customer Content and the consequences of posting or publishing it. You understand and agree that you may be exposed to Customer Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Catch shall not be liable for any damages you allege to incur as a result of Customer Content.
20. Our Proprietary Rights. Except for your Customer Content, the Services and all materials, software, and content therein (the “Catch Content”), and allIntellectual Property Rights related thereto, are the exclusive property ofCatch and its licensors. Except as explicitly provided herein, you are not permitted to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Catch Content. Use of the Catch Content for any purpose not expressly permitted by these Terms is strictly prohibited.
21. Links to Third Party Websites or Resources. The Services (including the App)may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
22. Governing Law and ForumChoice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the Commonwealth of Massachusetts , without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 22 (“Dispute Resolution”), the exclusive jurisdiction for all Disputes (defined below) that you and Catch are not required to arbitrate will be the state and federal courts located in the Commonwealth ofMassachusetts.
23. Dispute Resolution. For any dispute with Catch, you agree to first contact us atsupport@Catch.com and attempt to resolve the dispute with us informally.
a. Conducting Arbitration andArbitration Rules. The arbitration will be conducted by the AmericanArbitration Association (“AAA”) under its Consumer Arbitration Rules(the “AAA Rules”) then in effect, except as modified by these Terms. TheAAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a formDemand for Arbitration at www.adr.org.
b. If your claim is for U.S.$10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by theAAA Rules. Any arbitration hearings will take place in the county (or parish)where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
c. Arbitration Costs.Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
d. Class Action Waiver. YOU AND CATCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
e. Effect of Changes onArbitration. Notwithstanding the provisions of Section 2 “Changes toTerms or Services” above, if Catch changes any of the terms of this Section22 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Catch’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Catch in accordance with the terms of this Section 22 “DisputeResolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
f. Severability. With the exception of any of the provisions in Section 22(d) of these Terms (“ClassAction Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
24. General Terms.
a. Entire Agreement. TheseTerms constitute the entire and exclusive understanding and agreement betweenCatch and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements betweenCatch and you regarding the Services and Content. If any provision of theseTerms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.You may not assign or transfer these Terms, by operation of law or otherwise, without Catch’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Catch may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
b. Notices. Any notices or other communications provided by Catch under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or(ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
c. Waiver of Rights.Catch’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Catch. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
d. Assignment. You may not transfer, assign, or delegate these Terms or your rights or obligations hereunder or your Catch Account in any way (by operation of law or otherwise)without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.
e. Third-Party Beneficiary.You agree that our third-party services providers are third-party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such service providers were a party to these Terms.
f. Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that we may, in our sole discretion, do any of the foregoing on your behalf or for ourselves. The failure of either you or us to exercise, in any way, any right herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms will otherwise remain in full force and effect and enforceable.
g. Your consent to use electronic signatures and communications
• Your Consent. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under these Terms and in connection with your relationship with us(collectively, “Communications”) that we may otherwise be required to send or provide you in paper for (e.g., by mail). By accepting and agreeing to these Terms electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receiveCommunications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.
• Your Right to WithdrawYour Consent. Your consent to receiveCommunications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at email@example.com If you withdraw your consent to receive Communications electronically, we will close your Catch Account and return the balance in yourCatch Account to your Bank Account as set forth in these Terms, and you will no longer be able to use your Catch Account or the Services, except as expressly provided in these Terms. Any withdrawal of your consent to receiveCommunications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply toCommunications electronically provided by us to you before the withdrawal of your consent becomes effective.
• You Must Keep Your ContactInformation Current with Us. In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the Website orApplication. You also agree that you are responsible for the accuracy of the information you input through the Services.
• Copies ofCommunications. You should print and save and/or electronically store a copy of all Communications that we send to you electronically.
25. Contact Information. If you have any questions, comments, or concerns regarding theseTerms or the Services, please contact us at firstname.lastname@example.org, or Catch Financial, Inc., 131 Tremont St. 3rd Floor, Boston, MA 02111.