Platform Terms of Use

Last Updated on Oct 1, 2024

This Platform Terms of Use Agreement (“Terms of Use”) describes the terms and conditions that apply to your use of our website and online platform located at https://catch.co/ and its subdomains and the content, and other resources available on or enabled on the foregoing (collectively, the “Platform”), and the services provided by Catch Financial, LLC (“Catch Financial”), Catch Money, LLC ("Catch Money") and its affiliates (such services, together with the Platform, the “Services”). Please note Catch Financial is not an insurance broker, and any services related to obtaining insurance are performed and provided solely by Catch Insurance, LLC (“Catch Insurance”). Catch Insurance’s services are provided in accordance with the Catch Insurance Supplemental Terms of Use. Accordingly, any use of the Services to find or get insurance of any kind is also subject to the Catch Insurance Supplemental Terms of Use. Any use of the Services to get financial products of any kind is also subject to the Catch Money DDA Supplemental Terms of Use. These Terms of Use, together with any applicable Supplemental Terms (as defined in Section 1.2 (“Supplemental Terms”)) may be referred to as the “Agreement”.

Please note that although Catch Financial is the provider of the Platform, Catch Financial provides the Platform for the benefit of Catch Insurance and Catch Money. Unless otherwise indicated, references to “Catch”, “we”, “us” or “our” means Catch Financial.

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS THE USE OF THE SERVICES AND APPLIES TO ALL USERS VISITING OR ACCESSING THE SERVICES. BY ACCESSING OR USING THE SERVICES IN ANY WAY, ACCEPTING THIS AGREEMENT BY CLICKING ON THE “I ACCEPT” BUTTON, OR COMPLETING THE ACCOUNT REGISTRATION PROCESS, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE CATCH PARTIES (AS DEFINED BELOW), (3) YOU ARE NOT BARRED FROM USING THE SERVICES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.

SECTION 14 (ARBITRATION AGREEMENT) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND CATCH. AMONG OTHER THINGS, SECTION 14 (ARBITRATION AGREEMENT) INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 14 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 14 (ARBITRATION AGREEMENT) CAREFULLY.

UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN SECTION 14) WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 14.10 (30-DAY RIGHT TO OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT. PLEASE NOTE THAT IF YOU OPT-IN TO OBTAIN TEXT MESSAGES FROM CATCH, SECTION 1.5 (TEXT MESSAGES) OF THIS AGREEMENT BELOW CONTAINS TERMS RELATED TO OUR TEXT MESSAGE SERVICES.

THE AGREEMENT IS SUBJECT TO CHANGE BY CATCH IN ITS SOLE DISCRETION AT ANY TIME AS SET FORTH IN SECTION 15.6 (AGREEMENT UPDATES).

1. USE OF THE SERVICE. The Services and the information and content available on the Services are protected by applicable intellectual property (including copyright) laws. Your right to access and use the Services, in whole or in part, is subject to this Agreement. You may only use the Services for your own personal, non-commercial use and not on behalf of for the benefit of any third party.

   • 1.1. Privacy Policy. You understand that by using the Services (including by providing us any personal information through the Services), you agree to the collection, use and disclosure of your personal information (including derivatives thereof) as set forth in our Privacy Policy.

   • 1.2. Supplemental Terms. Your use of, and participation in, certain features and functionality of the Services may be subject to additional terms (“Supplemental Terms”), including the Catch Insurance Supplemental Terms of Use, the Catch Money DDA Supplemental Terms of Use, and the Catch Money Electronic Communications Agreement. Such Supplemental Terms will either be set forth in the applicable supplemental service or website or will be presented to you for your acceptance. If these Terms of Use are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such supplemental Services.

   • 1.3. We Do Not Provide Professional Medical or Financial Advice; We Are Not a Health Care Provider, Nor Are We Financial Advisors. Unless expressly stated in writing in a separate agreement between Catch and you, any information made available through the Services is made available for general informational purposes only. The Catch Parties (as defined in Section 9 below) do not provide banking, medical, legal, financial, or accounting services or advice or financial planning services, retirement planning services or retirement-specific advice, and the Catch Parties are not lawyers, tax advisors, accountants, investment specialists, tax specialists, retirement advisors or financial planners (certified or otherwise). You should seek independent advice from your accountant or legal, financial or tax advisor. Neither Catch nor Catch Insurance is a health care provider, and participation in the provision of the Services does not constitute the practice of medicine or the rendering of medical advice, nor does it create a provider-patient relationship. The Services and other elements of the Services are tools offered for your informational and educational purposes only, and you are responsible for using your personal judgment to evaluate and confirm the information you obtain. Catch and Catch Insurance do not provide medical advice and does not make diagnostic, treatment, or other clinical decisions or judgments. Because the information we provide is general in nature, you should not act or refrain from acting based on any information without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdictions.

   • 1.4. Updates. You understand that the Services are evolving. You acknowledge and agree that Catch may update the Services with or without notifying you. You may need to update third-party software from time to time in order to continue to use the Services. Any future release, update or other addition to the Services shall be subject to this Agreement.

   • 1.5. Text Messages. Catch may offer one or more mobile message programs (collectively, the “Message Service”) that allows users to receive SMS/MMS mobile messages by opting-in such as through online or application-based enrollment forms. Regardless of the opt-in method you use to enroll, you agree that your use of the Message Service is governed by this Agreement. We do not charge for the Message Service, but you are responsible for all charges and fees associated with mobile messaging imposed by your wireless carrier and you acknowledge that your carrier may charge you or deduct usage credit from your account when you text us or we send messages to you. Message and data rates may apply. By enrolling a telephone number in the Message Service, you authorize us to send recurring SMS and MMS mobile messages to the number you specify, and you represent that you are authorized to receive mobile messages at such number. The messages sent through the Message Service may include messages related to authentication or transaction authorizations, reminders about upcoming appointments or other key dates and deadlines, status updates on your requests, consultations or applications, answers to requested information or other advisory services. You agree that these messages may be transmitted using an automatic telephone dialing system (“ATDS”), other automated systems for the selection or dialing of telephone numbers, or different technology. Your consent to receive mobile messages via an ATDS or other automated system for the selection or dialing of numbers is not required (directly or indirectly) as a condition of purchasing any property, goods or services. While you consent to receive messages sent using an ATDS, the foregoing shall not be interpreted to suggest or imply that any or all of our messages are sent using such a system. Message frequency varies. If you do not wish to continue participating in a Message Service program we offer, you agree to reply STOP to any mobile message you receive from that program to opt out. You may receive an additional mobile message confirming your decision to opt out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that that we and our service providers will have no liability for failing to honor such requests. To the extent you subscribe to more than one Message Service program that we operate, you must unsubscribe from each program separately. For Message Service support or assistance, text the HELP keyword in response to any message you receive through the Message Service or email us at help@catch.co. Please note that the use of this email address is not an acceptable method of opting out of Message Service. Opt outs must be submitted in accordance with the procedures set forth above. We may change any short code or telephone number we use to operate the Message Service at any time with notice to you. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we are not responsible for honoring requests made in such messages. The Message Service may not be available in all areas or supported by all carriers or all devices. Check with your carrier for details. Delivery of mobile messages is subject to effective transmission from your wireless carrier/network operator and is outside of our control. We and the wireless carriers supported by the Message Service are not liable for any failed, delayed or undelivered messages. If you decide to change your mobile phone number, you agree to first opt out of each Message Service program in which your number is enrolled. For clarity, you acknowledge and agree that any disputes between you and us related to the Message Service will be governed by Section 14 (Arbitration Agreement).

   • 1.6. Consent to Recording and Monitoring. You acknowledge and agree that any calls or conversations between you and the Catch Parties’ representatives may be recorded and/or monitored and used by us for training, quality assurance, research, development or other purposes described in our Privacy Policy. You also agree that we and our third party service providers may record and use information about your interactions with our Services and your communications with us (including, without limitation, via chat features) for training, quality assurance, research, development or other purposes described in our Privacy Policy.

2. REGISTRATION.

   • 2.1. Registering Your Account. In order to access certain features of the Services, you may be required to register an account on the Services (“Account”).

   • 2.2. Registration Data. In registering an account on the Services, you shall (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

   • 2.3. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account. Furthermore, you are responsible for all activities that occur under your Account. You shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You may not share your Account or password with anyone, and you agree to notify Catch immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, incomplete or not current, or Catch has reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete or not current, Catch has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not have more than one Account at any given time. You agree not to create an Account or use the Services if you have been previously removed by Catch, or if you have been previously banned from any of the Services. We have sole discretion to determine if you are eligible to use our Services.

   • 2.4. Accuracy of Account information. When creating your Account, you must provide accurate and complete information (“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.

   • 2.5. Accuracy of Account information. You agree to promptly notify us of changes to your User Information by updating your Catch Account on the Platform by emailing help@catch.co or by updating your Catch Account via the Website or the Application.

3. RESPONSIBILITY FOR CONTENT.

   • 3.1. Types of Content. You acknowledge that any information, text, and/or other materials accessible through the Services (collectively, “Content”), is the sole responsibility of the party from whom such Content originated. This means that you, and not Catch, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available (“Make Available”) through the Services (“Your Content”). To be clear, Content, Your Content and Feedback are all types of information that are offered gratuitously and voluntarily. Catch is not under any regulatory or contractual obligations to maintain, make such information available or store such information.

4. OWNERSHIP.

   • 4.1. The Services. Except with respect to Your Content, you agree that Catch and its suppliers or licensors own all rights, title and interest in the Services (including but not limited to, any computer code, documentation, and Catch software). You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

   • 4.2. Trademarks. “Catch Financial, LLC”, "Catch Money, LLC" and “Catch Insurance, LLC” and all of their related stylizations, graphics, logos, service marks and trade names used on or with the Services are the trademarks of Catch and may not be used without permission in connection with your, or any third-party’s, products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.

   • 4.3. Your Content. Catch does not claim ownership of Your Content. However, when you Make Available any Content on or to the Services, you represent that you own and/or have sufficient rights to Your Content to grant the license set forth in this Section. Subject to any applicable Account settings that you select, you grant Catch a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sublicensable (through multiple tiers of sublicensees) right (including any moral rights) and license to use, copy, reproduce, modify, adapt, and prepare derivative works from, Your Content (in whole or in part) for the purposes of operating and providing the Services and enabling Catch Insurance to provide services to you.

   • 4.4. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Catch through its suggestion, feedback, forum, User Ratings or similar pages (“Feedback”) is at your own risk and that Catch has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Catch a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Catch’s business.

   • 4.4(a) User Ratings. To provide information on insurance plans, Catch may provide a ranking or rating system that allows users to rate the insurance plan they selected (“User Ratings”). These User Ratings should not be confused with the Health Insurance Marketplace [Quality Rating System](https://www.cms.gov/medicare/quality/health-insurance-marketplace-initiatives#:~:text=The%20Quality%20Rating%20System%20(QRS,to%20improve%20quality%20and%20performance.). User Ratings are provided for informational purposes only and do not necessarily reflect the opinions of the Catch Parties. THE CATCH PARTIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE USER RATINGS, WHICH ARE PROVIDED, IF AT ALL, ON AN “AS IS” AND “AS AVAILABLE” BASIS.

5. USER CONDUCT AND CERTAIN RESTRICTIONS. As a condition of use, you agree not to use the Services for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) to: (i) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (ii) frame or utilize framing techniques to enclose any trademark or logo located on the Services or any other portion of the Services (including images, text, page layout or form); (iii) use any metatags or other “hidden text” using Catch’s name or trademarks; (iv) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (v) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Services 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); (vi) remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (vii) impersonate any person or entity, including any employee or representative of Catch; (viii) interfere with or attempts to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement, including but not limited to violating or attempting to violate any security features of the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services; or (ix) take any action or Make Available any Content on or through the Services that: (A) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (B) constitutes unauthorized or unsolicited advertising, junk or bulk email; or (C) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Catch’s prior written consent. The rights granted to you in this Agreement are subject to your compliance with the restrictions set forth in this Section. Any unauthorized use of the Services terminate the licenses granted by Catch pursuant to this Agreement.

6. INVESTIGATIONS, MONITORING, & NO OBLIGATION TO PRE-SCREEN CONTENT.

   • Catch Parties may investigate, monitor, audit, pre-screen, remove, refuse, or review your use of the Services and/or Content, including Your Content, at any time. Therefore, you have no reasonable expectation of privacy regarding any communication or information that you send or submit via the Services. At any time, and for any lawful purpose, Catch may monitor, intercept, search and seize any communication or data transmitted or stored on the Services.

   • Without limiting the foregoing, the Catch Parties reserve the right to (a) take appropriate legal action, including without limitation, referral to and cooperation with law enforcement and/or other applicable legal authorities, for any illegal or unauthorized use of the Services or if the Catch Parties otherwise believe that criminal activity has occurred; and/or (b) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement. Upon determination of any possible violations by you of any provision of this Agreement, Catch Parties, may, at their sole discretion immediately terminate your license to use the Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

   • If the Catch Parties believe that criminal activity has occurred, the Catch Parties reserve the right to, except to the extent prohibited by applicable law, disclose any information or materials on or in the Services, including Your Content, in Catch Parties’ possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request, (ii) enforce this Agreement, or (iii) respond to your requests for customer service, or (iv) protect the rights, property, or personal safety of Catch Parties, its users or the public, and all enforcement or other government officials, as Catch Parties in their sole discretion believes to be necessary or appropriate.

7. THIRD-PARTY SERVICE.

   • 7.1. Third-Party Websites, Applications and Ads. The Platform may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”) (collectively, the “Third-Party Services”). When you click on a link to a Third-Party Service, we may not warn you that you have left the Platform and you will become subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Services are not under the control of Catch. Catch is not responsible for any Third-Party Services. Catch provides links to these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third-Party Services at your own risk. When you leave our Platform, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

   • 7.1(a) Sharing Your Content and Information Through Third-Party Services. Catch may provide tools through the Platform that enable you to export information, including Your Content, to Third-Party Services. By using one of these tools, you agree that Catch may transfer that information to the applicable Third-Party Service. Catch is not responsible for any Third-Party Service’s use of your exported information.

8. FEES AND PURCHASE TERMS. Catch currently does not charge fees for users to access or use the Platform or Services. However, please note that Catch Insurance is not an insurance provider. If you purchase insurance, then your contract will be with the applicable third party insurance provider, not Catch Financial or Catch Insurance, and you will be responsible for payment of any and all premiums or other fees to insurance provider. For information on the licenses maintained by Catch Insurance, see https://catch.co/licenses/.

9. INDEMNIFICATION. You shall indemnify and hold Catch, its parents, subsidiaries and affiliates (including Catch Insurance and Catch Money), and their officers, employees, agents, partners, suppliers, and licensors (each, a “Catch Party” and collectively, the “Catch Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (i) Your Content; (ii) your use of, or inability to use, the Services; (iii) your violation of this Agreement; (iv) your violation of any rights of another party; or (v) your violation of any applicable laws, rules or regulations. Catch reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Catch in asserting any available defenses. This provision does not require you to indemnify any of the Catch Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services provided hereunder. You agree that the provisions in this Section will survive any termination of your Account, this Agreement and/or your access to the Services.

   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. Our Services 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.

   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 applicable United 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.

10. DISCLAIMER OF WARRANTIES.

    • 10.1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE CATCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.

    • 10.1(a) THE CATCH PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS (SUCH AS THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE SERVICES); (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

    • 10.1(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND/OR ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

    • 10.2. No Liability for Conduct of Third Parties. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE CATCH PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE CATCH PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU UNDERSTAND THAT THE CATCH PARTIES DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS. THE CATCH PARTIES MAKE NO WARRANTY THAT THE GOODS OR SERVICE PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

    • 10.3. No Liability for Information Contained in the Services. The Catch Parties make no warranties or representations related to the information contained on the Services and disclaims all liability for errors or omissions in the information presented. The Catch Parties do not recommend or endorse any specific insurance company and do not provide advice on which insurer to select or which products to buy. The insurance quotations obtained by use of the Services do not constitute an offer of insurance and are subject to the approval of the respective insurance issuers or providers. No contract for the provision of a policy of insurance is formed by the use of the Services. You are advised to seek the advice of professionals, as appropriate, regarding the evaluation of any specific, report, quote, opinion, advice or other material on the Services.

    We Do Not Provide Professional Advice. 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.

    • 10.4. No Liability for Your Choice of Insurance. You are solely liable for your choice in an insurance plan and your contractual relationship, benefits and obligation are between you and the insurance issuer/company that you choose.

11. LIMITATION OF LIABILITY.

    • 11.1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE CATCH PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT ANY CATCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, OR ANY COMMUNICATIONS OR INTERACTIONS WITH THIRD PARTIES, ON ANY THEORY OF LIABILITY, INCLUDING TO THE EXTENT RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SERVICES; (ii) ANY GOODS, DATA, INSURANCE, INFORMATION OR SERVICE PURCHASED OR OBTAINED; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (v) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY OF A CATCH PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A CATCH PARTY’S NEGLIGENCE; OR FOR (A) ANY INJURY CAUSED BY A CATCH PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

    • 11.2. Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CATCH PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (i) THE TOTAL AMOUNT PAID THE CATCH PARTIES BY YOU DURING THE THREE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (ii) $100; OR (iii) IF APPLICABLE, THE STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF A CATCH PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A CATCH PARTY’S NEGLIGENCE; OR (B) ANY INJURY CAUSED BY A CATCH PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

    • 11.3. User Content. THE CATCH PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR PERSONALIZATION SETTINGS.

    • 11.4. Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

    • 11.5. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE CATCH PARTIES AND YOU.

12. TERM AND TERMINATION.

    • 12.1. Term. The term of this Agreement commences on the date when you accept this Agreement (as described in the preamble above) and continues in full force and effect while you use the Services, unless terminated earlier in accordance with this Agreement.

    • 12.2. Termination of Services by Catch. If you have materially breached any provision of this Agreement, or if Catch is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), Catch has the right to, immediately and without notice, suspend or terminate any Services provided to you. Catch reserves the right to terminate this Agreement or your access to the Services at any time without cause upon notice to you. You agree that all terminations for cause are made in Catch’s sole discretion and that Catch shall not be liable to you or any third party for any termination of your Account.

    • 12.3. Termination by You. If you want to terminate this Agreement, you may do so by (i) notifying Catch at any time and (ii) closing your Account for the Services. Your notice should be sent, in writing, to Catch’s address set forth below.

    • 12.4. Effect of Termination. Upon termination of the Services or the applicable feature or functionality thereof, your right to use the Services or the applicable feature or functionality thereof will automatically terminate, and we may delete Your Content associated therewith from our live databases. If we terminate your Account for cause, we may also bar your further use or access to the Services. Catch will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement which by their nature should survive, will survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

    • 12.5. No Subsequent Registration. If this Agreement is terminated for cause by Catch or if your Account or ability to access the Services is discontinued by Catch due to your violation of any portion of this Agreement or for conduct otherwise deemed inappropriate, then you agree that you shall not attempt to re-register with or access the Services through use of a different member name or otherwise.

13. INTERNATIONAL USERS. The Services are meant for the use by individuals and businesses located in the United States of America and are operated in compliance with U.S. state and federal law. You may access the website or download our application from countries located around the world and may contain references to services and Content that are not available in your country. These references do not imply that Catch intends to announce such service or Content in your country. Catch makes no representations that the Services offered are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and risk.

14. ARBITRATION AGREEMENT. Please read this Section (the “Arbitration Agreement”) carefully. It is part of your contract with Catch and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

    • 14.1. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Catch agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Platform, any communications you receive, any products sold or distributed through the Platform or this Agreement and prior versions of this Agreement, including claims and disputes that arose between you and us before the effective date of this Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (i) you and Catch may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Catch may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement.

    • 14.2. Informal Dispute Resolution. There might be instances when a Dispute arises between you and Catch. If that occurs, Catch is committed to working with you to reach a reasonable resolution. You and Catch agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Informal Dispute Resolution”). You and Catch therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

    • The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Catch that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@catch.co or regular mail to our offices located at 45 Rockefeller Plaza, Fl 8, New York, NY 10111. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.

    • The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this Section.

    • 14.3. Waiver of Jury Trial. YOU AND CATCH HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Catch are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15.1 (Applicability of Arbitration Agreement). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

    • 14.4. Waiver of Class and Other Non-Individualized Relief. YOU AND CATCH AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 15.9, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 15.9 (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Catch agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of New York. All other Disputes shall be arbitrated or litigated in small claims court. This Section does not prevent you or Catch from participating in a class-wide settlement of claims.

    • 14.5. Rules and Forum. This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Catch agree that either party shall have the right to finally resolve the Dispute through binding arbitration.

    • The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.

    • A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

    • If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

    • Unless you and Catch otherwise agree, or the Batch Arbitration process discussed in Section 15.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.

    • You and Catch agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

    • 14.6. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of New York of and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 15.9 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.

    • 14.7. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes arising out of or relating to Section 15.4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 15.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 15.4 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 15.9 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 15.9 (Batch Arbitration). The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

    • 14.8. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Catch need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

    • 14.9. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Catch agree that in the event that there are thirty (30) or more individual Requests of a substantially similar nature filed against Catch by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (or, if between thirty (30) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are less than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

    • All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Catch.

    • You and Catch agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

    • This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

    • 14.10. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 45 Rockefeller Plaza, Fl 8, New York, NY 10111, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

    • 14.11. Invalidity, Expiration. Except as provided in Section 15.4 (Waiver of Class and Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Catch as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

    • 14.12. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Catch makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to Catch at 45 Rockefeller Plaza, Fl 8, New York, NY 10111, your continued use of the Platform, including the acceptance of products and services offered on the Platform following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Platform, any communications you receive, any products sold or distributed through the Platform or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. Catch will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.

15. GENERAL PROVISIONS.

    • 15.1. Electronic Communications. The communications between you and Catch may take place via electronic means, whether you visit the Services or send Catch emails, or whether Catch posts notices on the Services or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Catch in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Catch electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).

    • 15.2. Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Catch’s prior written consent. Catch may, without your consent, freely assign and transfer this Agreement, including any of its rights, obligations, or licenses granted under this Agreement. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

    • 15.3. Force Majeure. Catch shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

    • 15.4. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at: help@catch.co. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

    • 15.5 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Platform of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

    • 15.6 Agreement Updates. When changes are made, Catch will make a new copy of this Terms of Use and/or Supplemental Terms, as applicable, available on the Services, and we will also update the “Last Updated” date at the top of this Agreement. If we make any material changes and you have registered an Account with us, we will also send an email with an updated copy of this Agreement to you at the email address associated with your Account. Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for users without an Account and thirty (30) days after posting for users with an Account. Catch may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICES.

    • 15.7. Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Catch agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in the State of New York.

    • 15.8. Governing Law. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.

    • 15.9. Notice. Where Catch requires that you provide an email address, you are responsible for providing Catch with a valid and current email address. In the event that the email address you provide to Catch is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, Catch’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Catch at the following address: 45 Rockefeller Plaza, Fl 8, New York, NY 10111. Such notice shall be deemed given when received by Catch by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

    • 15.10. Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

    • 15.11. Severability. If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.

    • 15.12. Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (i) into any United States embargoed countries, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (B) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Catch are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Catch products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

    • 15.13. Disclosure. Catch, Catch Insurance, and Catch Money are not banks. Banking services are provided by TransPecos Bank, SSB, Member FDIC.

    • 15.14. Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.