Terms of Use

BBVA USA

Last updated June 27, 2018

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE MONEY TRANSFER SERVICES (AS DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE MONEY TRANSFER SERVICES IN ANY MANNER.

These BBVA Terms of Use (these “BBVA Terms of Use”) represent an agreement between you and BBVA USA doing business as BBVA (“BBVA” or the “Bank”) and contain the terms and conditions governing your use of and access to any money transfer services made available by BBVA through the website at www.catch.co and all other websites to which these BBVA Terms of Use are posted (collectively, the “Website”) or the Catch Financial, Inc. doing business as Catch (“Catch”) mobile applications to which these BBVA Terms of Use are posted (collectively, the “Application” and together with the Website and the Application, the “Money Transfer Services”). “You” and “your” mean the person who uses or accesses the Money Transfer Services. “We,” “us,” and “our” mean BBVA USA doing business as BBVA and its successors, affiliates, and assignees. As used in these BBVA Terms of Use, “Account” means the consumer demand deposit account you have must open with BBVA to access and use the Money Transfer Services provided by BBVA in the Website and Application. The Account is governed by the Consumer Deposit Account Agreement.

The Money Transfer Services is a program of and provided by the Bank, to which Catch Financial, Inc. is a program manager and service provider. Your use of and access to the Money Transfer Services are subject at all times to these BBVA Terms of Use, and the Bank’s privacy policy. Please read these BBVA Terms of Use and the Bank’s privacy policy carefully. By using or accessing the Money Transfer Services or by clicking to agree to these BBVA Terms of Use when that option is made available to you, you represent that you have read and understand these BBVA Terms of Use and the Bank’s privacy policy and you agree to be bound by these BBVA Terms of Use and the Bank’s privacy policy. If you do not agree to all the terms and conditions of these BBVA Terms of Use and the Bank’s privacy policy do not use or access the Money Transfer Services.

THESE BBVA TERMS OF USE INCLUDE A BINDING ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. 

YOUR CONSENT TO USE ELECTRONIC SIGNATURES AND ELECTRONIC COMMUNICATIONS

Your Consent. Pursuant to our Electronic Communications Agreement, you consent to use electronic signatures and to electronically receive each disclosure, notice, agreement, fees schedule, privacy policy, statement, record, document, and other information that we provide to you, or that you sign or submit or agree to at our request. 

Are there any fees for using the Money Transfer Services?

We do not currently charge you any fee for using the Money Transfer Services, however, Catch Financial, Inc. may charge you a separate fee for using their services.

What are the requirements to use the Money Transfer Services?

In order to use the Money Transfer Services, you must: (a) accept and agree to the BBVA Electronic Communications Agreement, these BBVA Terms of Use, the BBVA Catch Consumer Deposit Account Agreement, the BBVA Catch Account Opening Disclosure, the BBVA privacy policy, (b) register with Catch Financial, Inc. on the Website or the Application by providing the information Catch Financial, Inc. requests and agreeing to Catch Financial, Inc.’s Terms of Use, ESIGN Agreement and Privacy Policy; (c) be a U.S. citizen of at least 18 years of age (or older if you reside in a state where the majority age is older); (d) have an existing bank account with a U.S. financial institution (“Existing Bank Account”); (e) provide all information requested by Catch Financial, Inc. and us, such as your name, physical street address, social security number, date of birth, citizenship status, country of citizenship, occupation, gross income, email address, mobile device number, and such other information as Catch Financial, Inc. or BBVA may request from time to time (collectively, “User Information”). You represent and warrant that all User Information you provide to Catch Financial, Inc. and BBVA from time to time is truthful, accurate, current, and complete, and you agree not to misrepresent your identity or your User Information. You agree to promptly notify of changes to your User Information by updating the new information on the Website or the Application or calling BBVA customer service at 800-266-7277. 

For our compliance purposes and in order to provide the Money Transmission Services to you, you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity. When you register for the Money Transmission Services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as:

  • 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 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.

By using the Money Transmission Services and providing User Information to Catch Financial, Inc., you automatically authorize us to obtain, directly or indirectly through our third-party service providers and without any time limit or the requirement to pay any fees, information about you and from the financial institution holding your Existing Bank Account and other third-party websites and databases as necessary to provide the Money Transmission Services to you. For purposes of such authorization, you hereby grant us and our respective third-party service providers a limited power of attorney, and you hereby appoint us and our third-party service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place, and stead, in any and all capacities, to access third-party websites, servers, and documents; retrieve information; and use your User Information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR OUR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, WE AND OUR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. 

The information you provide us is subject to the Bank’s Privacy Policy.

How do I use the Money Transmission Services?

Using the Website or Application, you can transfer money from your Existing Bank Account into your Account. Once the funds in your Account are made available by BBVA and you have become a client of Catch’s Wealth Components pursuant to Catch’s written investment advisory agreement, you can use the Website or Application to transfer money from your Account to select individual retirement accounts offered by Third Party Trade LLC, a separate brokerage firm that is not affiliated in with BBVA. 

You may use the funds in your Account only to (i) transfer money from your Account to select individual retirement accounts offered by Third Party Trade LLC; or (ii) transfer money from your Account back to your Existing Bank Account and for no other purpose. You are solely responsible for determining whether the funds debited from your Account are acceptable to you. We are not responsible for any third-party fees that may be incurred as a result of using the Money Transmission Services, including, but not limited to, third-party fees from Catch Financial, Inc. or Third Party Trade LLC. 

BBVA is not a financial adviser, and the Money Transmission Services are not intended to provide financial advice. Before investing or transferring any amounts to Third Party Trade LLC, you should consider obtaining additional information and advice from a financial adviser. The IRA accounts are provided by Third Party Trade LLC and are not Bank products or services. The IRA accounts are not insured by the FDIC or any other federal government agency, are not deposits of or guaranteed by the Bank, and may lose value. 

Your financial situation is unique. We are not responsible for ensuring your Account has sufficient funds for your needs, purposes, or transactions. We do not make any representations, warranties, or guarantees of any kind that the Money Transmission Services are appropriate for you. 

What are some restrictions on using the Money Transmission Services?

You may only use the Money Transmission Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. Your use of the Money Transmission Services must comply with all applicable law. If your use of the Money Transmission Services is prohibited by applicable law, then you are not authorized to use the Money Transmission Services. We are not responsible if you use the Money Transmission Services in any manner that violates applicable law.

You agree not to authorize any other person or entity to use your user name and password or mobile device to access the Website or Application to use the Money Transmission Services. You are solely responsible for the maintenance, confidentiality, and security of your username, password, and other User Information. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorized or performed using your username and password or mobile device, whether authorized or unauthorized by you. Except as otherwise expressly stated in these BBVA Terms of Use or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your User Information or your mobile device or from unauthorized or fraudulent transactions associated with your Account or the Money Transmission Services. If you suspect or become aware of any unauthorized activity or access to your username, password, or mobile device, you must contact Catch Financial, Inc. immediately at help@catch.co. We offer the Money Transmission Services solely for your personal use for the purposes described in these BBVA Terms of Use. Any and all other uses are prohibited. 

The Money Transmission Services are protected by copyright, trademark, patent, and other intellectual property laws. We expressly reserve all rights and remedies under applicable law. Except as expressly provided by these BBVA Terms of Use or with our prior written consent, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit any part of the Money Transmission Services in any form by any means. Without limiting the foregoing, you agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Money Transmission Services, except as expressly authorized by us; (b) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Money Transmission Services or our infrastructure; (c) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Money Transmission Services; (d) rent, lease, copy, provide access to, or sublicense any portion of the Money Transmission Services to a third party; (e) use any portion of the Money Transmission Services to provide, or incorporate any portion of the Money Transmission Services or Content into, any product or service provided to a third party; (f) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code of the Money Transmission Services; (g) modify the Money Transmission Services or create any derivative product from any of the foregoing; (h) remove or obscure any proprietary or other notices contained in the Money Transmission Services; (i) use the Money Transmission Services or Content in any way that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, as we may determine in our sole discretion; (j) jeopardize the security of your Money Transmission Services or any other person’s Money Transmission Services (such as allowing someone else to use your username and password to access the Money Transmission Services); (k) attempt, in any manner, to obtain the username, password, account, or other security information from any other user of the Money Transmission Services; (l) violate the security of any computer network or crack any passwords or security encryption codes; or (m) run Maillist, Listserv, any form of auto- responder or “spam,” or any processes that run or are activated while you are not logged in to access the Money Transmission Services. We may, but are not obligated to, monitor your use of the Money Transmission Services.

We do not grant you any licenses, express or implied, to our intellectual property or the intellectual property of our licensors, except as expressly stated in these BBVA Terms of Use. We and our respective third-party licensors retain all right, title, and interest in and to the Money Transmission Services, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights.

To the extent permitted by applicable law, we may, in our discretion and without liability to you, terminate (or suspend access to) your use of the Money Transmission Services, your Digit Account for any reason, including, but not limited to, your breach of these BBVA Terms of Use.

What do I do if my mobile device is lost or stolen or if I suspect someone has gained unauthorized access to my username or password?

If your mobile device is lost or stolen or if you suspect someone has gained unauthorized access to your username or password, you must contact Catch Financial, Inc. immediately at help@catch.co. In order to take any action, you will need to provide certain User Information so Catch Financial, Inc. can verify your identity.

How does BBVA communicate with me about the Money Transmission Services?

In order to use the Money Transmission Services, you must provide and verify your mobile device number or other text message address to Catch Financial, Inc., and you must expressly consent to receive text messages relating to the Money Transmission Services at that number or address. Third-party data and message fees may apply. To verify your mobile device number or text message address, Catch Financial, Inc. may send you a code via text message to the mobile device number or text message address you provide, and you must enter that code as instructed by Catch Financial, Inc. If you change your mobile device number or text message address, you must promptly provide and verify your new mobile device number or text message address.

In addition, we may send you important notices via email about the Money Transmission Services.

What do I need to know about third-party websites?

The Money Transmission Services contain links or connections to third-party websites or services including the Website and Application that are not owned or operated by us or our third-party service providers or licensors. We provide such links and connections for your reference only. We do not control such third-party websites or services and are not responsible for their availability or content. Our inclusion of such links and connections does not imply our endorsement of such third-party websites or services or any association with their owners or operators. We assume no liability whatsoever for any such third-party websites or services or any content, features, products, or practices of such third-party websites or services. Your access and use of such third-party websites and services is subject to applicable third- party terms and conditions and privacy policies. We encourage you to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. What if I want to stop using the Money Transmission Services?

You may stop using the Money Transmission Services, close your Account, and cancel these BBVA Terms of Use at any time by contacting BBVA at custsupport.op.group@bbva.com and providing sufficient information for us to verify your identity. Notwithstanding the foregoing, if there are any pending transactions relating to your Money Transmission Services when we receive your termination notice, we will close your Account promptly after such transactions are completed. Your termination of these BBVA Terms of Use will not affect any of our rights or your obligations arising under these BBVA Terms of Use prior to termination.

Upon the closure of your Account, Catch Financial, Inc. or the Bank will transfer the funds in your Account, if any, to your Existing Bank Account. If your Existing Bank Account is closed or we are otherwise unable to transfer the funds in your Account to your Existing Bank Account, the Bank will send you a check for the amount of the funds to you at your street address in our records.

If you do not use the Account for a certain period of time, applicable law may require us to report the funds in your Account as unclaimed property. If this occurs, we may try to locate you at the address shown in our records. If we are unable to locate you, we may be required to deliver any funds in your Account to the applicable state as unclaimed property. The specified period of time to report and deliver funds to a state varies by state, but usually ranges between two and five years.

Provisions of these BBVA Terms of Use that, by their nature, should survive termination of these BBVA Terms of Use will survive termination of these BBVA Terms of Use.

What about my privacy?

The Bank takes the privacy of the users of the Money Transmission Services very seriously. You understand that by using the Money Transmission Services, you consent to the collection, use, storage, and disclosure of your information as set forth in these BBVA Terms of Use, Catch Financial, Inc.’s Privacy Policy, and the Bank’s privacy policy. Catch Financial, Inc. and the Bank may share your information with each other and other third-parties to provide the Money Transmission Services.

What else do I need to know about the Money Transmission Services?

Additional BBVA Terms of Use. In conjunction with your access or use of the Money Transmission Services, you are be subject to additional terms, rules, policies, and conditions that are posted on the Website or the Application, including, but not limited to, the Consumer Deposit Account Agreement (the “Additional BBVA Terms of Use”), which are hereby incorporated by reference into these BBVA Terms of Use. In the event of a conflict between any Additional BBVA Terms of Use and these BBVA Terms of Use, the Consumer Deposit Account Agreement will control. Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE MONEY TRANSMISSION SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE MONEY TRANSMISSION SERVICES IS AT YOUR SOLE RISK. THE MONEY TRANSMISSION SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR THIRD-PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND AS TO THE MONEY TRANSMISSION SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE AND OUR THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT (A) THE MONEY TRANSMISSION SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE MONEY TRANSMISSION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MONEY TRANSMISSION SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MONEY TRANSMISSION SERVICES WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN THE MONEY TRANSMISSION SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR OUR THIRD-PARTY SERVICE PROVIDERS THROUGH OR FROM THE MONEY TRANSMISSION SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE MONEY TRANSMISSION SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT CATCH FINANCIAL, INC., THE BANK, AND THEIR RESPECTIVE AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) THE PERFORMANCE OF THE MONEY TRANSMISSION SERVICES OR THE INABILITY TO USE THE MONEY TRANSMISSION SERVICES; (B) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THESE BBVA TERMS OF USE, THE MONEY TRANSMISSION SERVICES, OR CONTENT; (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100 OR THE AMOUNT TRANSFERRED FROM YOUR EXISTING BANK ACCOUNT TO YOUR ACCOUNT VIA THE MONEY TRANSMISSION SERVICES; OR (D) ANY EVENT BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. At our request, you agree to defend, indemnify, and hold harmless Catch Financial, Inc., the Bank, and their respective affiliates, 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 Money Transmission Services, violation of these BBVA Terms of Use, 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.

Assignment. You may not transfer, assign, or delegate these BBVA Terms of Use or your rights or obligations hereunder or your Money Transmission Services 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 BBVA Terms of Use and any rights and obligations hereunder without your consent.

Third-Party Beneficiary. You agree that any third-party service providers are third-party beneficiaries of the applicable provisions of these BBVA Terms of Use, with all rights to enforce such provisions as if such service providers were a party to these BBVA Terms of Use.

Governing Law. These BBVA Terms of Use are made under and will be governed by and construed in accordance with the laws of the State of Alabama, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

DISPUTE RESOLUTION BY BINDING ARBITRATION: JURY TRIAL WAIVER: CLASS ACTION WAIVER. For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this Section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the Money Transmission Services or these BBVA Terms of Use (as well as any related or prior agreement that you may have had with us), you and we agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration. The arbitration will take place in the federal judicial district of your residence. As used in this Section, “we” and “us” mean Catch Financial, Inc., the Bank and their respective subsidiaries, affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives. In addition, “we” and “us” include any third party providing any product, service, or benefit in connection with the Money Transmission Services or these BBVA Terms of Use (as well as any related or prior agreement that you may have had with us regarding the Money Transmission Services) if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section.

Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the American Arbitration Association (“AAA”) with substantial experience in resolving commercial contract disputes. As modified by these BBVA Terms of Use, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).

You should review this provision carefully. To the extent permitted by applicable law, you are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court in the state or municipality of your residence within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of your residence for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.

Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrators’ decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and we must abide by the following rules: (A) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (B) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) we also reserve the right, in our sole and exclusive discretion, to assume responsibility for any or all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (g) subject to the limitation of liability provisions of these BBVA Terms of Use, the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (h) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.

This Section will survive termination of your Money Transmission Services and these BBVA Terms of Use as well as any voluntary payment of any debt in full by you or any bankruptcy by you or us. With the exception of subparts (a) and (b) of this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If, however, either subpart (a) or (b) of this Section is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.

If you wish to opt out of this arbitration provision, you must notify us of your election in writing within 30 days of the date that you first became subject to this arbitration provision or within 30 days of the effective date of any material change to these BBVA Terms of Use by sending a written notice to us by certified mail at the following address: BBVA, 15 South 20th Street., Suite 1802, Birmingham, Alabama 35233, Attn: BBVA Terms of Use Arbitration Opt-Out. Your opt-out notice must include your name, address, phone number, and email address and a statement electing to opt-out of these Terms of Use.

For more information on the AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call the AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

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 Money Transmission 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 BBVA Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these BBVA Terms of Use will otherwise remain in full force and effect and enforceable. These BBVA Terms of Use and the Bank’s privacy policy constitute the entire and sole agreement between you and us with respect to the Money Transmission Services and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Money Transmission Services. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of the Bank, and you do not have any authority of any kind to bind the Bank in any respect whatsoever.

Will We ever change these BBVA Terms of Use or the Money Transmission Services?

The Bank may add to or terminate any of the Money Transmission Services or amend these BBVA Terms of Use at any time, in our sole discretion, without providing notice to you, subject to applicable law. We reserve the right, subject to applicable law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of these BBVA Terms of Use on the Website and the Application or delivering notice thereof to you electronically. You are free to decide whether or not to accept a revised version of these BBVA Terms of Use, but accepting these BBVA Terms of Use, as revised, is required for you to continue accessing or using the Money Transmission Services. If you do not agree to these BBVA Terms of Use or any revised version of these BBVA Terms of Use, your sole recourse is to terminate your access or use of the Money Transmission Services. Except as otherwise expressly stated by us, your access and use of the Money Transmission Services are subject to, and constitute your acceptance of, the version of these BBVA Terms of Use in effect at the time of your access or use.

How can I contact the Bank?

If you have any questions, comments, or concerns regarding these BBVA Terms of Use or the Money Transmission Services or you were unable to resolve an issue with Catch Financial, Inc. regarding its services, please contact the Bank at custsupport.op.group@bbva.com.