Last Updated: December 13, 2018
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE SERVICES (AS DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
These terms include, among other things, your authorization for debits and credits from and to your bank account (as defined below) via the automated clearinghouse network (“ACH”) and a binding arbitration provision containing a class action waiver.
catch.co is operated by Catch Financial, Inc., who provide services to Catch Capital Management, LLC (“Catch Capital”) an SEC Registered Investment Advisor. Catch Capital Management LLC.’s Form ADV Part 2 may be found https://s.catch.co/legal/ccm-adv2a.pdf.
Your Consent. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under these Terms and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper for (e.g., by mail). By accepting and agreeing to these Terms electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.
Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at email@example.com If you withdraw your consent to receive Communications electronically, we will close your Catch Account and return the balance in your Catch Account to your Bank Account as set forth in these Terms, and you will no longer be able to use your Catch Account or the Services, except as expressly provided in these Terms. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.
You Must Keep Your Contact Information Current With Us. In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the Website or Application.
Copies of Communications. You should print and save and/or electronically store a copy of all Communications that we send to you electronically.
Hardware and Software Requirements. In order to access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as a tablet or smart phone) that operates on a platform like Windows or macOS; (3) a connection to the Internet; (4) a Current Version of Microsoft Edge 17 (or higher), Mozilla Firefox 60, Safari 11.1 (macOS) or 11.3 (iOS), or Chrome 66; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader X or higher, or Apple Preview 10 or higher; (6) a computer or device and an operating system capable of supporting all of the above; (7) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher.
Changes. We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms on the Website and the Application or delivering notice of such termination or change electronically.
By agreeing to these Terms, you authorize Catch to electronically debit and credit your designated deposit account at your designated depository financial institution (your “Bank Account”) via ACH and, if ever applicable, to correct erroneous debits and credits via ACH as follows:
Range of Acceptable Debit Amounts: up to $10,000 per Business Day (as defined below)
Frequency of Debits: multiple times per Business Day (however, debits and credits may not necessarily occur every Business Day)
You also acknowledge that the amount and frequency of the foregoing debits and credits may vary. You will have permission to initiate each debit and credit.
In addition, by agreeing to these Terms, you authorize Catch to electronically debit your Bank Account via ACH (and, if ever applicable, to electronically credit your Bank Account to correct erroneous debits) as follows:
Amount of Debits: Monthly Fee as further described below
Frequency of Debits: multiple times per Business Day (however, debits and credits may not necessarily occur every Business Day)
You acknowledge that the electronic authorization contained in this Section represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until you notify Catch that you wish to revoke this authorization by emailing firstname.lastname@example.org. You must notify Catch at least three (3) Business Days before the scheduled debit date of any ACH transaction from your Bank Account in order to cancel this authorization. If we do not receive notice at least three (3) Business Days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the debit transaction. However, we assume no responsibility for our failure to do so. If you withdraw your electronic authorization contained in this Section, we will close your Catch Account and return the balance in your Catch Account to your Bank Account as set forth in these Terms, and you will no longer be able to use your Catch Account or the Services, except as expressly provided in these Terms. Please note that withdrawal of your electronic authorization contained in this Section will not apply to ACH transactions performed before the withdrawal of your authorization becomes effective.
In addition to any of your other representations and warranties in these Terms, you represent that: (a) your browser is equipped with at least 128-bit security encryption; (b) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; and (c) the ACH transactions you hereby authorize comply with applicable law.
For purposes of these Terms, “Business Day” means Monday through Friday, excluding federal banking holidays.
Although Catch Capital carefully evaluates potential returns based on historic performance, Catch Capital makes no representation regarding the likelihood or probability that any actual or proposed account allocation among Wealth Components will in fact achieve a particular investment outcome or goal. Past performance is not a guarantee of future success, and, in fact, volatility means that returns in any period may be far above or below those of a previous period. Some customers may have investment results that materially differ from those indicated by our investment tools and projections. Investments at Catch Capital may lose value. Catch Capital is unable to predict or forecast market fluctuations or other uncertainties that may affect the value of any investment. Model predictions are inherently limited in that they do not represent actual trading nor material economic or market factors that might have had an impact on Catch Capitals’s advice. Portfolio performance projected are based on Catch Capital’s current recommended portfolios, and, for periods that pre-date the issuance of funds in our current recommended portfolios, broad market indexes. Portfolio performance projected account for the reinvestment of dividends as well as investment fees. While the features within the Wealth Components are designed to provide helpful investing guidance, as an individual, you must carefully consider the appropriateness of the proposed portfolios in light of your own personal financial circumstances, including cash flow needs, tax circumstances, or other complex or subjective concerns. You are urged to use all available resources to educate yourself about investing in general, as well as the investments and overall composition of your portfolio and Wealth Components. Additionally, market conditions and your personal financial circumstances may change - perhaps suddenly or maybe gradually over time. Monitoring and adjusting your Wealth Components to suit changing circumstances is your responsibility, and it is recommended that you reassess any investing program on a regular basis to ensure that it remains consistent with your current financial resources and investment objectives.
The Services contain commentary and links to certain articles only as a convenience. Linked articles may have been written by third parties not affiliated with Catch. No information contained in these articles has been endorsed or approved by Catch, and Catch is not responsible for content. No information accessed through these articles constitutes a recommendation by Catch to buy, sell, or hold any security, financial product or instrument discussed therein within a Wealth Component. This information neither is, nor should be construed, as an offer, or a solicitation of an offer, to buy or sell securities by Catch. You shall be fully responsible for any investment decisions you make for your Wealth Components, and such decisions will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, and liquidity needs.
Neither Catch nor any other party involved in the creation, production, or delivery of the information at the website, nor the officers, directors, employees, or representatives of Catch, are liable in any way for any indirect, special, punitive, consequential, or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the Website, the Application, or the use of the Service or with the delay or inability to use the Services, whether or not Catch is made aware of the possibility of such damages. This limitation includes, but is not limited to, the transmission of any viruses, data or harmful code that may affect your equipment or anyone else’s equipment, any incompatibility between the Website’s files and your browser or other website accessing program, or any failure of any electronic or telephone equipment, communication or connection lines, unauthorized access, theft, operator errors, or any force majeure. Catch does not guarantee continuous, uninterrupted, or secure access to the Website or a linked website. The content, accuracy, opinions expressed, and other links provided by linked websites are not necessarily investigated, verified, monitored, or endorsed by Catch. The information, software, products, and description of services published on the Website, the Application, or a linked website may include inaccuracies or typographical errors, and Catch specifically disclaims any liability for such inaccuracies or errors. Changes are periodically made to the information on the Website, the Application and linked websites, and the Application. Catch may make improvements or changes to the Website, the Application, or Services at any time.
Catch has taken reasonable steps to ensure the confidentiality of information collected in the Services and transmitted via the internet. However, unexpected changes in technology may be used by unauthorized third parties to intercept confidential information and we cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.
We may charge a monthly fee (the “Monthly Fee”) for our services that identify funds in your Bank Account that may be put towards savings for your designated plans, regardless of whether we transfer any funds to or from your Bank Account and your Catch Account via ACH. The current amount of the Monthly Fee is disclosed on the Website and the Application. We may debit the Monthly Fee on a monthly basis from your Bank Account pursuant to your ACH authorization provided above. The Monthly Fee is non-refundable, except as otherwise required by applicable law. We may change the amount, frequency, and debit date of the Monthly Fee from time to time in our sole discretion. We will notify you in advance of any change to the Monthly Fee by sending you an email, by posting a notice on the Website and the Application, and/or by any other method permitted by applicable law. By accessing or using the Services after any change to the Monthly Fee takes effect, you agree to pay the Monthly Fee, as modified.
For our compliance purposes, and in order to provide the 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 and Bank Account information. When you register for the Services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as:
A copy of your government-issued photo ID, such as a passport or driver’s license;
A copy of a utility bill, bank statement, affidavit, or other bill, dated within three (3) months of our request, with your name and U.S. street address on it; and
Such other information and documentation that we may require from time to time.
By using the Services and providing User Information to us, 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 your Bank Account from the financial institution holding your Bank Account and other third-party websites and databases as necessary to provide the Services to you. For the purposes of such authorization, you hereby grant Catch and our third-party service providers a limited power of attorney and you hereby appoint Catch 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 CATCH OR OUR THIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, CATCH AND OUR 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. You understand and agree that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services. We make no effort to review information obtained from the financial institution holding your Bank Account and other third-party websites and databases for accuracy, legality, or non-infringement. As between Catch and our third-party service providers, Catch owns your confidential User Information.
The purpose of the Services is to try to help you set up benefits and savings with limited effort. We monitor and analyze your Bank Account. Based on our analytics, we identify funds in your Bank Account that may be income. Based on the plan you set up and your ACH authorization provided above, we will notify you and ask you to verify a resultant transaction. We will then transfer such funds from your Bank Account to your Catch Account via ACH. Only funds from your Bank Account may be transferred to your Catch Account. The funds in your Catch Account are held at FDIC-insured banks for your benefit.
It is important to know the amount of available funds before instructing us to transfer funds from your Bank Account to your Catch Account or from your Catch Account to your Bank Account. If you do not have sufficient funds available in your Bank Account to cover the amount of the requested transfer, we may choose to decline the request for transfer. You are solely responsible for initiating the transfer from your Bank Account. If you do not have sufficient funds available in your Catch Account to cover a requested transfer to your Bank Account, your request for transfer may be declined.
Your funds will remain in your Catch Account until you instruct us to transfer any or all of your funds from your Catch Account by indicating a withdrawal within the Website or the Application. We will generally transfer the requested funds from your Catch Account to your Bank Account within three (3) Business Days of when we receive your request.
We may transfer funds from your Catch Account to your Bank Account without notice to you upon the closure of your Catch Account as Described below and at any time if required by applicable law or if we, in our sole discretion, suspect the Services are being used for illicit purposes or otherwise in violation of these Terms.
You may not use the funds in your Catch Account to make purchases, withdraw cash, transfer funds to third parties, or for any other purpose. You are solely responsible for determining whether the funds debited from your Bank Account and the funds maintained in your Catch Account are acceptable to you. We are not responsible for any third-party fees that may be incurred as a result of using the Services, including, but not limited to, third-party fees incurred as a result of maintaining insufficient funds in your Bank Account.
Catch Capital Management LLC is a financial advisor only in regards to the retirement product provided. For other benefits and plans, Catch Financial, Inc. is not providing financial advice in the Services. Your financial situation is unique. We are not responsible for ensuring your Bank Account has sufficient funds for your needs, purposes, or transactions. We do not make any representations, warranties, or guarantees of any kind that the Services are appropriate for you. Before using the Services, you should consider obtaining additional information and advice from a financial advisor.
The Services and content on the Website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy. Catch does not endorse and is not responsible for the accuracy or reliability of any information on the Website. It is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of any information available on the Website. Catch specifically disclaims any duty to update the information on the Website.
For more information about the Services, please review these Terms and visit our Frequently Asked Questions page on the Website or the Application.
You may obtain information about the balance of funds in your Catch Account at any time by viewing the Website or Application to view balances for both Savings Components and Wealth Components.
You agree that you will not receive interest or other earnings on the funds in your Savings Components. You irrevocably transfer and assign to Catch any and all rights that you may have to any interest that may accrue on funds held in your Savings Components. This assignment applies only to interest earned on the funds held in your Catch Account, and nothing in these Terms grants Catch any rights to the principal of the funds held in your Savings Components.
You may only use the Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. Your use of the Services must comply with all applicable law. If your use of the Services is prohibited by applicable law, then you are not authorized to use the Services. We are not responsible if you use the Services in any manner that violates applicable law.
You agree not to authorize any other person or entity to use your username and password or mobile device to access the 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 Terms or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your User Information on your mobile device or from unauthorized or fraudulent transactions associated with your Bank Account or your Catch Account. If you suspect or become aware of any unauthorized activity or access to your username, password, or mobile device, you must contact us immediately at email@example.com.
We offer the Services and the features, information, materials, and content provided and depicted through the Service (collectively, “Content”) solely for your personal use and for the purposes described therein and in these Terms. Any and all other uses are prohibited. You may not restrict or inhibit any other person from using or enjoying the Services or Content.
The Services and Content 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 Terms 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 Content 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, scraper, or other automatic or manual device, process, or means to access the Services or copy any Content, 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 Services or our infrastructure; © utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (d) rent, lease, copy, provide access to, or sublicense any portion of the Services or Content to a third party; (e) use any portion of the Services or Content to provide, or incorporate any portion of the 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 Services or Content; (g) modify the Services or Content or create any derivative product from any of the foregoing; (h) remove or obscure any proprietary or other notices contained in the Services or Content; (i) use the 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 Catch Account or any other person’s Catch Account (such as allowing someone else to use your username and password to access the Services); (k) attempt, in any manner, to obtain the username, password, account, or other security information from any other user of the 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 Services. We may, but are not obligated to, monitor your use of the Services and Content.
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 Terms. We and our third-party licensors retain all right, title, and interest in and to the Services, Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights.
The Services may permit you to submit content, send emails and other communications, and provide other information for publication or distribution to third parties (collectively, “User Content”). Any User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or any form of “spam.” If you submit User Content, and unless we indicate otherwise, you grant us a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. We take no responsibility and assume no liability for any User Content submitted by you or any other user or third party.
To the extent permitted by applicable law, we may, in our sole discretion and without liability to you, terminate (or suspend access to) your use of the Services, Content, or your Catch Account for any reason, including, but not limited to, your breach of these Terms.
In order to use the Services, you must provide your mobile device number and you must provide and verify your email address and consent to receiving emails relating to the Services at that address.
You may stop using the Services, close your Catch Account, and cancel these Terms at any time by contacting us at firstname.lastname@example.org and providing sufficient information for us to verify your identity. Notwithstanding the foregoing, if there are any pending transactions relating to your Catch Account when we receive your termination notice, we will close your Catch Account promptly after such transactions are completed. Your termination of these Terms will not affect any of our rights or your obligations arising under these Terms prior to termination.
Upon the closure of your Catch Account, we will transfer the funds in your Catch Account, if any, to your Bank Account. If your Bank Account is closed or we are otherwise unable to transfer the funds in your Catch Account to your Bank Account, we will send you a check for the amount of the funds to you at your street address in our records.
If you do not use the Services for a certain period of time, applicable law may require us to report the funds in your Catch Account as unclaimed property. If this occurs, we may try to locate you at the address shown in our records. If we are unable to locate you, we may be required to deliver any funds in your Catch Account to the applicable state as unclaimed property. The specified period of time to report and deliver funds to a state varies by state, but usually ranges between two (2) and five (5) years.
Provisions of these Terms that, by their nature, should survive termination of these Terms will survive termination of these Terms.
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 us immediately at email@example.com. In order to take any action, you will need to provide certain User Information so we can verify your identity.
Additional Terms. In conjunction with your access or use of the Services, you may be subject to additional terms, rules, policies, and conditions that are posted on the Website or Application, including, but not limited to, terms and conditions for our referral or rewards programs (the “Additional Terms”), which are hereby incorporated by reference into these Terms. In the event of a conflict between any Additional Terms and these Terms, these Terms 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 SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES IS AT YOUR SOLE RISK. THE 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 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 SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN THE 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 SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE 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 RIO, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE 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 SERVICES OR THE INABILITY TO USE THE 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 TERMS, THE SERVICES, OR CONTENT; (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100 OR THE AMOUNT TRANSFERRED FROM YOUR BANK ACCOUNT TO YOUR RIO ACCOUNT VIA THE SERVICES; OR (D) ANY EVENT BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. At our request, you agree to defend, indemnify, and hold harmless Catch, its affiliates, and its and their respective employees, officers, directors, agents, and third-party service providers from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related to any third-party claims relating to your use of the Services, violation of these Terms, applicable law or any third-party rights, or your fraud or willful misconduct. Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
United States Clients Only. The Catch Website, Application, and Services are intended to be made available only to individuals in the United States, and the information on the Website or Application is only for such persons. Nothing on the Catch Website or Application shall be considered a solicitation to sell advisory services to any person in any jurisdiction where such offer or solicitation would be unlawful under the laws of such jurisdiction. You may not use the Services and may not accept the Terms if (a) you are not of legal age (either under the laws of the Massachusetts or the laws of the jurisdiction of which you are a resident or from which you use the Website or Application) to form a binding contract with us, or (b) you are a person barred from using the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. Indemnity. At our request, you agree to defend, indemnify, and hold harmless Catch, its affiliates, and its and their respective employees, officers, directors, agents, and third-party service providers from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related to any third-party claims relating to your use of the Services, violation of these Terms, applicable law or any third-party rights, or your fraud or willful misconduct. Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
Assignment. You may not transfer, assign, or delegate these Terms or your rights or obligations hereunder or your Catch Account in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.
Third-Party Beneficiary. You agree that our third-party services providers are third-party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such service providers were a party to these Terms.
Governing Law. These Terms are made under and will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
For any and all controversies, disputes, 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 Services or these Terms (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 and its 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 Services or these Terms (as well as any related or prior agreement that you may have had with us) 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 Terms, 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 AWARE 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 Terms, 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 Catch Account and these Terms 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 Terms by sending a written notice to us by certified mail at the following address: Catch Financial Inc., 131 Tremont Street, Floor 3, Boston, MA 02111, Attn: Arbitration Opt-Out. Your opt-out notice must include your name, address, phone number, and email address.
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.
Wealth Components Protection. Folio Financial, Inc. (“Folio”) provides brokerage and custodial services to Catch Capital. Folio is a member of SIPC that provides protection for the securities of customers of its members for a maximum value of $500,000 (this includes $250,000 of coverage for claims relating to loss of cash). Further information is available at www.sipc.com. SIPC may also be contacted at the following address: Securities Investor Protection Corporation, 805 15th St. N.W., Ste. 800, Washington, D.C. 20005-2215; Tel: 202.371.8300, Fax: 202.371.6728; E-mail: firstname.lastname@example.org.
Disclosure of Transactions for Catch’s Account. Catch Capital regularly trades for its own account in the same securities as we advise our customers on. Catch Capital’s securities positions are typically small. Our trading activity is necessary to round out transactions to the exact amounts customers with Wealth Components want to deposit, withdraw, or allocate. Catch Capital’s trading is conducted with other market participants, we do not buy or sell with Catch Capital customers, although orders for our principal account are generally aggregated with our clients’ orders. The prices Catch Capital received for our trades are exactly the same as the prices every other customer receives.
We may add to or terminate any of the Services or amend these Terms 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 the Terms 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 Terms, but accepting these Terms, as revised, is required for you to continue accessing or using the Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the Services. Except as otherwise expressly stated by us, your access and use of the Services are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.
If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at email@example.com, or Catch Financial, Inc., 131 Tremont Street, Floor 3, Boston, MA 02111.