Terms of Use

Last Revised: Jan 4, 2022
Effective Date: Jan 4, 2022

Introduction

This is the website (“Site”) of Catch Health Inc., and its subsidiaries and affiliates, doing business as Catch. By accessing or using any features of this Site, you agree to be bound by these terms of use (“Terms of Use”). All visitors to and users of any aspects of the Site (“User(s)”) are bound by these Terms of Use. Your access to, and use of, the Site constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms of Use, do not access or use the Site.

Some of the services provided by Catch may be subject to additional posted conditions or a separate written agreement. Your use of those services is subject to those conditions, which are incorporated into these Terms of Use by reference. In the event of a conflict between the additional conditions and these Terms of Use, the additional conditions will apply.

Use of the Site is subject to all applicable laws and regulations. Nothing contained in these Terms of Use shall limit Catch’s right to comply with governmental, judicial, and law-enforcement requests or requirements relating to your use of the Site.

Eligibility

The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register an account on the Site.

Privacy

Catch believes strongly in the protection of the privacy of Users. Data collection and the use of data collected from the Site is governed by our Privacy Policy which we encourage you to review. We may change our Privacy Policy and practices over time.

Copyright Notice

All pages on this Site are subject to Catch copyright notices and intellectual property rights. All materials, including images, text, illustrations, graphics, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site and any compilation thereof (“Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Catch, one of its subsidiaries or affiliates, or by third parties who have licensed their materials to Catch. The Contents are protected by U.S. and international copyright laws, and Catch and its licensors expressly reserve all intellectual property rights in the Contents. Access to, or use of, this Site does not confer, and shall not be considered as conferring upon anyone, any license, assignment, or grant of any intellectual property rights except as expressly stated in these Terms of Use. You may not reproduce, publish, transmit, distribute, display, publicly perform, modify, create derivative works from, sell or participate in any sale of, resell, lend, loan, lease, license, sublicense, transfer or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Catch or its software suppliers and is also protected by U.S. and international copyright laws.

Any unauthorized use of the Contents is subject to all applicable penalties available to the copyright owner under the applicable copyright laws.

Trademark Notice

The Catch name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Catch. All other marks are the property of the irrespective owners. No trademark or service mark license is granted in connection with the Contents. Access to, or use of, this Site does not authorize anyone to use any name, logo or mark in any manner whatsoever.

Feedback

If you provide Catch any feedback or suggestions regarding Catch, the Site, or the Contents(“Feedback”), you hereby assign to Catch all rights in the Feedback and agree that Catch shall have the right to use such Feedback and related information in any manner it deems appropriate without a duty of accounting to you. Catch will treat any Feedback you provide to Catch as non-confidential and non-proprietary. You agree that you will not submit to Catch any information or ideas that you consider to be confidential or proprietary.

Account Security

If you choose, or are provided with, a user name, password, or any other piece of information aspart of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to, or use of, your user name or password or any other breach of security, and you will cooperate with us in responding to and mitigating any such unauthorized access or other breach of security.

Accuracy of Information

While Catch uses reasonable efforts to ensure that the Contents are accurate and up-to-date,Catch makes no warranties or representations as to the accuracy or completeness of theContents or the reliability of any advice, opinions, statements, articles, or other information displayed or distributed through this Site. YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINIONS, STATEMENTS, ARTICLES, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. Catch RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OFTHIS SITE. This provision may be void, inapplicable, and unenforceable under certain state laws.

Catch Services, Platform and Specifications

All services, platforms, specifications, products, features, and content described or depicted on this Site are subject to change at any time without notice. The inclusion of any services, platforms, specifications, products, features, or content on this Site at a particular time does not imply or warrant that they will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the access to, or use of, any services, platforms, specifications, products, features, or content licensed by Catch.

Disclaimer

THIS SITE IS PROVIDED BY CATCH ON AN “AS IS” AND “AS AVAILABLE” BASIS. CATCH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENTS, PLATFORMS,SERVICES OR MATERIALS INCLUDED ON THIS SITE INCLUDING ANY REPRESENTATIONS OR WARRANTIES THAT THE SITE OR THE INFORMATION,CONTENTS, PLATFORMS, SERVICES OR MATERIAL THEREON WILL BE ACCURATE,COMPLETE, TIMELY, OR ERROR-FREE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CATCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK.THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED THROUGH ADDITIONAL POSTED CONDITIONS OR A SEPARATE WRITTEN AGREEMENT.THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You hereby agree to indemnify, defend, and hold harmless Catch and its employees, members, managers, directors, officers, agents, vendors or suppliers (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation(“Claim”) against any such Indemnified Party arising in any manner from:

  1. your access to or use of the Site or Contents,
  2. your violation or alleged violation of applicable laws,
  3. your negligence or willful misconduct in connection with your use of the Site or Contents, or
  4. your breach or alleged breach of any provision of these Terms of Use.

Catch will use reasonable efforts to provide you with notice of any such Claim. Catch will have the right to participate in the defense of any such Claim at its expense; and you will not enter into any settlement that admits any liability on behalf of any Indemnified Parties without the prior written consent of the applicable Indemnified Parties.

Limitation of Liability

UNDER NO CIRCUMSTANCES WHATSOEVER AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL CATCH OR ANY OF ITS EMPLOYEES, MEMBERS, MANAGERS, DIRECTORS, OFFICERS,AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, RELIANCE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR PUNITIVE OR EXEMPLARY DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE AND THE CONTENTS,INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR HARDWARE, SYSTEM OR NETWORK FAILURE OR MALFUNCTION, EVEN IF CATCH HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CATCH BE LIABLE FOR ANY DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THIS SITE AND THE CONTENTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

Termination and Suspension

These Terms of Use will remain in effect until terminated by either you or Catch. You may terminate these Terms of Use at any time by ceasing to access the Site. You acknowledge and agree that Catch may terminate your access to all or any part of the Site, with or without notice, for any or no reason, in its sole discretion, without liability of any kind. Catch may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice, without liability of any kind. Upon termination or expiration of these Terms of Use for any reason:

  1. all rights granted to you under these Terms of Use will terminate; and
  2. you will immediately cease all use of and access to the Site.

Any section of these Terms of Use which, by its nature, should survive the termination of these Terms of Use shall so survive.

Without limiting Catch’s right to terminate these Terms of Use, Catch may also suspend your access to the Site or any Content, with or without notice to you, upon any actual, threatened, or suspected breach of these Terms of Use or applicable law or upon any other conduct deemed by Catch in its sole discretion, to be inappropriate or detrimental to Catch or any third party.

Links to Third-Party Websites

References on this Site to any names, marks, products or services of third parties or hypertext links to third-party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Catch’s endorsement, sponsorship or recommendation of the third party, or its sites, information, products or services. If you use those websites, you will leave this Site. If you decide to visit any linked website, you do so at your sole risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Catch makes no warranty or representation regarding any third-party website, information, products or services.

Linking to this Site

All links to this Site must be approved in writing by Catch, except that Catch consents to your use of links in which:

  1. the link is a text-only link containing only the name “Catch”;
  2. the link “points” only to www.catch.com and not to deeper pages;
  3. the link, when activated by a User, displays that page full-screen in a fully operable and navigable browser window and not within a“frame” on the linked website; and,
  4. the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with, endorsed by, or sponsored by Catch, nor be such as to damage or dilute the goodwill associated with the name and trademarks of Catch.

Catch reserves the right to revoke this consent to link at any time in its sole discretion.

‍

Revisions to Terms of Use and this Site

Catch reserves the right, at its sole discretion, to change, modify, revise, add or remove any portion of these Terms of Use in whole or in part, at any time and from time to time. Changes to these Terms of Use will be effective when such changes are posted to the Site, which constitutes notifying you of such changes. Your continued use of this Site after any change will be considered acceptance of those changes. Catch may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at anytime and from time to time. Catch may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

Restrictions on Rights to Use

Without limiting the generality of any other provisions of these Terms of Use, you agree you shall not (and you agree not to allow any other individual or entity to):

  • use or access, or attempt to use or access, the Site except as expressly provided in these Terms of Use;
  • download, modify, reproduce, adapt, translate, reverse engineer, disassemble, decompile, create derivative works based upon, publicly display, sell, rent, lease, loan, lend, license, sublicense, transfer or in any way commercially exploit any portion of theSite or the Contents, except as, and to the extent, expressly permitted under theseTerms of Use (if at all);
  • remove any copyright, trademark or other proprietary rights notice contained in or on theSite or the Contents;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site;
  • reformat or frame any portion of any Web pages that are part of the Site;
  • monitor the availability, performance or functionality of the Site;
  • create User accounts by automated means or under false or fraudulent pretenses;
  • create or transmit to other Users unsolicited electronic communications, such as “spam,”or otherwise interfere with other Users’ enjoyment of the Site;
  • submit to the Site any content that falsely states or implies that such content is sponsored or endorsed by Catch;
  • transmit or upload to the Site any item containing or embodying any virus, worm, defect,Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Site, any other Web site, or any computer or other device or system, or the enjoyment of the Site by any;
  • use the Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
  • submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
  • copy or store any Contents offered on the Site other than for your personal, non-commercial use;
  • use the Site to, intentionally or unintentionally, violate any applicable local, state, federal or international law; or
  • collect or store personal data about other Users of the Site.

International Users

This Site is controlled, operated and administered by Catch from its offices within the UnitedStates of America. Catch makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States, and access to such materials from territories where their contents are illegal is prohibited. You may not use the Site or export the Contents in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws, rules and regulations.

Entire Agreement, Severability, Waiver, Attorneys’ Fees, Choice of Law and Jurisdiction

These Terms of Use constitute the entire agreement between Catch and you with respect to your use of this Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms ofUse shall continue in full force and effect. Any waiver by either party of a breach of any provision of these Terms of Use will not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. These Terms ofUse shall be governed by the laws of the State of Missouri, United States of America, without regard to its conflicts of laws principles, and the federal law of the United States of America. You acknowledge that the provisions of the United Nations Convention on Contracts for theInternational Sale of Goods and the Uniform Computer Information Transactions Act are not applicable to any transaction with Catch. Any action to enforce these Terms of Use shall be brought in the federal or state courts located in St. Louis, Missouri, United States of America, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts and waive any objection to such exclusive jurisdiction or venue.

Equitable Relief

You acknowledge that any breach or threatened breach of these Terms of Use by you will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, Catch will be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. Catch will be entitled to the relief described in this section without the requirement of posting a bond. If Catch seeks any equitable remedies, it will not be precluded or prevented from seeking remedies at law, nor will it be deemed to have made an election of remedies.

Website Security

You are prohibited from violating or attempting to violate the security of this Site, including, without limitation, (a) accessing data not intended for you or another User or logging onto a server or an account which you or another User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to thisSite, overloading, “flooding,” “spamming,” “mail-bombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.Violations of system or network security may result in civil or criminal liability. Catch will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

Copyright Violation Notice

If you feel the content of this Site violates your copyright, please send a notice of the violation to: Catch, Attn: General Counsel, 30 Maryland Plaza 3rd Floor St. Louis, MO 63108Your notice must include (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to have been infringed and are covered by a single notification, a representative list of such works,(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Catch to locate the material, (iv) information reasonably sufficient to permit Catch to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted, (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the exclusive right, its agent, or the law; and, (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), Catch will act expeditiously to remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of the United States.

Questions and Communications

If you have any questions about these Terms of Use, you can contact Catch as follows: send an e-mail to us at hello@catchhealth.com.

Logo of Catch Health
AboutBlogContactLinkedInTerms of UsePrivacy Policy
© Catch Health