Terms of Service

This is an agreement between Catchsmart Inc., a Delaware Limited Liability Company ("Catchsmart"), the owner and operator of www.Catchsmart.com (the "Catchsmart Site"), (collectively, including all content provided by Catchsmart through the Catchsmart Site ("Service") and you ("you" or "You"), a user of the Service. BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND THE CATCHSMART’S PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.

Catchsmart Service

These Terms of Service apply to all users of the Catchsmart Service. Information provided by our users through the Catchsmart Service may contain links to third party websites that are not owned or controlled by Catchsmart. Catchsmart has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Catchsmart will not and cannot censor or edit the content of any third-party site including those of our Merchant Members (as defined in the Privacy Policy). By using the Service, you expressly acknowledge and agree that Catchsmart shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

Catchsmart Access

A. Subject to your compliance with these Terms of Service, Catchsmart hereby grants you permission to use the Service, provided that: (I) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (II) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Catchsmart's prior written authorization; (III) you will not attempt to reverse engineer, alter or modify any part of the Service; and (IV) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.

B. You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Catchsmart servers in a given period of time than a human can reasonably produce in the same period by using a Catchsmart application, and you are forbidden from ripping the content unless specifically allowed. We have to disallow using request modification tools that are meant to explore or harm, penetrate or test the site. You agree not to collect or harvest any personally identifiable information, from the Service, nor to use the systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.

Intellectual Property Rights

The design of the Catchsmart Service along with Catchsmart created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Catchsmart, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Catchsmart reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE CATCHSMART SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CATCHSMART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. CATCHSMART MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CATCHSMART SERVICE. CATCHSMART DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUMEESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CATCHSMART SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND CATCHSMART WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.

Limitation of Liability

IN NO EVENT SHALL CATCHSMART, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CATCHSMART CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CATCHSMART SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE MATERIALS OR CONTENT ON ANY MERCHANT MEMBER SITE, INCLUDING THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service is controlled and offered by Catchsmart from its facilities which may be outside of the United States. Catchsmart makes no representations that the Catchsmart Service is appropriate or available for use in any specific location. Those who access or use the Catchsmart do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless Catchsmart, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (I) your use of and access to the Catchsmart Service; (II) your violation of any term of these Terms of Service or the Privacy Policy or (III) your violation of any third party right, including without limitation any copyright, property, or privacy right; This defense and indemnification obligation will survive these Terms of Service and your use of the Catchsmart Service

You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions,obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the Catchsmart Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the Catchsmart Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Catchsmart is the developer of the Service.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Catchsmart without restriction.

International users

The Catchsmart Site and Service are intended for and directed to users in the United States. If you are a user accessing the Catchsmart Site and Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Catchsmart Site and Service, which are governed by Delaware law,the Privacy Policy, and our Terms of Service, you are transferring your personal information to the United Statesand you expressly consent to that transfer and consent to be governed by Delaware law for these purposes. n the Event of Merger, Sale, or Bankruptcy In the event that Catchsmart is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership,or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditor's rights generally, we may not be able to control how your personal information is treated, transferred,r used.

General

You agree that: (i) the Catchsmart Service shall be deemed solely based in Delaware ; (ii) the Catchsmart Service shall be deemed a passive server that does not give rise to personal jurisdiction over Catchsmart,either specific or general, in jurisdictions other than Delaware ; and (iii) that you agree to subject to the jurisdiction of the courts in New York City (applying Delaware law, without regard to its conflict of laws principles) in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and Catchsmart that arises in whole or in part from the Catchsmart Service shall be decided exclusively by a court of competent jurisdiction located in New York City.

These Terms of Service, together with the Privacy Policy and any other legal notices published by Catchsmart, shall constitute the entire agreement between you and Catchsmart concerning the Catchsmart Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction,the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Catchsmart's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Catchsmart reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility

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