The Catch Club - Fine Print

TERMS AND CONDITIONS OF USE FOR MEMBERS OF THE CATCH CLUB

This Terms and Conditions of Use Agreement (“Agreement”) is a legally binding agreement between you (“you” “your” “customer” “client” “subscriber” “member” “user” or “users”) and Whitener Consulting LLC (“us” “we” “our” “Owner” “Company”). This Agreement sets forth the terms and conditions for your use of the Catch Club (“Product” “Subscription” “Service” or “Membership”). This Agreement is between you and the Company only, and not with any other person or entity. The Company is solely responsible for the services, content and materials provided through the membership. You acknowledge and agree to be bound by the terms of this Agreement.

This Agreement shall become effective between you and the Company by clicking “Complete Order” “Purchase” “Sign-up” or any other phrase on the purchase button, entering your credit card information or other billing method if applicable (either in full or partial payment) and may only be terminated for the reasons set forth below.

Please read these terms and conditions carefully before purchasing and accessing the membership. We reserve the right to change, update or modify these terms and conditions by posting updates to the membership platform, website, or via email. It is your responsibility to periodically review the terms and conditions and check for updates. Your continued use of the membership constitutes acceptance of these terms, including any changes.

DISCLAIMERS

Your use of the membership and any third-party content, websites or material linked through the membership is at your own risk and is for educational purposes only. You acknowledge and agree that the Company is not responsible for your success or lack thereof for you individually or in your business. There is no guarantee that you will be available for every single community event or training as scheduling depends on the availability of the Company and other users.

Although there may be trainings provided by the Company or guest experts inside the membership, no professional-client relationship has been formed between us by your purchase or use of the membership, or between any guest expert and you by your use of the membership. Any trainings provided are for educational purposes only and it is your responsibility to do your own research, consult, and obtain a professional for any legal, financial, or other needs or issues that arise in your business.

Income statements (or statements about scaling a business) may be reported by the Company but it is an estimate of possible earnings and is not a guarantee that you will have the same results. You acknowledge and agree that the Company cannot guarantee your future results or success, financial or otherwise. Your success is based on your own actions and not on the membership. You acknowledge and agree that the Company is not liable for the success or lack thereof of your business.

The Company may at time share affiliate links with the members. If the member clicks on a link and purchases the item the Company receives an affiliate commission; however, we want to make it clear that we only recommend products or services that we believe will be beneficial to the members. If an affiliate link is posted, it will be disclosed to the members on the same page. The Company discloses this information in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”

2. LIMITATION OF LIABILITY

Nothing in this Agreement shall be construed as a promise or guarantee from using the membership. The Company makes no such promises or guarantees. By signing up for the membership, you acknowledge and agree to accept any and all risk associated with and arising out of your use of the membership, whether foreseeable or unforeseeable. You agree that the Company will not be liable for any damages resulting from any delay or denial in the use of the membership, any errors or system failures in the use of the membership, any other failure of performance of any kind, or any use or misuse of the membership and is at your own risk. In no event shall the Company be liable for any indirect, direct, special, punitive, exemplary, or consequential damages arising out of your use of the membership. If no exclusion or limitation of liability is allowed, our liability is limited to the fullest extent permitted by law, and in no event shall our cumulative liability to you exceed $100.00.

3. MEMBERSHIP ACCESS

This membership may be transmitted by the Company through a third-party platform. The Company reserves the right to substitute service at any time, provided that it is of a comparable nature and value and it is reasonable for the Company to do so as determined by the Company, including editing, modifying or changing any of the content or services. The Company is not liable for any limitation of access to the membership caused by a third-party platform or other technical difficulties.

Accessing this membership may require the creation of a username and password on a third-party platform, as well as providing additional personal information, including your name, address, email address, and other information. You agree to keep any information up to date, to noot share this information with third parties, to use the correct information, and to use it only for the purposes intended. If your account becomes compromised at any time, you agree to contact us immediately and change your password. If you are unable to access the membership at any time, please contact liz@theluckyshare.com.

4. MEMBERSHIP BENEFITS AND FEES

Benefits. Signing up for the membership gives you access to the following:
1. Listing of your business in the directory of professionals listed on our website for the purpose of connecting potential clients to your website, social media, and contact information; only one location is permitted per membership;
2. A community portal for communication with other members;
3. Opportunity to apply for blog features;
4. Targeted features and shares on the Catch Club’s social media from time to time based on content submissions by members on the designated post for this opportunity;
5. Membership portal and forum, which will contain resources to assist with business and marketing, and will grow as the membership grows; and
6. Member networking events and educational trainings.
Fees. In exchange for the above member benefits, the following will be provided by the member:
1. Fees. $300 paid once yearly or $35 paid once monthly for one year (12 months).
2. Website: Place the Catch Club’s “as seen in” image on the member’s website with a backlink. The image and link shall be provided by the Catch Club and shall remain on the members website for the first year of membership.
3. Renewal. To retain the benefits listed above after 1 year of membership, the member may choose to continue membership at the locked in rate at the time of membership activation, which will be billed annually on the sign up date, and auto-renew. To renew, the member must agree to the terms and conditions for the membership at the time of renewal.
4. Fee Increases. As long as a membership is continuously active, membership fees will not increase. Should a member

cancel their membership and rejoin, membership fees will increase to the current membership rate being offered. Any additional memberships purchased by a business will be at the current membership rate. Monthly payment schedules are only good for one year, 12 months, and will reset to current monthly pricing after the 12 months have ended.

5. MEMBERSHIP USER DUTIES AND RESPONSIBILITIES

By using this membership, you agree and acknowledge to:

Not infringe on any intellectual property of the other members. If the Company becomes aware of infringement or behavior that begins to mimic or copy that of other members, the Company reserves the right to terminate this agreement without notice.
Refrain from abusive or unprofessional conduct, behavior or comments towards the Company or any other user of the membership. The Company has a no tolerance policy for racism, bullying, abusive, harmful or hurtful comments or conduct and reserves the right to immediately terminate this agreement without notice.
Not upload, post, submit, or otherwise transmit any content that contains a virus, or any other computer software intended to damage or interfere with the membership portal, software or its content.
Not upload, post or otherwise submit any content in the membership portal, group or community that is unlawful, threatening, infringes on any privacy rights or intellectual property or other rights of any other person or entity, or violates any law, rule or regulation, violates any of the terms in this agreement, or that is false, misleading or deceptive.
Not spam or send any unsolicited messages, emails or other communications to any other user of the membership.
No self promotion or solicitation to members any materials, products, digital products, or courses that have not been vetted by the admin.
Follow the Membership Principles

6. INTELLECTUAL PROPERTY - LICENSE AND RESTRICTIONS

License to Members for Membership. Purchase of the membership grants to you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use the membership and its contents for the individual purposes intended. This does not grant you a license to sell, rent, copy, share or otherwise transmit or disseminate the membership, your login information, or any materials provided in connection with the membership, with anyone else for commercial or non-commercial use. Any content from the membership shall not be reproduced, republished, uploaded, posted, transmitted, used in any way other than the intended purposes, distributed or publicly displayed in any manner without written permission from the Company.
License to Members for Company Property. The Company grants to the member a limited license to use the intellectual property of the Company for the sole purpose of promoting the Catch Club in accordance with the above terms.
Violation. Any violation by you of the license provisions contained herein may result in immediate termination of your license to use the membership, and your access to use will be revoked. Violating this license may result in charges to you from the Company for the license you sold, shared or otherwise transmitted. We reserve the right, title and interest not expressly granted under this license to the fullest extent permitted under applicable laws.
Third Party. You acknowledge and agree that if there is any intellectual property in the Membership that is from a third-party, your use of the membership does not give you ownership rights or license to use such.
License to Company. By becoming a member, you agree, acknowledge, and authorize the Company to publish your name, business name, the state and/or region where you primarily conduct business, and your business contact information on the Company’s website in the member directory and use it in marketing materials.

7. CONFIDENTIALITY

Confidential Information of the Company. For purposes of this agreement, “Confidential information” shall mean proprietary information about the Company, including but not limited to information relating to the Company’s membership, business and operations, including but not limited to business plans, sources, strategies, trade secrets, procedures, marketing, sales, data, member information, all other non-public information, and know-how or other intellectual property that may be communicated to you in any manner. All confidential information disclosed to you shall remain the property of the Company without prior written consent. You agree not to disclose or use any confidential information in any manner other than what is permitted under this agreement for the use of the services, or as required by law. Confidential information does not include information that is already known to the public through no fault of yours or through no breach of confidentiality, received from a third party that had the right to disclose such information, or was already in your possession prior to the disclosure. You shall take reasonable steps to safeguard confidential information and to protect the accidental or unlawful disclosure of the Company’s information.
Confidential Information of Members. “Confidential information” shall also include information relating to other users of this membership, including any information relating or involving personal information, personal health information, financial, business, or other non-public information communicated in the membership in any manner. All confidential information disclosed within the membership by any participating member shall remain property of the disclosing member without prior written consent, and shall not be disclosed or used in any manner other than as permitted in the membership.
Violation. Unauthorized use or disclosure of confidential information by you in violation of this agreement is a breach of this agreement, which may result in irreparable harm to the Company and may be subject to legal action to (1) prevent any further breach of the agreement and (2) any other remedies available in law or equity.
Survival. The terms of this section of the agreement shall survive the termination of this agreement.

8. TERMINATION

If access to the membership is revoked by the Company due to a breach of one or more of the provisions contained in this agreement, including the promotion by the member, the Company may cancel your membership immediately by providing written notice to you. The Company does not need to provide notice of termination if this agreement is being terminated because of the member’s failure to comply with the provisions of section 5.

You have the right to terminate your membership at any time for any reason whatsoever upon written notice to the Company.

If you would like to cancel your membership, please login to your account in your membership portal, click on “My Subscriptions” and then click “Cancel My Subscription”. After cancellation, you will receive an email confirmation and will no longer be able to access your membership benefits.

9. NON DISPARAGEMENT

You agree to refrain from making any disparaging comments or statements about the Company or the membership that negatively affect the Company’s business, services, products, or reputation. Notwithstanding the foregoing, nothing in this agreement shall preclude you from making truthful statements that are either required by applicable law, regulation or legal process; or for the purpose of communicating a review of the Company’s goods and/or services.

10. ASSIGNMENT

This agreement is between you and the Company only, and not any other person or business entity. This agreement may not be assigned or transferred to any other person or entity without the express written consent of the Company.

11. ATTORNEY’S FEES

Any legal fees incurred due to the enforcement of this agreement by the Company, if prevailing, shall be entitled to recover its reasonable attorney’s fees and costs from you. This includes collection fees and costs incurred by the Company in collecting payment of any amount due under this agreement.

12. FORCE MAJEURE

The Company shall be liable for any failure or delay in performance of any obligation under this agreement, if the failure or delay in performance is due to any cause beyond our reasonable control, including, but not limited to electronic or communication failures, electrical outages, network failures, pandemics, floods, acts of God, or other similar or different occurrences beyond the reasonable control the Company. Force majeure events shall not include a party’s financial inability to perform its obligations under this agreement.

13. PROHIBITED USE

You acknowledge that the membership and any connected third party sites are to be used for the purposes intended above and not for any unlawful purpose or any purpose prohibited by the terms of this Agreement. The Company reserves the right to terminate your access to the membership without notice if your use has not been in accordance with the terms of this Agreement. This includes transmission of any viruses, worms or other destructive codes. The membership is intended solely for users who are eighteen years of age or older. Your purchase and use of this membership is your representation that you are at least eighteen years of age.

14. INDEMNIFICATION

You acknowledge and agree to indemnify and hold the Company harmless, including costs and attorneys’ fees, from any damages, losses, liabilities, costs, claim or demand made against you due to or arising out of your use of the membership or your violation of this Agreement; any infringement of third party rights by you arising out of your use of the membership, such as any intellectual property or other rights of any person or entity arising out of or related to any memberships or services purchased by you in connection with the membership or offered by a third party through the membership. This indemnification term shall survive the termination of your membership.

15. NO WARRANTY

The membership is provided “as is” and without any warranty of any kind, express or implied. The Company does not warrant or represent that the membership to always be complete, free from errors or omissions, accurate, or up-to-date at all times.

16. SEVERABILITY

If any provision of this Agreement is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in full force and effect.

17. NOTICE

Any notice, demand or other communication given in accordance with the terms of this agreement by the member shall be delivered in writing via email to: liz@theluckyshare.com. Any notice, demand or other communication under this agreement by the Company shall be deemed delivered when sent via email to the email address provided at the time of signing up for the membership, or an updated email if provided by the member.

18. WAIVER

You acknowledge and agree that the failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of the Company’s rights under this Agreement to subsequently enforce any provision of this Agreement.

19. GOVERNING LAW

This Agreement is governed by the laws of Connecticut. By purchasing or signing up for our memberships/services, you agree that any and all disputes arising out of or in connection with this Agreement shall be brought exclusively in Connecticut, to the exclusion of all other courts of any jurisdiction in any other state or country. You agree to waive any objections as to personal jurisdiction or venue and as to any claimed inconvenience of the chosen forum.

20. HEADINGS

The headings used in this agreement are for convenience and reference purposes only and shall not affect the construction or interpretation of this agreement.

21. ENTIRE AGREEMENT

You acknowledge and agree that this Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.