SMS Terms of Use

CATALYZE TEXT MESSAGING TERMS OF USE

By “Opting In” to or using a “Text Message Service” (as defined below) from Catalyze Holdings, LLC (“Catalyze”), you accept these Terms & Conditions. THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.

This agreement is between you and Catalyze or one of our affiliates. All references to Catalyze,” “we,” “our,” or “us” refer to Catalyze Holdings, LLC, 800 Gessner Road, Suite 700, Houston, TX 77204.

DEFINITIONS

“Opting In,” “Opt In,” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, responding to, or otherwise consenting to receive one or more text messages.

“Text Message Service” includes any arrangement or situation in which we send one or more messages addressed to your mobile phone number, including text messages (such as SMS, MMS, or successor protocols or technologies).

CATALYZE SMS OPT-IN METHODS

This section outlines the various methods for consenting to receiving SMS communications from Catalyze. By opting in to receive messages, you agree to the terms described below.

Text Message Keyword Opt-In: You may opt in to receive SMS messages from Catalyze by texting a designated keyword to a number owned by Catalyze. Messages may originate from any number assigned to a Catalyze employee. By replying the keyword, START, you consent to receive informational and service-related messages. Message and data rates may apply. Message frequency may vary. Reply STOP to unsubscribe or HELP for assistance. Phone numbers will not be shared with third parties. See our Privacy Policy at https://catalyze.com/privacy-policy/ for more information.

Verbal Consent Opt-In: Catalyze may collect verbal consent to send SMS messages during phone calls or in-person interactions. By providing your phone number and verbally agreeing, you consent to receive messages from Catalyze. Messages may originate from any number assigned to a Catalyze employee. Message and data rates may apply. Message frequency may vary. Reply STOP to unsubscribe or HELP for assistance. Phone numbers will not be shared with third parties. See our Privacy Policy at https://catalyze.com/privacy-policy/ for more information.

Web Sign-Up (Optional): In some cases, such as surveys or newsletter sign-ups, you may opt in to receive SMS messages by submitting a web form. By providing your phone number and submitting the form, you consent to receive messages from Catalyze. Messages may originate from any number assigned to a Catalyze employee. Message and data rates may apply. Message frequency may vary. Reply STOP to unsubscribe or HELP for assistance. Phone numbers will not be shared with third parties. See our Privacy Policy at https://catalyze.com/privacy-policy/ for more information.

CONSENTING TO TEXT MESSAGING

By consenting to receive text messages from us, you agree to these Text Messaging Terms of Use, as well as our Terms and Conditions for Catalyze website and Privacy Policy for Catalyze website (“Privacy Policy”), incorporated herein by reference.

E-SIGN DISCLOSURE

By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by replying STOP.

CATALYZE TEXT MESSAGE SERVICE PRIVACY POLICY

We respect your privacy. We only use information you provide through this service to transmit your mobile messages and respond to you. This includes, but isn’t limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. Nonetheless, we reserve the right always to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. This Text Message Service Privacy Policy applies to your use of the Text Message Service and isn’t intended to modify our general “Privacy Policy”, incorporated by reference above, which may govern the relationship between you and us in other contexts.

COSTS OF TEXT MESSAGES

We do not charge you for the messages you send and receive via this text message service. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.

FREQUENCY OF TEXT MESSAGES

This Text Messaging Service is for conversational person-to-person communication between you and our employees. We may send you an initial message providing details about the service. After that, the number of text messages you receive will vary depending on how you use our services and whether you take steps to generate more text messages from us (such as by sending a HELP request).

OPTING OUT OF TEXT MESSAGES

If you no longer want to receive text messages, you may reply to any text message with STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE. As a person-to-person communication service, opt-out requests apply only to the specific phone number from which you received the message. If you are communicating with multiple Catalyze employees via different phone numbers, you will need to send a separate opt-out request for each conversation. After unsubscribing, we may send you confirmation of your opt-out via text message.

LIMITATION OF LIABILITY

To the fullest extent permissible pursuant to applicable law, Catalyze is not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.

CHOICE OF LAW

Except as otherwise provided herein, your use of this service under this Agreement is governed by the laws of the State of Texas.

For support: 888.918.0771 or info@catalyze.com

BINDING ARBITRATION AND CLASS ACTION WAIVER

These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in the United States. These provisions may also apply to you if you are domiciled in and use the Catalyze Text Messaging Service from outside the United States. See CHOICE OF LAW above and LOCATION below for details.

Initial Dispute Resolution: Catalyze is available to address any concerns you may have regarding this Agreement at the Contact Us locations listed above. Most concerns are quickly resolved in a satisfactory manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution is pursued pursuant to the paragraph above, then either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the parties’ relationship with each other and/or your use of the Catalyze Text Messaging Service shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the interpretation, applicability, enforceability and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules, but shall not incorporate the JAMS Class Action Procedures, and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Catalyze will pay the additional cost. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Location: If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in Harris County, TX, and you and Catalyze agree to submit to the personal jurisdiction of any federal or state court in Harris County, TX, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver: The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND CATALYZE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception – Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for Catalyze Text Messaging Service under these Terms of Use. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the “Binding Arbitration”, “Location”, and “Class Action Waiver” paragraphs above by sending written notice of your decision to opt-out to the following address: Catalyze Holdings, LLC, 800 Gessner Road, Suite 700, Houston, TX 77204, Attn: Legal. The notice must be sent within 30 days of the date on which you first access or use the Catalyze Text Messaging Service and agree to these terms); otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Catalyze also will not be bound by them.