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Terms of Use
Privacy Policy
Business Continuity Plan Disclosure Statement
Indemnity Agreement

Terms of Use

These Terms of Use (also this "Agreement") govern a user's use of the Catona Climate website and platform (“Platform”). All users who access our Platform become users pursuant to Catona Climate’s Privacy Policy and these Terms of Use and thereby signify their acceptance of said policies and terms. The words “You”, “Your”, “Customer” or “User” refers to any user of Catona Climate’s website, mobile application, products or Services. “We”, “Our” and “Us” refers to Catona Climate and any of its subsidiaries.

  1. The use of Catona Climate’s services, products, and Platform is governed by the laws of the United States of America and the applicable laws of the State of California without regard to conflict of law principles and any legal action will be brought in the courts located in Los Angeles, California. However, in every case and to the full extent possible under applicable law, Catona Climate and its users elect to resolve disputes and claims through arbitration or in the courts rather than before a jury.
  2. Catona Climate is not responsible for the privacy, security, or information policies of third party links from or on the Catona Climate site. Clicking on said links may take the user to other sites or display information from third parties. Catona Climate is not responsible for the content, privacy policies, terms of use, or any other factor of such third parties. The Company assumes neither liability nor responsibility for their actions, information, or communication. Such products, services, or content are provided without endorsement or warranty of any kind. User accepts sole responsibility for accessing such links.
  3. Catona Climate reserves the right to choose who it will do business with and provide products and services to without limitation. Catona Climate may choose, without prior notice or explanation, to refrain from doing business with or limit access to its products and services. Users may not assign this or any other agreement or account without prior written consent from Catona Climate and such unauthorized attempt to assign will be null and void.
  4. All information provided to Catona Climate must be true, accurate, current, and complete to the best of the user’s and customer’s ability and knowledge. It is the customer’s responsibility to maintain up to date physical and electronic contact information to ensure that information conveyed to Catona Climate is current, accurate, completed, and updated in a timely manner. In providing us your electronic contact information, you agree to receive all required notices electronically, to that email address. In turn, we will provide you with online security as described in our Privacy Policy. Those assurances are conditioned upon you providing us with the correct contact information and never misrepresenting to us your identity. Catona Climate reserves the right, at any time and without notice and explanation, to suspend or terminate a customer’s use of the Platform when information is provided to Catona Climate that is untrue, inaccurate, not current or incomplete or Catona Climate has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.
  5. Catona Climate has no obligation to monitor or ability to control the information users publicly place on our Platform. We do not endorse any opinion, recommendation, and information that expressed in this fashion. By accessing the Platform, users waive any rights or remedies against Catona Climate in relation to such data.
  6. Any attempt to tamper with the Platform and/or disable or circumvent its security features; modify, adapt, translate, decompile or reverse engineer any portion of the Platform; use any robot, spider, scraper, deep link, site search/retrieval application or other automated device, extraction tools, programs or algorithms, process or means to access, retrieve or index any portion of the Platform; add or use ActiveX, Java, Javascript, cookies, web beacons or other tracking technologies on the Platform; post or transmit any file which contains viruses, worms, defects, Trojan horses or other items of a destructive or contaminating nature; conduct unauthorized access to Catona Climate or Catona Climate user data; manipulate the Catona Climate offerings; upload or transmit false information or information that infringes on intellectual property rights; remove any copyright, trademark or other proprietary rights notices contained in or on the Platform; upload or transmit unsolicited or unauthorized advertising or solicitation or harmful, deceptive, harassing, defamatory, abusive, threatening, obscene, libelous, unlawful content as determined in Catona Climate’s sole discretion; make false statements; create user accounts by automated means or under false or fraudulent pretenses; collect personal data on Catona Climate users; or violate any Terms of Use or other provisions is subject to prosecution and/or legal remedies and other actions Catona Climate may in its sole discretion elect to take. Catona Climate will comply with government, law enforcement, or regulatory requests to the full extent of the law.
  7. Catona Climate conducts much of its business online. Users and customers consent to transact any and all business that Catona Climate so chooses online and electronically including but not limited to receiving electronic and email notices and disclosures; and any other information Catona Climate in its sole discretion so chooses to convey. Such consent remains in place for the duration of any and all interaction and relationship with Catona Climate. Users and customers also consent to receive calls, messages, and/or text messages from Catona Climate or its affiliates or any other agents calling on our behalf on any phone number that is provided or may be provided at any point. Any costs associated with such calls or messages are the sole responsibility of the user. Access and Interference.
  8. All telephone, electronic, or other communication between Catona Climate and its users and customers is subject to monitoring, recording, review, and archiving. The careful dissemination of customer data is the customer’s responsibility – passwords and confidential data should be not shared by email. Any unauthorized access to the Catona Climate Platform or to personal information must be immediately reported.
  9. Users and customers by their use of the Catona Climate platform validate that they will not use Catona Climate as part of any scheme to violate federal, state, or other laws and regulations including those around financial transactions.
  10. Catona Climate retains full, irrevocable, royalty-free, worldwide, sub-licensable, and perpetual intellectual property rights around any user-generated content uploaded, shared, transmitted, or otherwise disseminated on the Catona Climate site or through other communications channels. Catona Climate can store, use, reproduce, modify, and adapt such content and will retain full rights to any derivative works or compilations of such content. Users warrant by their actions that they have the necessary rights to grant such licenses to Catona Climate. Catona Climate can further delete such content at any time and for any reason.
  11. Catona Climate is the owner and/or authorized user of all text, images, data representations, animation, music, sounds, and any and all other materials on the Platform. Users may not copy, reproduced, republish, disseminate, exploit, distribute, or otherwise incorporate any material found on the Catona Climate Platform or in the Company’s communications. Said materials are protected by U.S. and international copyright and treaty provisions without limitation as copyrights, trademarks, service marks, logos, and other intellectual property.
  12. No access to the Platform is authorized or permitted by persons under 18 years of age. We do not knowingly solicit information from any child under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without his or her consent, he or she should contact us at CarbonSupport@catona.com. Should a child whom we know to be under 18 send personal information to us, we will delete it as soon as possible.

    By accessing the Platform, users confirm that they are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. Catona Climate reserves the right to further assess the suitability of the Platform and its products and services at its own discretion.

  13. We reserve the right to terminate our Agreement with you (by providing an email notice of such termination): (i) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (ii) if we believe we are required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful); (iii) if we no longer offer any of the services you utilize; (iv) if you no longer agree to the terms and conditions of this Agreement; or (v) for any other reason or no reason, in our sole and absolute discretion. The termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
  14. You consent to the recording of any electronic or written correspondence and any or all telephone conversations between you and us in connection with these Terms of Use or the services and agree and understand that recordings may be submitted in evidence in any legal proceeding relating to your client agreement or these Terms of Use.
  15. Catona Climate has developed a business continuity plan that is intended to permit us to continue critical business operations during natural disasters, power outages or other significant events. While there can be no assurance that service will continue without interruption in all circumstances, the plan does address the actions that Catona Climate will take in the event that there is a significant disruption.

    Catona Climate’s office is in Marina del Rey, California, however all customer information and records are retained in secured storage in a cloud based platform which is located in a geographically separate area from our offices. We intend for account access to be available through these records should our offices suffer a disruption. Under normal conditions, you can contact us by telephone or email at our offices. If, after a significant disruption, you cannot contact us by any of these standard methods, please check our Platform at www.catona.com to find alternate or temporary contact information and updated information on what we are doing to quickly recover and resume business.Our plan also provides for immediate contact of our third party service providers deemed critical to ongoing operations, and therefore the service providers will be apprised on our current situation and immediate continuity plans. If you are unable to contact us by any of the above means, you should contact the appropriate service provider regarding your investments with us. Finally, our business continuity plan will be reviewed, updated and tested periodically.

  16. Like most online platforms, ours requires cookies to function properly. Cookies are small text files that reside on a user's computer and identify you as a unique user. We use cookies to refine our services and simplify the user experience, and it allows us to personalize your experience on the Platform. For these reasons we tie personally identifiable information such as your email address to our cookies. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies might be necessary to provide you certain features available on the Platform.
  17. Catona Climate does not provide, offer or render legal advice.
  18. Catona Climate, its employees, officers, directors, representatives, agents, and any party involved in the creation, management, monitoring, and dissemination of products, services, or information on the Platform cannot be held liable in any way for damages arising out of the use of the Platform included but not limited to viruses, unauthorized access, errors, service interruption or delay, loss or damages from nonperformance by Catona Climate or its products or services, inaccurate content, typographic or data errors, or theft. Content, information, products, and services are provided as is without warranties of any kind from Catona Climate. Catona Climate expressly disclaims all warranties of any kind either express or implied or statutory including but not limited to the availability, performance, security, reliability, accuracy, quality, usefulness, or completeness of information, content, products, and services provided on or through the Catona Climate platform or in any other oral or written form. All products, services, information, and content are provided without express or implied warranty.
  19. All information, content, and data on the Users agree to indemnify and defend Catona Climate, its employees, officers, directors, agents, and affiliated and to hold them harmless and release them from any and all claims, expenses, losses, damages, and liabilities including without limitation attorney fees arising out of or connected to use or access of Catona Climate’s Platform, products, or services.
  20. If any provision of these Terms of Use is held to be invalid or not enforceable the remaining provisions will continue to be in full force and effect. Catona Climate’s failure to enforce a right or provision for any period will not be deemed to signify a waiver of such right or provision.
  21. Section numbers in this Terms of Use are for convenience of reference only, and shall not govern the interpretation of any provision of this Terms of Use. The Platform content, including but not limited to these Terms of Use are subject to change without notice.
  22. These Terms of Use, including the separate Privacy Policy and any other documents referred to herein, represents the entire understanding between both you and us regarding the Services and the subject matter hereof and supersedes any prior statements or representations. In the event of a conflict between the terms of these Terms of Use and the terms of an exhibit, amendment, schedule, addendum or disclosure, the terms of the exhibit, amendment, schedule, addendum or disclosure shall prevail but, solely as to the subject matter herein.
  23. If you have questions regarding these Terms of Use or to report any violations of these Terms of Service, please contact us at CarbonSupport@catona.com

Privacy Policy

January 2024

Catona Climate is a Company Built on Trust

This Privacy Policy (“Policy”) describes how CTN Holdings, Inc. d/b/a "Catona Climate", collects, uses, shares, protects, and deletes your personal information. By visiting or using our website, mobile application, products and services, articles and stories, including contacting our support, leaving feedback, interacting with our social media, and receiving our communications (collectively, “Service” or “Services”), you consent to our data practices as described in this Policy and our Terms of Use. The words “You”, “Your”, and "Customer" refers to any user of Catona Climate’s website, mobile application, products or Services. “We”, “Us” and "Our" refers to Catona Climate and any of its subsidaries.

Please read this Policy carefully to understand what we do. This Policy also incorporates notices and disclosures as required under the California Consumer Privacy Act ("CCPA"). The CCPA addresses changes in technology, data practices, and privacy concerns by establishing rules and procedures to help empower consumers to control how businesses collect, use, and share personal information. The CCPA grants California consumers robust data privacy rights and controls over their personal information, including notice of this Policy and Catona Climate’s data practices, the right to delete, the right to opt-in and opt-out of data selling practices, as well as additional protections for minors.

If you have any questions or if you believe that Catona Climate has not upheld our obligations to you under this Policy, please contact us directly at CarbonSupport@catona.com.

Data Collection

Catona Climate collects your personal information in the following ways: (1) when you voluntarily provide it by using or visiting our Services; and, (2) with automated technologies connected to those Services, and (3) through third parties.

The CCPA broadly defines “Personal Information” as any information that directly or indirectly identifies, describes, relates to, is reasonably capable of being associated with, or, can reasonably link a particular consumer or household.

Over the past twelve (12) months, Catona Climate’s direct and indirect collection of Personal Information has fallen into the following categories, although we may not gather, use, or share every specific piece of Personal Information from every visitor to our website:

  • Identifiers: Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, or other similar identifiers;
  • Commercial Information: Records of personal property, products or services purchased, obtained, transacted, or considered, or other purchasing or consuming histories or tendencies;
  • Customer Contact Information: Records of chats conversations, call logs, request queries, and email communications;
  • Internet and Network Activity Information: Browsing history, search history, cookies, and information regarding a consumer’s interaction with an Internet website, application, or advertisement;
  • Geolocation and Household data;
  • Inferences and meta-data drawn from providing Services to you, reflecting your preferences, characteristics, and trends.

Information Catona Climate collects from Third Parties about you:

Cookies and Automated Technologies

Catona Climate may also indirectly gather non-personally identifiable information about your use of our Services via cookies, automated means, and similar technologies (collectively "Cookies”). Cookies help facilitate browsing, maintain quality of service, provide additional security, and enhance your access and experience. Catona Climate’s use of Cookies are as follows:

to recognize you as a user;
to verify your identity;
to tailor your experience;
to better your experience;
to market our Services;
to monitor our Services;
to improve our Services;
to analyze patterns;
to conduct internal research; and,
for other legitimate business needs.

If your browser is set to reject Cookies, you may continue to use our Services, but some aspects of the Service may not function as intended and other Services may be limited. Other third-party data sharing services will be described below.

If we combine any non-personally identifiable information with Personal Information, we will treat the combined information as Personal Information.

Data Use

We use your Personal Information to provide you with our Services, to communicate about additional Services, to improve our Services, to protect our Services and business interests, to comply with the laws and regulations, to conduct legitimate business purposes, to fulfill your requests, and for any other purpose to which you consent under our Terms of Use, or as described in this Policy.

As part of our relationship, Catona Climate may from time to time produce, compile, or aggregate some of your Personal Information in certain data analysis, reports, or other interpretations or inferences of user trends and patterns for both internal and external purposes. When including, compiling, or aggregating Personal Information for such purposes, we make sure that the information is anonymized such that it is not identifiable to any particular customer.

Sharing Information

We will only share Personal Information with third parties as described in this Policy, for any purpose to which you consent or direct, or as required by law. In order for you to receive our Services.

Affiliate providers may include, but are not limited to, fund accountants and accounting firms, security custodians, asset transfer agents, business associates, subcontractors, commercial and transactional processors, merchants, and client selected charities.

In the preceding twelve months, Catona Climate has not sold to a third party for monetary or other valuable consideration any Personal or Sensitive Personal Information.

The CCPA restricts Affiliates from reselling your Personal Information unless you’ve been provided notice and an opportunity to opt-out.

We may also share your Personal Information with relevant third parties in the event of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, stock, or assets (including in connection with any bankruptcy or similar proceedings).

Our Affiliates assist us in conducting site analytics for our Services. For example, we use Google Analytics to perform such services for our website for the purposes discussed herein. You can opt out of the use of Cookies in web browsers by Google Analytics by clicking here.

We will also share Personal Information with Affiliates in order to respond to legitimate and legal requests from governmental authorities or in connection with other legal proceedings. We will also share Personal Information with Affiliates in other ways necessary to comply with applicable law, as well as to investigate, prevent, or take action regarding illegal activities, suspected fraud, violation of our rights or the rights of others, situations involving potential threats to the physical safety of any person (or any other similar situation), or violations of this Policy and our Terms of Use.


While you are using or visiting our Services, we may use and share information collected to target-market interests within or outside the scope of our Services in order to better tailor your experience. This may include Affiliates in order to facilitate our relationships and advertise our Services.

When engaging in targeting marketing, Catona Climate follows standard principles for online advertising as provided by the Digital Advertising Alliance (“DAA”). If you do not wish to receive such targeted advertising, please visit the Network Advertising Initiative Consumer Opt-Out Page at networkadvertising.org/choices, the DAA Consumer Choice page at aboutads.info/consumers, or visit the websites of our advertising affiliates to opt-out. To opt out in mobile apps, please download the DAA's AppChoices tool at aboutads.info/appchoices. (This will not prevent you from seeing ads; the ads simply will not be delivered through these targeting methods.)

Our Services do not necessarily respond to “do not track” applications.

Catona Climate advertises our Services with entities not affiliated with us, and we contract with Affiliate advertising companies to display these ads. Our Affiliates may use Cookies to collect, use, and share your information in order to enhance your experience with Affiliate services.

Data Security

Security is at the heart of everything we do. Catona Climate works to provide a secure online environment, protect your personal information and empower you to safeguard your account. We have diligently implemented reasonable systems to protect your data and our assets. We store and maintain data with physical, administrative, and electronic safeguards that comply with federal and state laws and regulations.

  • Access Controls: We limit access to user data to the extent possible to those necessary employees in order to provide you with our Services. Our buildings are secure, our employees trained, and our servers encrypted.

  • Technical Safeguards: We authenticate access through passwords, multi-factor authentication, security measures, and IT controls. Our Affiliates are held accountable for adhering to strict policies and procedures to prevent any misuse or loss of your Personal Information. Our network infrastructure enforces security at each level with strict routing, firewalls and controlled access. We use industry-standard encryption to ensure your personal information is protected when it is sent to and from our website or app, and when it's stored.

  • Ongoing Commitment: Catona Climate’s workforce is required to attend annual training on cybersecurity risks and privacy best practices. When we periodically audit our systems and Affiliate systems, we may share your Personal Information with Affiliates in order to better secure our Services and business assets.

We use our reasonable best efforts to protect Personal Information, however no method of transmission or method of data storage is 100% secure. Despite our reasonable best efforts, we cannot assure that Personal Information that we collect will never be disclosed in a manner inconsistent with this Policy. If you see any unrecognized or fraudulent activity in your account, please contact Catona Climate Security immediately at CarbonSupport@catona.com.

Your use of Catona Climate’s Services acknowledges that Catona Climate is not liable or responsible for any unauthorized access to Personal Information, and you hereby release Catona Climate from any and all claims arising out of or related to an unauthorized or inadvertent breach of data or violation of this Policy and our Terms of Use.

Data Lifecycle

Catona Climate maintains Personal Information to provide you with our Services and for legitimate business needs.

Catona Climate may delete Personal Information after its legitimate business need has passed, in accordance with law or regulation, or by your request (if your request to delete information conflicts with a legal or regulatory requirement to retain information, you may be notified).

Incidents and Breaches

Cyberattacks, hacks, breaches, and incidental losses of Personal Information, business assets, and computer systems are increasingly common. These attacks can be extremely damaging, particularly if Personal Information or business records have been compromised. Incidents cost companies and consumers time and money.

In the event of a Breach, Catona Climate has implemented an incident response plan as required by law and regulation to document process, mitigate damage, and to notify consumers of remedial resources. Catona Climate has implemented California Code requirements for data breach notifications.

Data Rights

The CCPA grants consumers enhanced data rights regarding their Personal Information. Catona Climate has implemented CCPA requirements across our business and have extended protections to all of our US-based customers.

  • Right to Know: You have the right to be notified of this Policy and our Terms of Use. This entails notice of Catona Climate’s data collection, use, disclosure, protection, and retention practices.
  • Right to Access: You have the right to access collected, used, shared, and/or sold Personal Information over the past twelve (12) month period. This includes certain data portability rights.
  • Right to Opt-Out: You have the right to opt-out of and/or opt-in to Catona Climate’s future data selling practices, but only to the extent that can be done while still providing you with our Services. Under the CCPA, Catona Climate has implemented reasonable restrictions on Affiliates’ data sharing and selling practices.

    • Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to Personal Information sales at any time by contacting us.
  • Right to Delete: You have the right to request that Catona Climate delete any Personal Information that we have collected and retained, subject to certain exceptions, including information needed:

    • to provide you Services;
    • to detect data breaches;
    • to protect our Services and business assets; and,
    • to comply with applicable federal and state laws, court orders, legal obligations, and regulatory requirements, including the CCPA.
  • Right to Fair and Equal Treatment: You have the right to have your Personal Information be fairly and equally treated. Catona Climate cannot discriminate against consumers on the basis or inference of any protected class or against consumers who have exercised their rights under this Policy.

However, as allowed under the CCPA, Catona Climate may condition financial incentive offers (promotions, referrals, bonuses, etc.) on whether you have opted-in to our data practices as described in this Policy and our Terms of Use. When Catona Climate promotes financial incentives, you will be notified, given an opportunity to opt-in, and will be allowed to revoke participation at any time.

Data Requests

If you have questions about any of your data rights or Catona Climate’s obligations, including accessing your Personal Information, opting-out of certain practices, and/or requesting Personal Information be deleted, please send us an email at CarbonSupport@catona.com. Catona Climate endeavors to respond to requests within forty-five (45) days of receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Children’s Rights

Catona Climate’s Services are not directed toward anyone under the age of 18. We will endeavor to delete personally identifiable information provided by minor children without their parent’s or guardian’s consent upon notification by said parent or guardian in a time and manner that is commercially reasonable. Any such notification should be sent to CarbonSupport@catona.com.

Catona Climate will not change our data collection, use, or sharing policies and practices for materially different, unrelated, or incompatible purposes without first providing notice.

Business Continuity Plan Disclosure Statement

Catona Climate (“Firm”) has developed a Business Continuity Plan concerning how we would respond to events that significantly disrupt our business. Since the timing and impact of disasters and disruptions is unpredictable, we will have to be flexible in responding to actual events as they occur. With that in mind, we are providing you with this information on our Business Continuity Plan.

Contacting us: If, after a significant business disruption, you cannot contact Catona Climate, as you usually do at our office number of +1 (805) 409-7964 you may contact us via our website at http://www.catona.com or by emailing CarbonSupport@catona.com. If you cannot access us through either one of those means, we will personally contact all of our business constituents via telephone to answer any questions you may have.

Our Business Continuity Plan: We plan to quickly recover and resume business operations after a significant business disruption and respond by safeguarding our employees and property, making a financial and operational assessment and protecting the Firm’s books and records. In short, our Business Continuity Plan is designed to permit our Firm to resume operations as quickly as possible, given the scope and severity of the significant business disruptions.

Our Business Continuity Plan addresses: data back-up and recovery; all mission critical systems; financial and operational assessments; alternative communications with customers, employees, and regulators; alternate physical location of employees; bank impact; and regulatory reporting if we are unable to continue our business.

Varying Disruptions: Significant business disruptions can vary in their scope, such as impacting only our Firm, a single building housing of our Firm, the business district where our Firm is located, the city where we are located and the whole region. In any situation, we plan to continue in business and notify you via telephone, fax or email of how to contact us.

For more information: If you have questions about our business continuity planning or wish to review our complete Business Continuity Plan, please contact our office and we will respond as soon as possible.

Indemnity Agreement

Effective September 2021

You agree to defend, indemnify, and hold harmless Catona Climate and its agents, managers, affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, contractors, employees, agents, service providers and partners (“Indemnified Parties”), from and against any demands, losses, cost or debt, liabilities, claims or expenses (including reasonable attorneys’ fees) made against Catona Climate by any third party due to or arising out of or in connection with (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Generated Material or any that is submitted via your account; (vi) any other party’s access and use of the Website with your unique username, password, or other appropriate security code; and (vii) your use, access, transaction, or any other interaction with the Conscience Coalition and Impact entities.

Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, the Privacy Policy and/or any use by you of the Website.

California Residents: you expressly waive CA Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."