Terms of Service

I. Introduction

The following terms and conditions govern your use of Second Catch (“Second Catch,” “We,” “Our,” or “Us”) services, websites, app, software, and servers (collectively, the “Platform”). These Terms of Use (“Terms” or “Terms of Use”) are meant to explain Second Catch and your mutual rights and obligations regarding the Platform. Please read these Terms carefully and keep a copy for future reference. If you do not agree to any of the terms and conditions herein, then you may not access our Platform. These Terms are effective as of the date you first click “I Agree” (or similar button or checkbox) or use or access our Platform, whichever is earlier (the “Effective Date”).

By accessing, browsing, viewing or otherwise using the Platform, you are entering into an agreement, and these Terms along with any order, amendments, statements of work, or similar supplemental document are collectively, the “Agreement.” You will be legally bound by these Terms, the privacy policy (“Privacy Policy”), and any other available policy governing our Platform.

If you do not agree with the Terms, the Privacy Policy, any legal notice, or any policy, please refrain from using the Platform. Second Catch reserves the right to update these Terms at any time without notice to you. The most current version can be reviewed on the Platform, and your continued use after posted changes confirms your acceptance of such changes.

If you are accessing and using the Platform on behalf of a company, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. Any new features or tools added to our Platform shall also be subject to the Terms.

Your continued use of or access to our Platform following the posting of any changes constitutes acceptance of such changes. If you have any questions about this information, please contact us via email at support@secondcatch.com.

II. Eligibility

You represent and warrant that you have the authority, right, and capacity to enter into these Terms and understand them in their entirety. If you are under 13 years of age, you must have a parent or legal guardian authorize your account and associate it with their account. If you are authorizing an account on behalf of an individual under 13 years of age, then you represent and warrant that you are the parent or legal guardian of the child. If you are between 13 and 18 years of age, you can use the Platform without the authorization of a parent or legal guardian. We do not knowingly collect personal information from children under 13 years of age.

Not all features of the Platform mentioned are available to all individuals or in all geographic locations. Further, the Platform might contain inaccuracies or non-verified information depending on the jurisdiction. We reserve the right to restrict any portion of the Platform to certain people or geographic areas. If any portion of the Platform is prohibited in your jurisdiction, then such access is void in such jurisdiction.

III. Accounts & Security

Account Creation

To access and use certain features of Second Catch, you must create an account. By creating an account, you agree to the following Terms regarding account creation, management, and security. To create an account, you must provide accurate, complete, and current information as requested during the registration process. This includes but is not limited to your name, email address, phone number, and a secure password. You agree to keep your account information up to date and accurate at all times.

You are responsible for all activities conducted under your account, including any content you upload or actions you take while using the platform.

Account Suspension & Deletion

Second Catch reserves the right to suspend or terminate your account at any time, without notice, for reasons including, but not limited to, a violation of these Terms, failure to provide accurate information, fraudulent activity, or behavior that disrupts the integrity of the platform. Upon termination, your access will be revoked and any pending transactions may be canceled.

Additional Notices Regarding Accounts & Security

Certain portions of the Platform require setting up an account, and you may use another authentication method if available. You agree to maintain the confidentiality of your account information and are solely responsible for all activity that occurs within your account. You shall notify Second Catch in writing at support@secondcatch.com if there is any unauthorized use of your account, or any other breach of security.

You agree not to use another’s account without that person’s written permission. You further agree not to sell, trade, or otherwise transfer your account or any associated rights to another individual or entity.

You agree that any User Content added to your Profile is owned or licensed by you and does not infringe the intellectual property rights of another, is not pornographic, offensive, harassing, violent, or otherwise inappropriate. We reserve the right to remove or delete any User Content, in Our sole discretion, that violates any of these Terms.

The data you add into your Profile will be what We use to communicate with you. We send notices to the email addresses, phone numbers, or other contact information you provide to Us. You can adjust communication preferences in your settings.

Second Catch is not required to permanently store any information, and you are encouraged to make a backup of any data or information input into the Platform.

IV. Product Listings & Sales

By using the Second Catch Platform, you agree to the below terms regarding product listings and sales.

Listing of Products

Users are permitted to list used fishing and outdoor gear for sale on Second Catch, provided the product adheres to the guidelines set forth in this Agreement. All listings must accurately describe the item, including its condition, any defects or damages, and any other relevant details that a potential buyer would need to know. Listings must include clear, high-quality images of the item being sold, which must be the actual item for sale and not a stock photo unless the item is brand new and unopened.

Prohibited Products

You are prohibited from listing any items that violate applicable laws, infringe on intellectual property rights, or are deemed hazardous or unsafe for use. This includes, but is not limited to counterfeit goods or unauthorized replicas, items that are illegal in the jurisdiction(s) where the sale is being made, stolen or misappropriated items, items that pose a health or safety risk to others, such as used fishing gear that does not meet safety standards, and any items that promote hate speech, discrimination, or violence.

While we do not monitor every piece of User Content, we reserve the right to remove or modify any content at our discretion, including content that violates the terms of this Agreement, is deemed offensive, or negatively impacts the user experience.

Seller Verification & Product Authenticity

We may require sellers to undergo a verification process. This may include submitting a valid government-issued ID or proof of ownership for certain high-value or specialty items. Sellers are responsible for ensuring that the items they list are authentic, accurately represented, and described honestly.

Pricing & Offers

Sellers can set their own prices for listed items. However, all prices must be clearly stated and accurate. Buyers are encouraged to communicate with sellers if they have questions about pricing, condition, or details of an item. Sellers may also offer discounts, promotions, or bundle deals at their discretion, but these offers must be transparent and consistent with applicable laws, including truth-in-advertising regulations.

Transactions Between Buyers and Sellers

Second Catch operates as a peer-to-peer marketplace that connects independent buyers and sellers. Second Catch does not own, inspect, store, or handle listed items and does not guarantee item condition, performance, or safety. To view the full list of terms governing transactions between buyers & sellers, please visit: https://secondcatch.com/docs/returns-disputes

Payment Processing

All payments for transactions made through Second Catch are processed via Stripe, LLC. Stripe is a third-party payment processor. Both buyers and sellers are required to comply with the Stripe, LLC terms of service. Sellers are responsible for ensuring that their payment details are accurate and up-to-date. Payments will be transferred to the seller’s account once the transaction is completed and confirmed, subject to any applicable fees.

Shipping & Delivery

Sellers are responsible for ensuring the timely and accurate shipment of items to the buyer. Buyers are responsible for paying the cost of the shipping. Second Catch will provide shipping labels and instructions to the seller via Shippo API, a third-party shipping platform.

Refunds & Returns

All sales on the Platform are final. A buyer may only request a refund if one of the following applies: (i) the item is not received; (ii) the item arrives and is damaged; or (iii) the item is materially not as described in the listing. For more information on what constitutes a “material difference” and other terms related to refunds & returns, please visit: https://secondcatch.com/docs/returns-disputes

V. Responsible Use & Conduct

A. Responsible Use & Conduct, Generally

You agree to only use the Second Catch Platform for the purposes intended and permitted by this Agreement and in accordance with applicable laws. If you use the Second Catch Platform in breach of this Agreement or applicable laws, we may terminate your account and / or suspend your use of the Platform. Your account is personal and for your use only, whether in a private or professional capacity, and your account may not be shared with or used by other people.

You are responsible for maintaining the confidentiality of your account and any non-public authentication credentials associated with your use of Second Catch. You must promptly notify us via email at support@secondcatch.com about any possible misuse of your accounts, authentication credentials or security incident related to the Second Catch Platform.

You represent and warrant that information you provide when registering for an account is accurate and you shall not misrepresent personal information or otherwise be untruthful about your identity.

B. Administrator Assumption of Control

If you use an email address provided by an Organization you are affiliated with to use the Second Catch Platform, you represent that you have authority to use that Organization’s domain and to sign up for an account in your capacity as a member of that Organization.

VI. Account Linking

In some instances, We allow you to link your account to third-party purchasing accounts. By linking these third-party accounts, you authorize Second Catch to use your login-credentials for that account, and you agree that Second Catch can act as your agent to access the relevant information through those accounts to provide information or otherwise deliver insights from within the Platform.

Thus, Second Catch is not responsible for these credentials, and we have no control over them.

VII. Text & Multimedia Messages

You consent and agree to receive transactional text and / or multimedia messages, including account notices, notifications, organization updates, warnings, security notices, emergency notices, and other communications related to the Platform.

VIII. Intellectual Property

The Platform and its text, user interfaces, photographs, trademarks, logos, music, sounds, visual interfaces, artwork, data, files, source code, and the selection and arrangement thereof (“Second Catch Content”), and associated features and functionality are owned by Second Catch and are protected by copyright, trademark, patent, trade secret, unfair competition, and any other applicable intellectual property laws.

Certain portions of the Platform permit you to upload your own User Content. You agree to provide Second Catch a perpetual, non-exclusive license to display, publish, reproduce, modify, edit, or otherwise use your User Content in the Platform, for any other reason.

IX. Licensed Rights

The entirety of the Second Catch Platform is the property of Second Catch and its licensors. We grant you a limited, non-exclusive, revocable license to make use of the Second Catch Platform in accordance with the Agreement.

Except for the rights expressly granted to you, Second Catch grants no right, title, or interest to you in the Platform. All trademarks displayed on the Platform are the sole property of Second Catch or its licensors.

X. Restriction

You may not remove proprietary notices, reproduce, modify, prepare derivative works from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform except as expressly permitted by Second Catch. You may not decompile, reverse engineer or disassemble the Platform, mirror or frame any portion of the Platform, or attempt to gain unauthorized access to or impair any aspect of the Platform.

Any form of fraudulent activity is strictly prohibited and is a violation of these Terms of Use. Second Catch may, in its sole discretion, take any legal or equitable action necessary to address any fraudulent activity and protect the integrity of the Platform.

XI. Termination

At any time, you may terminate your account or stop using the Platform by using your settings to delete your account. We may terminate your access to the Second Catch Platform, without cause or notice, which may result in the forfeiture and destruction of all information associated with you.

XII. Warranty

Second Catch makes no warranty, guarantee, representation, covenant, promises, or otherwise, whether express or implied, regarding the accuracy of any information or content provided via the Platform. The Platform is provided “as is” and on an “as available” basis. You use the Platform at your own risk.

XIII. Limitation of Liability

We do not promise that the Platform will be error-free or uninterrupted. We disclaim all warranties, express or implied, and all liability for acts, omissions, errors, computer viruses, communication failures, theft, destruction, unauthorized access to or alteration of, or breach of contract, tort, negligence, or any cause of action brought against Second Catch or any third parties. Your sole and exclusive remedy is to stop using the Platform.

XIV. Indemnification

You agree to indemnify, defend, and hold harmless Second Catch, its officers, directors, shareholders, employees, predecessors, successors in interest, agents, legal and professional advisors, subsidiaries, and affiliates from any and all direct and indirect demands, losses, liability, claims, or expenses made by any third party against Second Catch due to your use of the Platform or breach of these Terms.

XV. Third-Party Sites

Our Platform may contain links, embeds, and other functionality from third-party sites that are not owned or controlled by Second Catch. This could include promotions, sweepstakes, giveaways, advertisements, and other similar campaigns. Your communications and dealings with such third parties are solely the responsibility of you and that third party.

XVI. Ownership

By using the Second Catch Platform, you hereby grant Second Catch a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use any data submitted to improve the user experience and performance of the Platform. No compensation will be paid with respect to your use of the Platform.

XVII. Copyright Notice

If you reasonably believe that any portion of the Platform infringes on any copyright owned or controlled by you, you may notify our designated agent at:

Attn: Dennis Lee, Second Catch
330 SE 20th Ave Unit #211
Deerfield Beach, FL 33441
Email: support@secondcatch.com

Please see 17 U.S.C. § 512(c)(3) for proper notification.

XVIII. Internet Access

The Platform and all rights associated with it are and shall remain Second Catch’s property. Neither these Terms nor your use of the Platform give or grant to you any rights in or related to the Platform except for the limited license granted above.

XIX. Assignment

Second Catch may assign any or all its rights and obligations to others at any time, without notice, and in our sole discretion. You may not assign, transfer, or otherwise delegate your rights under the Terms to another without Second Catch’s prior express consent.

XX. Governing Law

This Agreement shall be governed and construed in accordance with the laws of Florida, United States, without giving effect to any principles of conflicts of law. For purposes of these Terms, the parties consent to exclusive jurisdiction in Miami-Dade County, Florida.

XXI. Informal Dispute Resolution

To create a friendly, cost-effective, and efficient resolution to any issue under the Terms, you and Second Catch agree to first informally discuss for at least thirty (30) days before pursuing mandatory arbitration. To begin this process, please include your name, email, phone number, your concern and proposed solution to Us via email at support@secondcatch.com, or via certified mail to:

Attn: Dennis Lee, Second Catch
330 SE 20th Ave Unit #211
Deerfield Beach, FL 33441

XXII. Mandatory and Binding Arbitration; Class Action Waiver

If informal negotiations are unsuccessful, all disputes shall be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a judge or jury trial.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Except where otherwise required by applicable AAA rules or law, the arbitration shall take place in Miami-Dade County, Florida.

In no event shall any dispute brought by either party related in any way to the Platform be commenced more than one (1) year after the cause of action arose.

Exceptions to the Informal Negotiations and Arbitration

The parties agree that the following disputes are not subject to binding arbitration: any dispute seeking to enforce or protect intellectual property rights, disputes related to theft, piracy, invasion of privacy, or unauthorized use, and claims for injunctive relief.

XXIII. Waiver of Judge or Jury Trial

You waive any constitutional and statutory rights to sue in court and receive a judge or jury trial. The sole and exclusive remedy is mandatory and binding arbitration.

XXIV. Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms by posting the updated terms and making them publicly available on the Platform. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms.

XXV. Taxes

You are solely responsible for all applicable federal, state, local, or provincial taxes, levies, fees, or other charges associated with your participation and use of the Platform.

XXVI. Severability

Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.

XXVII. Survival

Any provisions that should be considered, by their very nature, to survive the termination of this Agreement shall survive, including, without limitation, any provision regarding indemnification, intellectual property rights, third party claims, and confidentiality.

XXVIII. Merger and Integration

You and Second Catch agree that this Agreement represents a complete and exclusive statement of understanding between the parties and supersedes all prior or contemporaneous discussions agreements, communications, or negotiations relating to these Terms.

XXIX. No Agency

You agree that there is no agency, partnership, joint venture, employment or other relationship created as a result of this Agreement. Further, Second Catch and you agree that there are no intended third-party beneficiaries to these Terms.

XXX. Contact Us

If you have any questions about these Terms, please contact us at support@secondcatch.com.