Financing

ClearGage Terms of Use Agreement Version - 031021

Last Modified: March 10, 2021

1. ACCEPTANCE OF TERMS OF USE AGREEMENT

These Terms of Use ("Agreement") constitute a contractual relationship between you between you and ClearGage, LLC and its subsidiaries and affiliates (collectively, "ClearGage," "we," "us," "our"). This Agreement governs your access and use of the ClearGage website (the "Site) and the online functions, products, and services made available to you through the Site (collectively, the "Services"), whether as a guest or a registered user.

Please read this Agreement carefully before you start to use the Site or Services. By using the Site, or by clicking to accept or agree to this Agreement when this option is made available to you, you accept and agree to be bound and abide by this Agreement and our: (i) E-Sign Consent Agreement, (ii) Mandatory Dispute Resolution Agreement, (iii) Privacy Policy and, (iv) Privacy Notice. If you do not agree with the terms of this Agreement or our E-Sign Consent Agreement, Mandatory Dispute Resolution Agreement or Privacy Policy, you may not access or use the Site or Services, or click accept or agree if presented.

2. YOUR ELIGIBILITY

To be eligible to use the Services, you must be at least 18 years old or of legal age in your state of residence, have full legal capacity to enter into a contract and provide your personal details. You represent and warrant that you are eligible to use the Services.

3. CHANGES TO AGREEMENT

We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site and Services thereafter. However, any changes to the Mandatory Dispute Resolution Agreement will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.

Your continued use of the Site and Services following the posting of changes to this Agreement means that you accept and agree to the changes. You are expected to check this page each time you access the Site and Services so you are aware of any changes, as they are binding on you.

4. ACCESSING THE SITE AND SERVICES AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Site and the Services, and any material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site or Services, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Site and Services.
  • Ensuring that all persons who access the Site through your internet connection are aware of this Agreement and comply with it.

To access the Site, Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site and the Services that all the information you provide is correct, current, and complete. You agree not to misrepresent your identity or your account information. You further agree to keep your account information up to date and accurate.

When you create an account with the Site or Services, you agree to use a username with a password that is complex, secure, and private. You agree to protect your log-in credentials. You agree to accept the risk of unauthorized access and use of your account if your credentials are guessed, stolen or intercepted. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site, the Services or portions thereof using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We are not responsible for any unauthorized use or access of your account, including without limitation, unauthorized payment transactions.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

5. SERVICES

Through the Site, we may offer you access to Services that give you the ability to: (i) access billing and account information related to your account with your healthcare provider ("Provider"), (ii) make online payments to your Provider, (iii) apply for loans with our bank partner, (iv) access billing and account information related to your loan, and (v) make online payments related to your loan. The following additional terms apply to these Services.

Payment Processing Services:

Through your use of the Site’s payment processing services, you understand that you are authorizing us to process payments according to your instructions, which may include, without limitation, payments from a credit or debit card or bank or financial institution account (the "Transaction Account") that you designate. You further agree that you are authorizing us to store your Transaction Account information for future payment transactions.

It is your responsibility to establish and maintain sufficient funds in the Transaction Account and to pay any and all fees associated with the transaction including any fees charged by your Provider and/or your bank or financial institution for failed transactions. You authorize us to charge your Transaction Account and remit funds on your behalf. If there are insufficient funds or available credit, your credit card company, financial institution, ClearGage and/or Provider may charge you a fee, interest or decline your online payment. You are solely responsible for paying any fees or interest associated therewith, and any other fees, charges, or interest levied by your credit card company, bank or financial institution with respect to any transaction processed using the Site. You are also responsible for any fees, charges or interest levied by your Provider for any payments which are not timely received by your Provider for any reason.

We will use our best efforts to process all your payment authorizations promptly and properly. However, we shall incur no liability if we are unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances: (i) you have failed to provide correct or complete information about your Transaction Account, (ii) your account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account, (iii) you have not provided us with correct payee names or account information, (iv) circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper transmission of your payment authorization and we have taken reasonable precautions to avoid those circumstances, or (v) fault of internet, third-party service providers’ failure, bank, credit card, merchant processor, etc.

Submission of Loan Applications

When you apply for a loan through the Site or Services, you may be required to accept additional terms, including without limitation: (i) terms required to submit a loan application, (ii) terms included in a loan application, and (iii) terms in loan documents if you obtain a loan with our bank partners. These terms are in addition to the terms in this Agreement and do not supersede the terms of this Agreement. As part of the loan application process, you agree you will provide current, complete, and accurate information about yourself and any co-borrowers or co-signers. If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to terminate your submission and to decline to provide any and all future use of the Site. At all times we reserve the right to decline any loan submission or application for a loan.

6. PRIVACY AND COLLECTION OF INFORMATION

By using the Site or Services, we will collect information about you and use it and share it according to our Privacy Policy. You agree that all information you provide to register with the Site, the Services or otherwise, including, but not limited to, through the use of any interactive features on the Site or in the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Additionally, by using the Site or Services, you authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with the Customer Identification Program rules implementing Section 326 of the USA PATRIOT Act. This may include asking you for further information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third-party databases or through other sources. We may also ask you for identifying documents to help us validate your identity. We reserve the right to close, suspend, or limit access to your account and/or the Services in the event we are unable to obtain or verify this information. If you apply for a loan, you agree and consent for us to share information about you with the merchant you will pay with the loan proceeds, including without limitation, your decision to submit a loan application, the status and terms of your application, the bank’s decision to approve or deny your application, and if your application is approved, your payment history, and information regarding your transactions and experiences with us.

7. TEXT, EMAIL AND PHONE COMMUNICATIONS

You expressly consent and agree that we may communicate with you regarding any matter relating to our Services, registration for our Services, applications for loans with our bank partners, servicing of accounts with your Provider and our bank partners, and your protected health information related to your payment obligations, via standard, unsecured (unencrypted) text message and email, as well as voice calls to your mobile phone or landline phone, which may make use of prerecorded/artificial voice messages and/or automatic telephone dialing systems or automatic texting systems. Please be aware that communications sent via standard, unsecured, text message and email can potentially be read by someone other than you.

You agree that we may use any telephone number you provide, now or in the future, including a number for a mobile phone or other wireless device, regardless of whether you incur charges as a result, and even if listed on a national or state Do Not Call registry.

You represent that any telephone number you provide to us belongs to you and that you are authorized to provide us such number. You agree to let us know immediately if your telephone number changes. You also agree that standard mobile, message, or data rates may apply and that you are responsible for any such fees. You understand and agree that we may monitor or record telephone conversations you or anyone acting on your behalf has with us.

8. CREDIT REPORT AUTHORIZATION

You expressly authorize us, our affiliates, bank partners and servicers to obtain consumer reports from consumer reporting agencies about you (1) when you apply for a loan, (2) periodically throughout the term of your loan, (3) to service your loan, and (4) periodically in connection with the use of any other services that we offer or that you may obtain from us; and in each case, you expressly authorize us to use such information about you to (i) determine your eligibility for a loan, (ii) market our current and future products and services to you, (iii) provide you with other services you may request from us, (iv) make decisions related to the servicing and collection of your account, (v) measure how the loan you obtained impacts your credit, (vi) perform other statistical analyses, and (vii) share information with you about your credit profile. You understand that we may report information about your loan (such as on-time, late, and missed payments; any defaults; and the fact you paid off your loan) to credit reporting agencies, and that such information may be reflected in your credit report.

9. PROHIBITED USES

You may use the Site or Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Site or Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site or Services, or which, as determined by us, may harm our company or users of the Site or Services, or expose them to liability.

Additionally, you agree not to:

  • Use the Site or Services in any manner that could disable, overburden, damage, or impair the Site or Services or interfere with any other party's use of the Site or Services, including their ability to engage in real time activities through the Site or Services.
  • Use any robot, spider, or other automatic device, process, or means to access the Site or Services for any purpose, including monitoring or copying any of the material on the Site or Services.
  • Use any manual process to monitor or copy any of the material on the Site or Services, or for any other purpose not expressly authorized in this Agreement, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site or Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or Services, the server on which the Site or Services are stored, or any server, computer, or database connected to the Site or Services.
  • Attack the Site or Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site or Services.

10. MONITORING AND ENFORCEMENT; TERMINATION

We have the right to: (i) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site or Services; and/or (ii) terminate or suspend your access to all or part of the Site or Services for any or no reason, including without limitation, any violation of this Agreement.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site or Services. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, SUBSIDIARIES, PARTNERS, LICENSORS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

11. THIRD-PARTY SERVICES

Some links and services offered on the Site may include services provided by a third-party. Links to third-party websites are provided solely for informational purposes that may be useful to users of the Services, and we have no control over the content on such websites. We make no representations or warranties regarding the content of such websites, or the accuracy, completeness, reliability of the third-party websites, nor do we warrant that any such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or defects. If you choose to visit a third-party website, you do so at your own risk. The inclusion of links to third-party websites on the Site or in the Services do not constitute or imply an endorsement of the opinions, ideas, products, information or services presented on any such third-party websites.

12. OWNERSHIP RIGHTS

The Site and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by us, or our licensors, and the Site is protected by United States copyright laws and international treaty provisions. You acknowledge and agree that we own all right, title, and interest in and to the Site, the technology and software available on the Site. You may download or print your billing and payment records from the Site solely for your own use. Any other copying, redistribution, retransmission to any other entity or publication of any viewable material is prohibited.

13. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, SERVICES, AND THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES IS AT YOUR OWN RISK. THE SITE, SERVICES, AND THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE, SERVICES, AND THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR SERVICES, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SERVICES, AND THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, SUBSIDIARIES OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, SERVICES, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

15. INDEMNIFICATION

You shall indemnify, defend and hold harmless us, and our affiliates, bank partners, suppliers and licensors, service providers and vendors, and each of their respective officers, directors, agents and employees (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Site; (ii) your violation of this Agreement; (iii) your negligence or willful misconduct in connection with this Agreement; and (iv) your violation of the rights of a third-party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of this Agreement.

16. TERM AND TERMINATION

This Agreement will continue to apply to you and your use of the Site and Services until your account or relationship with us is terminated as set forth herein. We may, in our sole discretion, suspend or terminate your use of the Site or Services at any time, for any or no reason, and with or without prior notice. You agree that we will not be liable to you or any third-party for any termination of your account or access.

17. MISCELLANEOUS PROVISIONS

Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without our prior written consent and any unauthorized assignment will be null and void with no effect. This Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns. If any provision of this Agreement is found to be illegal or unenforceable, such provision will be deemed modified to conform to applicable laws or regulations, or if it cannot be so modified without materially altering the intent of the parties, it shall be stricken and the remainder of this Agreement shall continue in full force and effect. This Agreement and all matters related thereto shall be construed in accordance with the laws of the State of Florida, except those rules relating to conflicts of laws or Dispute Resolution Agreement. No delay or failure by either party to exercise any right, power or remedy accruing upon any breach, default or noncompliance under this Agreement shall impair any such right, power or remedy, nor shall it be construed to be a waiver of such or any subsequent breach, default or noncompliance. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous agreements, communications, representations and understandings (both written and oral) regarding such subject matter. Except as expressly provided herein, this Agreement may only be modified by a written document executed by both all parties.

18. COMPLAINTS AND COMMENTS

If you have a complaint about ClearGage, you may submit your complaint to support@cleargage.com. All other feedback comments, requests for technical support and other communications relating the Site should be directed to:

ClearGage, LLC
support@cleargage.com
3810 Northdale Boulevard, Suite 210
Tampa, FL 33624
800-236-3206 (Toll Free)
813-315-6552 (Fax)
Hours: Monday - Saturday 8:30 AM - 10:00 PM

E-Sign Consent Agreement Version - 032421

Electronic Disclosures and Consent

By clicking to accept or agree to this E-Sign Consent Agreement when this option is made available to you, you accept and agree to be bound and abide by the terms and conditions of this E-Sign Consent Agreement, and acknowledge that you have downloaded or printed a copy of it for your own records. By providing your consent, you further agree as follows:

  • ClearGage, LLC, our lenders who issue you a loan, and each of our respective affiliates, agents and service providers (collectively, "we" or "us"), can provide you all disclosures, agreements, records and communications in electronic format, including, without limitation, (i) legal disclosures that we are required to provide you in writing; (ii) legal documents such as the ClearGage terms of service, privacy policy, privacy notice, loan applications and applicable loan documents; (iii) transactional documents such as payment authorizations, payment receipts or payment notices; (iv) account information such as account statements, billing statements and summaries, and (v) additional servicing information such as fraud notices, payment requests and identity verification requests (collectively, "Communications"). You understand and agree that you must consent to transact business with us and the lenders who lend for us, such as Medallion Bank, through electronic communications to process your loan request. If you do not agree to this consent or you withdraw your consent, you may be restricted from using our services. Furthermore, you understand and agree that your electronic signature on any agreement or document has the same legal effect as if you had signed them in ink.
  • We can send you Communications via email or text message to the email address or mobile telephone number that you provided us directly, or that you provided us indirectly through your healthcare provider.
  • Your consent applies to all Communications you receive from us, and that we need not provide you with additional paper (non-electronic) copies of Communications, unless and until you have withdrawn your consent in accordance with the procedure set forth below.
  • You will access and keep a copy of all Communications you receive from us.
  • Your electronic signature on agreements and documents has the same effect as if you signed them in ink.

System Requirements to Access Information

To view, receive and retain copies of Communications from us, you acknowledge and agree that you will need the following equipment and software:

  • A personal computer (do not use a public computer) or mobile device with Internet or mobile connectivity.
  • For desktop access, a current version of:
  • For mobile access:
    • a current operating system that supports text message, downloading and applications from the Apple App Store or Google Play store; and
    • a web browser (iOS 11.4 or higher devices running Safari or Chrome; Android 5.0 or higher devices running Android Browser or Chrome.).
  • A current web browser or program that permits you to receive and access Portable Document Format or "PDF" files, such as Adobe Acrobat Reader® (available for downloading at https://get.adobe.com/reader/).
  • A valid email address and a working mobile telephone number that can receive text messages.
  • Sufficient storage space on your computer or mobile device to save Communications, or the capability to print Communications from the computer or mobile device on which you view them.

Changes to Hardware or Software Requirements

We will notify you if our hardware or software requirements change and give you notice of the revised hardware and/or software requirements. Continuing to use our services after receiving notice of the change is reaffirmation of your consent.

If you cannot accommodate the new hardware or software requirements, you will be able to withdraw from utilizing electronic Communications, disclosures and other processes covered by this consent at no charge. Furthermore, you will be able to access all of these Communications through paper delivery. Should you obtain newer hardware or software equipment at a later time that will allow you to utilize our electronic Communications services, you will be required to renew your consent at that time.

Withdrawing Consent

You may withdraw your consent to receive electronic Communications by contacting us via email at support@cleargage.com, by telephone at 800-236-3206 or by postal mail at: ClearGage LLC, Attn: Customer Service, 3810 Northdale Boulevard, Suite 210, Tampa, FL 33624. Withdrawal of your consent to receive electronic statements will be effective only after we have a reasonable period of time to process your withdrawal.

Requesting Paper Copies

You may also request paper copies of any specific Communication within 180 days of the date of the Communication without withdrawing your electronic communications consent given in this E-Sign Consent Agreement. You may request paper copies by contacting us via email at support@cleargage.com, by telephone at 800-236-3206 or by postal mail at: ClearGage LLC, Attn: Customer Service, 3810 Northdale Boulevard, Suite 210, Tampa, FL 33624. You may request paper copies free of charge.

How to Update Your Records

It is your responsibility to provide us with a true, accurate and complete email address, mobile telephone number, and other information related to this E-Sign Consent Agreement, and your account(s) with us, and to maintain and update promptly any changes in this information. The email you provided at the time you applied for your loan will be assumed to be your most recent email address. You can update your information (such as your email address or mobile telephone number) by contacting us via email at support@cleargage.com, by telephone at 800-236-3206 or by postal mail at: ClearGage LLC, Attn: Customer Service, 3810 Northdale Boulevard, Suite 210, Tampa, FL 33624.

ClearGage Arbitration/Dispute Resolution Agreement Version - 032421

READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US.

BY CLICKING TO ACCEPT OR AGREE TO THIS DISPUTE RESOLUTION AGREEMENT WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THE TERMS AND CONDITIONS OF THIS DISPUTE RESOLUTION AGREEMENT, AND ACKNOWLEDGE THAT YOU HAVE DOWNLOADED OR PRINTED A COPY OF IT FOR YOUR OWN RECORDS. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS DISPUTE RESOLUTION AGREEMENT AS PROVIDED IN PARAGRAPH (2) BELOW.

If you are a "Covered Borrower" as defined by the federal Military Lending Act regulations (32 CFR §232, as amended from time to time) at the time of entering into this Agreement, then this Dispute Resolution Agreement does not apply to you, and you do not need to opt out or take any action to ensure inapplicability of this Dispute Resolution Agreement.

  1. Either party to this Dispute Resolution Agreement, or any subsequent holder, may, at its sole election, require that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Dispute Resolution Agreement, unless you opt out as provided in Section (II) below. As used in this Dispute Resolution Agreement, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us and/or any subsequent holder (or persons claiming through or connected with us and/or the subsequent holders) on the other hand, relating to or arising out of this Dispute Resolution Agreement, any loan agreement and promissory note(s), the Site, and/or the activities or relationships that involve, lead to, or result from any of the foregoing, including (except to the extent provided otherwise in the last sentence of Section (VI) below) the validity or enforceability of this Dispute Resolution Agreement, any part thereof, or the Dispute Resolution Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter-claims, cross-claims, third-party claims, or otherwise. The scope of this Dispute Resolution Agreement is to be given the broadest possible interpretation that is enforceable.
  2. You may opt out of this Dispute Resolution Agreement for all purposes by sending an arbitration opt out notice to ClearGage LLC, 3810 Northdale Blvd., Ste. 210, Tampa, FL, 33624 Attention: Legal Department, which is received at the specified address within 30 days after the date of your electronic acceptance of the terms of this Dispute Resolution Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Dispute Resolution Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt out notice in any manner you see fit, as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Dispute Resolution Agreement. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf.
  3. If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to legal@cleargage.com at any time, or by calling 800-236-3206 from Monday - Saturday 8:30 AM - 10:00 PM ET.
    The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Dispute Resolution Agreement or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1-800-778-7879 or visit the AAA’s web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1-800-352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Dispute Resolution Agreement, this Dispute Resolution Agreement shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply.
  4. If we elect arbitration, we shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, then these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
  5. Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitration administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Dispute Resolution Agreement and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court of competent jurisdiction.
  6. We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court or an equivalent court of limited jurisdiction that does not allow class action litigation, if any, so long as the Claim is pending only in that court. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not: (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section (VI), and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section (VI) shall be determined exclusively by a court and not by the administrator or any arbitrator.
  7. This Dispute Resolution Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Dispute Resolution Agreement. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
  8. This Dispute Resolution Agreement shall survive: (i) suspension, termination, revocation, closure, or amendments to this Dispute Resolution Agreement and the relationship of the parties; (ii) the bankruptcy or insolvency of any party or other person; and (iii) any transfer of any loan or loan agreement or promissory note(s) which you owe, or any amounts owed on such loans or notes, to any other person or entity. If any portion of this Dispute Resolution Agreement other than Section (VI) is deemed invalid or unenforceable, the remaining portions of this Dispute Resolution Agreement shall nevertheless remain valid and in force. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section (VI) are finally adjudicated pursuant to the last sentence of Section (VI) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Dispute Resolution Agreement.

THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS DISPUTE RESOLUTION AGREEMENT, EXCEPT THAT EITHER PARTY MAY PURSUE A CLAIM IN SMALL CLAIMS COURT. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT - EXCEPT FOR SMALL CLAIMS COURT - BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.

Medallion Privacy Notice Rev. 09/2018

Facts What does Medallion Bank do with your personal information?
Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What?

The types of personal information we collect and share depend on the product or service you have with us. This information can include:

  • Social Security number and income
  • transaction history and account balances
  • credit history and credit scores

When you are no longer our customer, we continue to share your information as described in this notice.

How? All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons Medallion Bank chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information Does Medallion Bank share? Can you limit this sharing?
For our everyday business purposes - such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus Yes No
For our marketing purposes - to offer our products and services to you No We don't share
For joint marketing with other financial companies No We don't share
For our affiliates' everyday business purposes - information about your transactions and experiences No We don't share
For our affiliates' everyday business purposes - information about your creditworthiness No We don't share
For nonaffiliates to market to you No We don't share
Questions? Please call 800-236-3206 or email privacy@cleargage.com
What we do
How does Medallion Bank protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.
How does Medallion Bank collect my personal information?

We collect your personal information, for example, when you:

  • apply for a loan
  • give us your contact information
  • give us your income information
  • provide employment information or
  • show your government-issued ID
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
Why can't I limit all sharing?

Federal law gives you the right to limit only:

  • sharing for affiliates' everyday business purposes—information about your creditworthiness
  • affiliates from using your information to market to you
  • sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.
Definitions
Affiliates

Companies related by common ownership or control. They can be financial and nonfinancial companies.

  • Medallion Bank does not share with our affiliates.
Non-affiliates

Companies not related by common ownership or control. They can be financial and nonfinancial companies.

  • Medallion Bank does not share with nonaffiliates so they can market to you.
Joint marketing

A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

  • Medallion Bank doesn't jointly market.
Other Important Information

For Vermont Residents: We will not share information we collect about you with nonaffiliated third parties, except as permitted by Vermont law, such as to process your transactions or to maintain your account. In addition, we will not share information about your creditworthiness with our affiliates.

For California Residents: We will not share information we collect about you with nonaffiliated third parties, except as permitted by California law, such as to process your transactions or to maintain your account.

ClearGage Privacy Notice Rev. 01/2021

Facts What does ClearGage do with your personal information?
Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What?

The types of personal information we collect and share depend on the product or service you have with us. This information can include:

  • Social Security number and income
  • transaction history and account balances
  • credit history and credit scores

When you are no longer our customer, we continue to share your information as described in this notice.

How? All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons ClearGage chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information Does ClearGage share? Can you limit this sharing?
For our everyday business purposes - such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus Yes No
For our marketing purposes - to offer our products and services to you Yes No
For joint marketing with other financial companies Yes No
For our affiliates' everyday business purposes - information about your transactions and experiences Yes No
For our affiliates' everyday business purposes - information about your creditworthiness No We don't share
For nonaffiliates to market to you No We don't share
Questions? Please call 800-236-3206 or email privacy@cleargage.com
What we do
How does ClearGage protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.
How does ClearGage collect my personal information? We collect your personal information, for example, when you:
  • apply for a loan
  • give us your contact information
  • give us your income information
  • provide employment information or
  • show your government-issued ID
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
Why can't I limit all sharing? Federal law gives you the right to limit only:
  • sharing for affiliates' everyday business purposes—information about your creditworthiness
  • affiliates from using your information to market to you
  • sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.
Definitions
Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies.
  • Our affiliates include companies with the ClearGage name, and financial companies such as CG FPF FundCo LLC.
Non-affiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies.
  • ClearGage does not share with nonaffiliates so they can market to you.
Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
  • Our joint marketing partners may include other financial service providers such as banks, lenders, insurance companies or other consumer service providers.
Other Important Information

For California, North Dakota and Vermont Residents: We will not share information we collect about you with nonaffiliated third parties, except as permitted by state law, such as to process your transactions or to maintain your account. or with your consent. We will not share information under a joint marketing agreement or with affiliates except as permitted by applicable state law.

For Nevada Residents: Notice provided pursuant to state law. To be placed on our internal Do Not Call List call 800-236-3206. If you would like more information about telemarketing practices, you may contact us at 800-236-3206. For more on this Nevada law, contact Bureau of Consumer Protection, Office the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: 1-702-486-3132; email: BCPINFO@ag.state.nv.us.