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 AgreementNo 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.

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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